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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
The Committee had little difficulty drafting a definition of specific intent to commit murder. It encountered more problems putting into jury-friendly and accurate words what is required to prove specific intent to commit a crime such as burglary of a building that itself imposes strict liability regarding some of its elements. Specifically, burglary of a building requires no awareness (1) that the place entered was a building, (2) that the building was not at the time open to the public, or (3) that the owner did not effectively consent to the entry.
The Committee was confident that specific intent to commit burglary of a building as required for attempted burglary of a building requires no more than intent (a conscious objective or desire) to enter a building and to commit a felony, theft, or assault. It was also confident that attempted burglary of a building requires proof that if the defendant were able to carry out his intent to enter, at that time both the building would not be open to the public and the owner would not have effectively consented. But the state need not prove the defendant intended these circumstances to exist or was aware that they would or might exist.
The Committee decided the least confusing way to put this was to add to the definition of the required specific intent a statement that the state must prove essentially that if the intent was carried out, the circumstances would exist. For burglary of a building, then, “specific intent to commit burglary of a building” is defined as follows:
In addition, it is necessary that—
A proposal was made to add the further explanation:
The Committee concluded, however, that this would be more confusing than helpful. Thus, it did not add the further explanation.