Legal Definitions - substantial-step test

The substantial-step test is a legal standard used in criminal law to determine if someone has committed an attempted crime. It helps courts decide whether a person's actions have gone beyond mere planning or preparation and have moved significantly toward completing a criminal act, even if the crime itself wasn't finished.

This test, often referenced in the Model Penal Code (a set of suggested criminal laws), looks at three main factors:

• The extent of the defendant's actions and preparations for the crime.
• The clear criminal intent demonstrated by those actions.
• Any statements made by the defendant that shed light on their intentions or actions.

Essentially, the "step" taken must be substantial enough to strongly indicate a commitment to the crime, rather than just a fleeting thought or minor preparatory act that could be innocent.

• Example 1: Attempted Burglary

  Imagine a person who intends to steal valuable artwork from a gallery. They spend weeks researching the gallery's layout and security system, purchase specialized tools for bypassing locks, and even create a detailed floor plan. On the night of the planned theft, they drive to the gallery, park in a secluded spot, put on dark clothing and gloves, and approach a rear window with their tools. Before they can pry open the window, a passing police patrol spots them and makes an arrest. Under the substantial-step test, their actions of driving to the gallery, donning specific attire, and approaching the window with tools would likely be considered substantial steps toward committing burglary, demonstrating clear intent beyond mere preparation.

• Example 2: Attempted Arson

  Consider an individual who is angry at a former business partner and decides to burn down their office building. They purchase several gallons of gasoline and a box of matches. They then drive to the office building late at night, carry the gasoline cans inside, and begin pouring the fuel in various locations. As they reach for the matches to ignite the accelerant, a security guard discovers them. The act of bringing the gasoline into the building and actively pouring it out would be seen as a substantial step, clearly demonstrating their intent to commit arson, even though the fire was never actually started.

• Example 3: Attempted Kidnapping

  Suppose a person plans to kidnap a wealthy executive for ransom. They rent a secluded cabin, purchase rope, duct tape, and a tranquilizer gun, and then follow the executive for several days to learn their routine. One evening, as the executive leaves their office, the person approaches them from behind, brandishing the tranquilizer gun and attempting to force them into a waiting van. Before they can succeed, the executive struggles free and alerts nearby bystanders. The actions of acquiring specific tools for restraint and incapacitation, lying in wait, and then physically attempting to seize the victim would constitute substantial steps toward kidnapping, showing a clear intent to carry out the crime.