A person is guilty of an attempt to commit a crime when, with intent to engage in conduct which would constitute such crime were the circumstances as he believes them to be, he performs or omits to perform an act which constitutes a substantial step toward commission of the crime. SOURCE: M.P.C. §5.10(1); *Cal. § 800 (T.D. 2, 1968); Cal. 700 (1971); Mass. ch. 263, § 45(a); N.J. § 2C:5-18; § 2C:5-5; compare § 5.01(2). CROSS-REFERENCES: cf. Guam Penal Code 216-217, 220-222, 451A, 466, 467; 9 GCA § 7.73. COMMENT: A new Section. Section 13.10 provides for the first time a statutory definition of attempt. This Section does not cover the commission of, or attempt at, violations. The focus of attention here is on the dangerousness of the defendant as person manifesting a disposition to commit a crime, rather than on the dangerousness of the defendant's conduct in itself. Accordingly, the statute by merely requiring Aa substantial step towards commission of@ a crime draws the definition of attempt well back into the area which some courts may characterize as mere preparation. For example, under this Section, the following acts if proven should permit the case to go to the jury: (a) Lying in wait, searching for or following the contemplated victim of the crime; (b) Enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission; (c) Reconnoitering the place where the crime will be committed; (d) Unlawful entry of a structure, vehicle or enclosure in which it is contem- plated that the crime will be committed; (e) Possession of materials to be employed in the commission of the crime, which are especially designed for such unlawful use or which can serve no lawful
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purpose of the defendant under the circumstances compare former §§ 466 and 467 of the Guam Penal Code; (f) Possession, collection or fabrication of materials to be employed in the commission of a crime, at or near the place contemplated for its commission, where such possession, collection or fabrication serves no lawful purpose of the defendant under the circumstances. Section 13.10 is also framed to make clear that the defendant need only act with the intent to be engage in conduct which constitutes a crime rather than a specific intent to commit the crime for which the attempt is charged. For a limited defense of the renunciation of attempt, see 9 GCA § 7.73.