Legal Definitions - dangerous-proximity test

The dangerous-proximity test is a legal standard used in criminal law to determine if an individual has committed the crime of attempt. This test focuses on whether the person's actions have brought them dangerously close to completing the intended crime. It helps courts decide if someone's actions have gone beyond mere preparation and are significant enough to be considered an actual attempt to commit a crime, even if the crime itself was not successfully carried out.

When applying this test, courts consider several factors, including:

• The seriousness of the crime that was attempted.
• The level of fear or alarm experienced by any potential victim due to the defendant's actions.
• How close the defendant was to actually completing the crime, and whether there were still significant steps remaining or if completion was imminent.

Here are some examples to illustrate the dangerous-proximity test:

• Example 1: Attempted Robbery

  A person enters a convenience store, pulls out a realistic-looking toy gun, and points it at the cashier, demanding money. Before the cashier can react, a security guard, who had been observing, tackles the person to the ground. In this scenario, the individual's actions—entering the store, displaying a weapon, and making a demand—brought them dangerously close to completing the robbery. The cashier was likely in immediate fear, and only the security guard's intervention prevented the crime from being carried out. A court applying the dangerous-proximity test would likely find that an attempted robbery occurred because the defendant had taken substantial steps that put them in immediate proximity to completing the crime.

• Example 2: Attempted Arson

  An individual, intending to commit arson, pours gasoline around the foundation of an old, abandoned building. They then pull out a lighter, ignite it, but are tackled by a police officer just as they are about to drop the lit match onto the gasoline. Here, the individual had completed all preparatory steps (acquiring and distributing the accelerant). The act of igniting the lighter and being moments away from dropping it onto the gasoline demonstrates dangerous proximity to setting the building on fire. The only remaining step was the final release of the flame, making the completion of the arson imminent if not for the police intervention.

• Example 3: Attempted Assault

  During an argument, a person becomes enraged, grabs a heavy glass bottle, and raises it high above another person's head, clearly intending to strike them. A bystander quickly intervenes, grabbing the assailant's arm and preventing the bottle from coming down. In this situation, the act of raising the bottle with the clear intent to strike, and being moments away from impact, demonstrates dangerous proximity to committing an assault. The potential victim was in immediate danger of physical harm, and only the bystander's quick action prevented the completion of the assault.