California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a high school student, is dared by his friends to steal a specific rare comic book from a local store. He agrees, walks into the store, and attempts to grab the comic book from a display case. However, an anti-theft device triggers, and he drops the comic book and flees without it. Which of the following best describes the client's criminal liability?
- AConspiracy, due to the agreement with his friends.
- BAttempted Larceny, as he took a substantial step with intent to steal.
- CNo crime, as he did not succeed in taking the comic book.
- DSolicitation, as his friends dared him to commit the crime.
Show answer & explanationAnswer & explanation
Correct answer: B. Attempted Larceny, as he took a substantial step with intent to steal.
Attempted larceny occurs when a person, with the specific intent to commit larceny, takes a substantial step toward its commission. The client intended to steal the comic book and grabbing it from the display case constitutes a substantial step, even though he was unsuccessful.
Why the other options are wrong
- A. While there was an agreement, 'Attempted Larceny' is the more direct and specific crime for his actions in the store.
- C. Failure to complete the crime does not negate liability for attempt if all elements of attempt are met.
- D. Solicitation would be if he asked his friends to steal it; here, he acted himself.
Attempt (Criminal)
Specific intent to commit a crime coupled with an overt act beyond mere preparation, bringing the perpetrator in close proximity to the successful commission of the crime.
- Requires specific intent for the target crime.
- Requires a 'substantial step' or 'proximity' to the crime.
- Failure to complete the crime is irrelevant to attempt liability.
Memory trick: Aiming for a crime, even if you miss, it's an attempt.