Title V. Penal Code

Chapter 4. Inchoate Crimes.

§ 400. Attempt.

    1.    No person shall be convicted of an attempt to commit a crime unless it can be proven that he intentionally did or omitted to do anything that, under the circumstances as he believes them to be, was an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime, while acting with the kind of liability otherwise required for commission of the crime.

    2.    Conduct shall not be held to constitute a substantial step unless it is strongly corroborative of the defendant's criminal intent. Such conduct may include:
            a.     lying in wait, searching for or following the contemplated victim of the crime;
            b.     enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission;
            c.     reconnoitring the place contemplated for the commission of the crime;
            d.     unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed;
            e.     possession of materials to be employed in the commission of the crime, that are specially designed for such unlawful use or that can serve no lawful intent of the defendant under the circumstances;
            f.     possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, if such possession, collection or fabrication serves no lawful intent of the defendant under the circumstances;
            g.     soliciting an innocent agent to engage in conduct constituting an element of the crime.

    3.    A person who engages in conduct designed to aid another to commit a crime that would establish his complicity as an accomplice if the crime were committed by such other person, is guilty of an attempt to commit the crime even if the crime is not committed or attempted by such other person.

    4.    When the defendant's conduct would otherwise constitute an attempt, it is an affirmative defence that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal intent. The establishment of such defence does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.

    5.    Renunciation of criminal intent is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the defendant's course of conduct, that increase the probability of detection or apprehension or that make more difficult the accomplishment of the criminal intent. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

    6.    Attempt to commit a crime punishable by imprisonment shall be punished by a term of imprisonment of two-thirds the sentence for the completed crime, and damages of two-thirds the damages awarded for the completed crime.

    7.    Attempt to commit a crime not punishable by imprisonment shall be punished by damages of two-thirds the damages awarded for the completed crime.

Chapter 4                 § 314                 § 401