Attempt To Commit A Federal Crime: S. 171, A Proposed General Statute (CRS Report for Congress)
| Release Date |
June 16, 1998 |
| Report Number |
98-554 |
| Report Type |
Report |
| Authors |
Paul S. Wallace, Jr., American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
There is no general federal statute proscribing criminal attempts; the federal criminal statutes
are
written in such a manner so as to include only the attempt to commit a specific substantive crime or
substantive offense. Therefore, a specific intent crime would require that the offender specifically
intended to devise a scheme to commit the crime. The government, on the other hand, must present
proof by inferences from the circumstances that the offender possessed the specific intent to commit
the crime. This approach to the law has led to a patchwork of attempt statutes--leaving gaps in
coverage, and failing to satisfactorily define exactly what constitutes an attempt in all circumstances.
As introduced, S. 171 would address these problems in the current law by adding a
general attempt provision to title 18 of the United States Code which would define what constitutes
an attempt in all circumstances. It is also the intent of the legislation to fill in the gaps found in the
current attempt statutes. This report will be updated if legislative activity warrants
