Which crimes are not included in the scope of an attempt?

Which crimes are not included in the scope of an attempt?

• A. Felony murder
• B. Negligence or recklessness offenses
• C. Both A and B
• D. None of the above

Answer: (C)

The concept being tested is when criminal liability for an attempt applies. An attempt punishes conduct that shows a specific intent to commit a crime and a substantial step toward completing that crime. Crimes based on negligence or recklessness don’t involve a purposeful mental state toward a specific result, so there isn’t the necessary intent to constitute an attempt. In the same vein, felony murder crimes punish a death that occurs during the commission of a qualifying felony, regardless of any intent to kill. That liability doesn’t center on a separate intent to commit murder, so attempting felony murder isn’t treated as an attempt in the usual sense. Therefore, both felony murder and negligence or recklessness offenses are not within the scope of an attempt.

The concept being tested is when criminal liability for an attempt applies. An attempt punishes conduct that shows a specific intent to commit a crime and a substantial step toward completing that crime. Crimes based on negligence or recklessness don’t involve a purposeful mental state toward a specific result, so there isn’t the necessary intent to constitute an attempt. In the same vein, felony murder crimes punish a death that occurs during the commission of a qualifying felony, regardless of any intent to kill. That liability doesn’t center on a separate intent to commit murder, so attempting felony murder isn’t treated as an attempt in the usual sense. Therefore, both felony murder and negligence or recklessness offenses are not within the scope of an attempt.