A person, intending to burn down an abandoned warehouse, splashes gasoline around the perimeter. Before he can light the match, a police officer, who was coincidentally patrolling the area, apprehends him. In a jurisdiction following the Model Penal Code (MPC) substantial step test for attempt, which of the following is the most likely outcome?
- AGuilty of conspiracy to commit arson, even though no co-conspirator was involved.
- BGuilty of attempt to commit arson, as splashing gasoline constitutes a substantial step strongly corroborating his criminal purpose.
- CNo attempt, as he had not yet performed the final act (lighting the match).
- DNo attempt, as abandonment of the criminal enterprise is a valid defense under the MPC.
Show answer & explanationAnswer & explanation
Correct answer: B. Guilty of attempt to commit arson, as splashing gasoline constitutes a substantial step strongly corroborating his criminal purpose.
Under the Model Penal Code's 'substantial step' test for attempt, an act constitutes an attempt if it is a substantial step in a course of conduct planned to culminate in the commission of the crime, and it strongly corroborates the actor's criminal purpose. Splashing gasoline around a building with the intent to burn it is a clear preparatory act that goes beyond mere preparation and strongly indicates a criminal purpose, thus satisfying the substantial step requirement for attempted arson.
Why the other options are wrong
- A. Conspiracy requires an agreement between two or more persons, which is absent here.
- C. The MPC 'substantial step' test does not require the final act; it focuses on significant preparatory acts.
- D. Abandonment under the MPC is a defense only if it is complete and voluntary, and occurs before the substantial step is taken. Here, he was apprehended before he could voluntarily abandon.
Attempt (MPC Substantial Step Test)
An act that constitutes a substantial step in a course of conduct planned to culminate in the commission of the crime, and which strongly corroborates the actor's criminal purpose.
- Requires specific intent to commit the target crime
- The act must be a 'substantial step'
- Must strongly corroborate criminal purpose
- Goes beyond mere preparation
Memory trick: Attempt's quest: intent, then a step, put to the test.