17 State v Billups 62 Wash App 102 813 P2d 149 1991 ATTEMPT UNDER THE FEDERAL

17 state v billups 62 wash app 102 813 p2d 149 1991

This preview shows page 10 - 12 out of 26 pages.

17 State v. Billups, 62 Wash. App. 102, 813 P.2d 149 (1991) ATTEMPT UNDER THE FEDERAL CRIMINAL CODE In United States v. Joyce , 693 F.2d 838, 841 (8th Cir. 1982), the Court discussed the crime of attempt: Although there is no comprehensive statutory definition of attempt in federal law, federal courts have rather uni- formly adopted the standard set forth in Section 5.01 of the Model Penal Code that the requisite elements of attempt are: 1. an intent to engage in criminal conduct, and 2. conduct constituting a substantial step towards the commission of the substantive offense which strongly corroborates the actor s criminal intent. In United States v. Vigil , 523 F.3d 1258 (10th Cir. 2008) a state treasurer was convicted of attempted extor- tion under the Hobbs Act, 18 U.S.C. § 1951(a) based on his actions trying to compel a person negotiating a state securities contract to hire a friend s wife for unreasonable compensation. The treasurer contended he took no action other than the usual political patronage customs, but the court disagreed, finding the trea- surer persisted in the hiring demand after the contractor refused to do so. attempt crimes Acts that are a substantial step toward the com- mission of a crime that is not yet completed. Chapter 4: Criminal Liability 89