Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant, upset about a recent layoff, decides to sabotage his former employer's computer system. He writes a malicious script designed to delete critical data and plans to execute it remotely from his home. However, before he can connect to the employer's network, his internet service is unexpectedly interrupted due to a fiber optic cable cut. He makes no further attempts to execute the script. Under the Model Penal Code (MPC), can the defendant be convicted of attempt to commit computer sabotage?
- ANo, because the defendant voluntarily abandoned his criminal plan due to the internet outage.
- BNo, because the defendant's act was not dangerously proximate to the commission of the crime.
- CYes, because the defendant had the intent to commit the crime, regardless of the external interruption.
- DYes, because writing the malicious script constitutes a substantial step towards committing the crime.
Show answer & explanationAnswer & explanation
Correct answer: D. Yes, because writing the malicious script constitutes a substantial step towards committing the crime.
Under the MPC, a 'substantial step' towards the commission of a crime, coupled with the requisite intent, is sufficient for attempt. Writing the malicious script is a clear substantial step.
Why the other options are wrong
- A. The abandonment was involuntary, caused by external factors (internet outage), not a change of heart.
- B. Dangerous proximity is a common law test; MPC uses the 'substantial step' test.
- C. While intent is necessary, it must be coupled with an overt act or substantial step; the internet outage does not negate the prior substantial step.
Attempt (MPC Substantial Step)
Under the Model Penal Code, a person is guilty of attempt if, with the intent to commit a specific crime, they take a 'substantial step' toward its commission.
- Requires specific intent to commit the target crime.
- Substantial step must strongly corroborate the actor's criminal purpose.
- Examples: lying in wait, enticing victim to a place, reconnoitering place of crime.
- Factual impossibility is not a defense.
Memory trick: MPC Attempt: 'Intend it, then step it!'