HRS §705-500
What counts as trying to commit a crime
This section defines when a person is guilty of attempting a crime. It covers acting in a way that would be the crime if circumstances were as believed, or taking a clear step toward committing it. The step must strongly show criminal intent.
everyone
The statute, as written — Criminal attempt
(1) A person is guilty of an attempt to commit a crime if the person: (a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be; or (b) Intentionally engages in conduct which, under the circumstances as the person believes them to be, constitutes a substantial step in a course of conduct intended to culminate in the person's commission of the crime. (2) When causing a particular result is an element of the crime, a person is guilty of an attempt to commit the crime if, acting with the state of mind required to establish liability with respect to the attendant circumstances specified in the definition of the crime, the person intentionally engages in conduct which is a substantial step in a course of conduct intended or known to cause such a result. (3) Conduct shall not be considered a substantial step under this section unless it is strongly corroborative of the defendant's criminal intent. [L 1972, c 9, pt of §1; gen ch 1993] __________ Introductory Commentary: 1. M.P.C., Tentative Draft No. 10, comments at 24 (1960).
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