California, United States of America
The following excerpt is from People v. Elkins, D075724 (Cal. App. 2021):
To constitute an attempt, the prosecution must establish two elements: "a specific intent to commit the crime, and a direct but ineffectual act done toward its commission." ( 21a.) "When a defendant acts with the requisite specific intent, that is, with the intent to engage in the conduct and/or bring about the consequences proscribed by the attempted crime [citation], and performs an act that 'go[es] beyond mere preparation . . . and . . . show[s] that the perpetrator is putting his or her plan into action' [citation], the defendant may be convicted of criminal attempt." (People v. Toledo (2001) 26 Cal.4th 221, 230.)
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