• 2007 - Criminal Attempt
  • K-2.01
    • Accomplices And Accessories
    • Aiders And Abettors
    • Criminal Attempt
    • Introductory Instructions - Special Situations
    • Introductory Instructions - Special Situations
  • A person is guilty of Criminal Attempt if, acting with the kind of culpability otherwise required for commission of a crime, that person intentionally engages in conduct which constitutes a substantial step toward commission of the crime. A "substantial step" is any conduct that tends toward but falls short of actual commission and is strongly corroborative of the firmness of the actor's intent to complete the commission of the crime.

     

    [A person who engages in conduct intending to aid another in committing a crime is guilty of Criminal Attempt if the conduct would establish that person as an accomplice were the crime committed by the other person, even if the other is not guilty of committing or attempting the crime.]

    • State v. Stensaker, 2007 ND 6, 725 NW2d 883
  • Notes: Use bracketed paragraph if an accomplice is involved, whether or not the accomplice is prosecuted.