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Criminal Jury Instructions

Criminal Jury Instructions Home

3.2-1 Attempt -- 53a-49 (a) (1)

Revised to November 17, 2015

The defendant is charged [in count ___] with attempt to commit <insert substantive offense>. The statute defining attempt reads in pertinent part as follows:

a person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for the commission of the crime, (he/she) intentionally engages in conduct which would constitute the crime if attendant circumstances were as (he/she) believes them to be. 

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt: 

Element 1 - Intent
The first element is that the defendant had the kind of mental state required for commission of the crime of <insert substantive offense>. The intent for that crime is the intent to <insert intent required for substantive offense>.

Element 2 - Conduct
The second element is that the defendant intentionally engaged in conduct that would constitute the crime of <insert substantive offensive> if attendant circumstances were as (he/she) believed them to be.  "Attendant circumstances" is generally understood to mean the facts surrounding an event.

Conclusion

If, upon all the evidence, you conclude beyond a reasonable doubt that the defendant had formed in (his/her) mind the intention to commit <insert substantive crime> as it has been defined for you, you must next consider whether (he/she) intentionally did anything that would constitute the crime if the circumstances were as (he/she) believed them to be. In other words, the state must prove both intent and conduct beyond a reasonable doubt to obtain a conviction.


 

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