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7.1.9: Preparatory Crimes

California Criminal Law 2026 · LibreTexts

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    Some states have statutes criminalizing behavior that would be considered preparatory under any of the four attempt act tests. For example, some statutes prohibit the mere possession of burglar’s tools (N.Y. Penal Law, 2010) or even the manufacture of burglar’s tools (Conn. Gen. Stat., 2010). A defendant could be convicted of a preparatory crime and attempt if the criminal act element for both is present under the circumstances.

    Example of a Preparatory Crime and Attempt

    Hal manufactures a lock pick and takes it to the local coin shop, which is closed. Hal takes the lock pick out and begins to insert it into the coin shop doorknob. A security guard apprehends Hal before he is able to pick the lock.

    If Hal is in a jurisdiction that prohibits the manufacture of burglar’s tools, he probably could be charged with and convicted of manufacture of burglar’s tools and attempted burglary because he has committed the criminal act element required for both of these offenses.

    This page titled 7.1.9: Preparatory Crimes was last modified on Tue, 01 Sep 2026 15:36:08 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.