What are the elements of an attempted rape?
California, United States of America
The following excerpt is from People v. Jasso, E059476 (Cal. App. 2015):
Attempted rape has two elements: the specific intent to commit rape and a direct but ineffectual act done toward its commission. (People v. Lee (2011) 51 Cal.4th 620, 633.) "'The act must be a direct movement beyond preparation that would have accomplished the crime of rape if not frustrated by extraneous circumstances.' [Citation.]" (Ibid.)
"The most advanced legal research software ever built."
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.
Other Questions
Can a murder committed during an attempted rape form the basis for both a felony and a rape-murder special circumstance? (California, United States of America)
Is the unclothed body of a murder victim insufficient to prove that a rape or attempted rape occurred? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Is a murder committed in the course of a rape or attempted rape considered a felony murder? (California, United States of America)
Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
What is the test for determining whether a murder committed in the perpetration or attempt to perpetrate rape is a murder of the first degree? (California, United States of America)
Does the Attorney General have any grounds to argue that the jury was confused by the fact that rape felony murder requires a specific intent to rape? (California, United States of America)
How have the jury been instructed to consider the elements of rape and forcible oral copulation separately? (California, United States of America)
Does the law of criminal attempt apply to the crime of attempted criminal threat? (California, United States of America)
