Which statement correctly describes the difference between the MPC approach to attempt and the minority (common law/NY) approach?

Which statement correctly describes the difference between the MPC approach to attempt and the minority (common law/NY) approach?

• A. MPC requires a substantial step toward the crime; minority requires dangerous proximity to completion
• B. MPC requires mere preparation; minority requires substantial step
• C. Both require the same test
• D. Neither requires any step beyond intent

Answer: (A)

The difference in how attempt is judged hinges on two standards. The Model Penal Code uses a substantial step test: to convict for attempt, the defendant must have taken a substantial step toward completing the crime, something that strongly corroborates criminal purpose beyond mere preparation. The minority approach, including New York, uses a dangerous proximity test: the defendant’s conduct must place them in dangerous proximity to the completion of the crime. So the statement is correct because the MPC requires a substantial step toward the crime, while the minority view requires dangerous proximity to completion. In practical terms, acts that go well beyond planning or preparation may count as a substantial step under the MPC, even if the crime isn’t close to finishing, whereas under the dangerous proximity approach the focus is on how near the defendant is to completing the crime.

The difference in how attempt is judged hinges on two standards. The Model Penal Code uses a substantial step test: to convict for attempt, the defendant must have taken a substantial step toward completing the crime, something that strongly corroborates criminal purpose beyond mere preparation. The minority approach, including New York, uses a dangerous proximity test: the defendant’s conduct must place them in dangerous proximity to the completion of the crime.

So the statement is correct because the MPC requires a substantial step toward the crime, while the minority view requires dangerous proximity to completion. In practical terms, acts that go well beyond planning or preparation may count as a substantial step under the MPC, even if the crime isn’t close to finishing, whereas under the dangerous proximity approach the focus is on how near the defendant is to completing the crime.