California, United States of America
The following excerpt is from People v. Fontenot, 251 Cal.Rptr.3d 341, 447 P.3d 252, 8 Cal.5th 57 (Cal. 2019):
I do not mean to say that attempts are invariably included in the completed crime, or that the mental state elements for attempts and completed crimes are always identical. Where, for example, the offense is not solely conduct-based, having as an element the creation of a particular result but not the intent to cause that result, the intent for attempt will differ significantly. Murder, for instance, requires an act causing the death of another, but not the intent to kill, as implied malice will suffice. Attempted murder, which does require intent to kill, is therefore not a lesser included offense of murder. (People v. Bland (2002) 28 Cal.4th 313, 327328, 121 Cal.Rptr.2d 546, 48 P.3d 1107 ; People v. Mize (1889) 80 Cal. 41, 4243, 22 P. 80.)
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