7.1.10: Attempt Intent — Read

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The criminal intent element required for attempt in the majority of jurisdictions is the specific intent or purposely to commit the crime at issue (N.Y. Penal Law, 2010). Generally, no such thing exists as reckless or negligent attempt. Thus if the prosecution fails to prove beyond a reasonable doubt that the defendant acted purposefully with intent to commit the crime attempted, this could operate as a failure of proof defense.

Example of a Case Lacking Attempt Intent

Eric is hiking in a jurisdiction that criminalizes reckless burning. Eric pauses in front of a sign that states “Fire Danger Today: High.” Eric reads the sign, pulls out a cigarette, lights it, and throws the lit match into some dry brush near the sign. He starts hiking and when he finishes his cigarette, he tosses the lit cigarette butt into some arid grass. Neither the brush nor the grass burns. Eric probably does not have the requisite criminal intent for attempted reckless burning. Attempt requires purposeful conduct. Eric’s conduct is reckless because he is aware of a risk and disregards it. If Eric takes the match or lit cigarette and tries to ignite a fire with them, it is likely that he has the appropriate criminal intent for attempted arson. However, in this case Eric’s actions demonstrate careless behavior that probably is not sufficient for the crime of attempt.

This page titled 7.1.10: Attempt Intent was last modified on Tue, 01 Sep 2026 15:37:17 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.

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