What is the test for whether acts done in contemplation of a crime are preparatory or merely preparatory?

California, United States of America


The following excerpt is from People v. C.D. (In re C.D.), A134857 (Cal. App. 2013):

"Whether acts done in contemplation of the commission of a crime are merely preparatory or whether they are instead sufficiently close to the consummation of the crime is a question of degree and depends on the facts and circumstances of a particular case." (People v. Superior Court (Decker) (2007) 41 Cal.4th 1, 14.) "Although a definitive test has proved elusive, we have long recognized that '[w]henever the design of a person to commit crime is clearly shown, slight acts in furtherance of the design will

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