US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 4.4
Attempt
The defendant is charged in the indictment with attempting to commit [specify crime charged]. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
First, the defendant intended to [specify elements of crime charged]; and
Second, the defendant did something that was a substantial step toward committing the crime.
A “substantial step” is conduct that strongly corroborated a defendant’s intent to commit the crime. To constitute a substantial step, a defendant’s act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances. Mere preparation is not a substantial step toward committing the crime.
Jurors do not need to agree unanimously as to which particular act or actions constituted a substantial step toward the commission of a crime.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
a39521c07de8c5f4b8f42819f246a9ac61942b27112bf84de50e5ac48a3b6119
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