California, United States of America
The following excerpt is from People v. Perez, B247105 (Cal. App. 2014):
"Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, . . . is punishable . . . ." ( 664.) "An attempt to commit a crime consists of (1) the specific intent to commit the crime, and (2) a direct but ineffectual act done toward its commission. [Citations.]" (People v. Cole (1985) 165 Cal.App.3d 41, 47-48 (Cole).) Thus, the elements of attempted kidnapping are (1) the specific intent forcibly or by fear to move the victim and (2) a direct but ineffectual act done toward moving the victim by force or fear.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.