Legal Definitions - attempt to attempt

The legal term attempt to attempt refers to a situation where an individual takes significant steps towards committing a crime that is, by its very definition, already an attempt or an incomplete offense.

Generally, legal systems are reluctant to prosecute someone for an "attempt to attempt" because it involves trying to commit a crime that is itself incomplete. However, some jurisdictions do recognize this offense, particularly when the underlying "attempted crime" is defined as a complete, independent crime in its own right, rather than just a preliminary step towards another crime. In such cases, a person can be held responsible for actions that go beyond simple preparation but do not quite fulfill all the requirements of the intended "attempted crime."

Here are some examples to illustrate this complex concept:

• Attempted Witness Tampering:

  Imagine a jurisdiction where the crime of "witness tampering" is defined as "knowingly attempting to influence a witness's testimony or availability." A person, intending to prevent a key witness from testifying, drafts a threatening letter detailing severe consequences if the witness appears in court. They place the letter in an envelope, address it, and affix postage. However, before they can drop it into a mailbox, they have a change of heart and tear up the letter, or law enforcement, acting on a tip, intercepts them.

  How it illustrates the term: The individual intended to commit "witness tampering." Since "witness tampering" is statutorily defined as *attempting* to influence, their actions (drafting, addressing, stamping the letter) are substantial steps towards *attempting* to influence a witness. This conduct, falling short of actually sending the letter or influencing the witness, constitutes an "attempt to attempt" to influence a witness.

• Attempted Incitement to Riot:

  Consider a legal system where "incitement to riot" is defined as "knowingly engaging in conduct that attempts to provoke a riot." An individual creates a series of inflammatory social media posts and physical flyers, urging a large group to gather at a specific location with the explicit goal of causing public disturbance and property damage. They manage to distribute some flyers and post some messages online. However, before the planned gathering time, the social media posts are removed by the platform, and police intercept the remaining flyers, preventing widespread dissemination and ensuring the planned riot never materializes.

  How it illustrates the term: The person intended to commit "incitement to riot." Because "incitement to riot" is defined as *attempting* to provoke a riot, their actions (creating and partially distributing the provocative materials) are substantial steps towards *attempting* to provoke. This conduct, which went beyond mere preparation but did not fully achieve the incitement or the riot, fits the definition of an "attempt to attempt" to provoke a riot.

• Attempted Criminal Solicitation:

  In a jurisdiction where "criminal solicitation" is defined as "commanding, encouraging, or requesting another person to engage in specific criminal conduct," a person approaches a known drug dealer and begins to offer a large sum of money to transport a significant quantity of illegal narcotics across state lines. They lay out the payment terms and the proposed route. However, before the drug dealer can respond or agree to the proposition, an undercover police officer, who was observing the interaction, intervenes and arrests the solicitor.

  How it illustrates the term: The individual intended to commit "criminal solicitation" by requesting the drug dealer to transport narcotics. Their actions (approaching the dealer, outlining terms, discussing the route) are substantial steps towards completing the solicitation. If solicitation is considered an "attempt" to get someone else to commit a crime, then this conduct, which falls short of a completed request (as the dealer didn't have a chance to respond or agree), is an "attempt to solicit," thereby fitting the definition of an "attempt to attempt."