Legal Question in Criminal Law in Nebraska
Incohate Offense
Is it legal to attach the incohate offense of attempt, which by law requires intent, to and underlying felony which by law has no specific intent?
Asked on 7/29/03, 8:59 pm
1 Answer from Attorneys
William Jones
William P. Jones, Attorney-at-Law
Re: Incohate Offense
It is possible to intend to commit a crime which does not have an intent requirement. It is also possible to take substantial steps towards the commission of that crime with the intent to commit the crime. If intent to commit the crime is present, then intent to commit the attempt is present. If there is no intent to commit the crime or intent to do anything which constitutes a substantial step towards the commision of the crime is present, then a charge of attempt is possible.
Answered on 7/30/03, 2:17 pm
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