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My AccountChapter 15
- 15.1 General Comments on Criminal Attempt
- 15.2 Formulating the Elements of Attempt
- 15.3 Criteria for Determining Whether Defendant Went Far Enough
- 15.4 Impossibility
- 15.5 Defining Specific Intent to Commit Partially Strict Liability Offenses
- 15.6 Renunciation Defense to Guilt
- 15.7 Punishment Mitigation by Quasi-Renunciation
- 15.8 Instruction—Attempted Murder
- 15.9 Instruction—Attempted Murder—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
- 15.10 Instruction—Attempted Murder—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
- 15.11 Instruction—Attempted Burglary of a Building
- 15.12 Instruction—Attempted Burglary of a Building—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a))
- 15.13 Instruction—Attempted Burglary of a Building—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
- 15.14 Conspiracy Generally
- 15.15 Instruction—Liability for Conspiracy
- 15.16 Instruction—Liability for Conspiracy—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b))
- 15.17 Instruction—Liability for Conspiracy—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
- 15.18 Criminal Solicitation Generally
- 15.19 Instruction—Criminal Solicitation—Solicitation of Another to Personally Commit Offense
- 15.20 Comment on Solicitation of Another to Induce Someone Else to Commit Offense
- 15.21 Instruction—Criminal Solicitation—Solicitation of Another to Induce Third Party to Commit Offense
- 15.22 Instruction—Criminal Solicitation—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b))
- 15.23 Instruction—Criminal Solicitation—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d))
Comment
Drafting jury instructions for criminal attempt as defined by section 15.01 of the Texas Penal Code presents a number of difficulties.
Texas attempt law as set out in Texas Penal Code section 15.01(a) requires “an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.” Thus, the conduct offered to constitute attempt must meet what might be broken down into three separate criteria: (1) it must “amount[] to more than mere preparation” to commit the offense intended; (2) it must “tend[] . . . to effect the commission of the offense intended”; and (3) it must “fail[] to effect the commission of the offense intended.” Tex. Penal Code § 15.01(a).
This chapter contains instructions for two situations. The first is for a prosecution for attempted murder under Tex. Penal Code § 19.02(b)(1). Guidance for drafting instructions on murder may be found in chapter 19. The second—which presented certain additional drafting issues—is for attempted burglary of a building under Tex. Penal Code § 30.02. Guidance for drafting instructions on burglary may be found in chapter 30.