ICJI 1451

ICJI 1451 ATTEMPT -- ELEMENTS

In order for the defendant to be guilty of Attempted [offense], the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant did some act which was a step towards committing the crime of [offense], and

4. when doing so the defendant intended to commit that particular crime.

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. s 18-306.

Attempt consists of two elements: (1) having an intent to do an act or bring about certain consequences which would in law amount to a crime and (2) doing an act in furtherance of that intent which goes beyond mere preparation. State v. Glass, 139 Idaho 815, 87 P.3d 302 (Ct. App. 2003).

I.C. s 18-305 provides that a person may be convicted of an attempt even though the evidence shows that the crime attempted was actually committed. Therefore, under Idaho law the elements of attempt do not include the element that the defendant failed to consummate the crime attempted.

Factual or legal impossibility for the defendant to commit the intended crime is not relevant to a determination of defendant's guilt of attempt. State v. Glass, 139 Idaho 815, 87 P.3d 302 (Ct. App. 2003).

In some cases, an attempt may be an included offense to the crime charged. If the facts warrant giving such instruction, then the included offense introductory instruction (ICJI 225) should be given before this instruction.