A defendant, intending to rob a bank, researches the bank's security, draws detailed blueprints of the interior, purchases a ski mask and a replica firearm, and drives to the bank's parking lot. Before exiting the car, the defendant has a change of heart and drives away. In a jurisdiction following the Model Penal Code (MPC) substantial step test for attempt, which of the following is the most appropriate charge?
- AConspiracy to Commit Robbery, as multiple preparatory acts were taken.
- BAttempted Robbery, as substantial steps were taken.
- CSolicitation to Commit Robbery, as the defendant was preparing to commit the crime.
- DNo criminal liability, as the defendant abandoned the plan.
Show answer & explanationAnswer & explanation
Correct answer: B. Attempted Robbery, as substantial steps were taken.
Under the Model Penal Code's substantial step test, acts that strongly corroborate the actor's criminal purpose, such as significant preparations like detailed planning, acquiring tools, and approaching the target, can constitute a substantial step towards the commission of the crime, even if the final act is not taken. Driving to the bank's parking lot with the intent to rob it, after extensive preparation, would likely be considered a substantial step.
Why the other options are wrong
- A. Conspiracy requires an agreement between two or more persons to commit a crime, which is not indicated in the scenario.
- C. Solicitation involves enticing or encouraging another person to commit a crime, which did not occur here.
- D. Abandonment is typically a defense to attempt only if it is complete and voluntary, and occurs before the substantial step is taken. Here, substantial steps were already taken.
Attempt (MPC Substantial Step)
Under the Model P. Code, an attempt occurs when a person, with the intent to commit a specific crime, takes a 'substantial step' toward the commission of that crime.
- Requires specific intent to commit the target crime.
- The 'substantial step' must strongly corroborate the actor's criminal purpose.
- Mere preparation is generally not enough, but acts beyond preparation that are unequivocally referable to the crime are sufficient.
Memory trick: INCOMPLETE crimes still have CONSEQUENCES.