In the context of an attempt, the 'Dangerous Proximity' standard requires the defendant to be in what relation to completing the crime?

• A. The defendant had merely planned to commit the crime
• B. The defendant completed the crime
• C. The arrestee lacks intent
• D. The defendant was in dangerous proximity to committing the crime

Answer: (D)

Dangerous proximity focuses on how close the defendant is to finishing the crime. Under this standard, a defendant can be guilty of an attempt if their actions put them in such near proximity to completing the offense that, without interruption, the crime would have been completed imminently. It’s not enough to have merely planned the crime or to have failed to complete it; and it isn’t about lack of intent. The key idea is that the defendant has progressed to a point where completion is highly likely if not stopped.

That’s why being in dangerous proximity to committing the crime is the best answer.