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 -
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.
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.