Editing Attempt (section)

=== United States ===
Generally, the rule in the United States for the ''mens rea'' of an attempt offense is divided into two parts: (1) the actor must intend to commit the act that constitutes the ''actus reus'' of an attempt; and (2) the actor must perform that act with the specific intention of committing the target crime.<ref name=":0" />

In many states in the United States, it is impossible, as a matter of law, to attempt to commit a crime whose underlying ''mens rea'' is only recklessness.<ref name=":0" /> For example, in ''[[State v. Lyerla]]'', the defendant Lyerla randomly shot into a truck 3 times after being goaded by the driver of the truck.<ref name="Materials 2012">Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, {{ISBN|978-1-4548-0698-1}}</ref> One shot killed the driver and the others did not hit the driver or either of 2 passengers.<ref name="Materials 2012" /> The [[South Dakota Supreme Court]] found that although Lyerla was guilty of reckless [[murder#Degrees of murder|second degree murder]] of the driver, he could not be guilty of recklessly attempting to murder the passengers, because attempt requires a higher level of intent than recklessness. Further, the overwhelming rule in the United States is that no one can be convicted of attempted [[involuntary manslaughter]] because that offense is based on the ''mens rea'' of [[criminal negligence]] or recklessness.<ref name=":0" />

====Model Penal Code====
[[Model Penal Code]] Section 5.01 defines criminal attempt to commit a crime as occurring when a defendant acts with the culpability required to commit that crime, and either 
:(1) purposely engages in conduct that would be a commission of the crime if the attendant circumstances were as defendant believed them to be, or 
:(2) purposely acts (or omits to act) with purpose of causing (or belief that the act will cause) a result that is an element of the crime and that no further act by defendant is needed, or 
:(3) purposely acts (or omits to act) when that act (or omission) constitutes a substantial step in a planned course of conduct that ends in her commission of the crime, if attendant circumstances were as she believed them to be.

The "purpose" (as in situation 1) or "belief" (as in situation 2) required for an attempt do not necessarily encompass the attendant circumstances of the crime. Instead, the defendant must possess as to the attendant circumstances the degree of culpability required to commit the target offense, as specified in the elements of that offense.

=====Grading=====
Model Penal Code §5.05 on [[Grade (crime)|grading]] criminal attempt says, "Except as otherwise provided, attempt... [is a crime] of the same grade and degree as the most serious offense that is attempted... An attempt... to commit a [capital crime or a] [[felony of the first degree]] is a [[felony of the second degree]].