An Act Relative to the Definition of Attempt in Criminal Cases


This legislation brings the Commonwealth in line with the many states that have adopted the Model Penal Code definition of attempt, which emphasizes what the actor has done rather than what remains to be done to commit the crime, and which only imposes liability if the person takes a substantial step towards commission of the crime while acting with the intent required to commit the crime.  See Commonwealth v. Bell, 455 Mass. 408 (2009).