Which is the primary element of a criminal attempt?

The primary element of a criminal attempt is the specific intent to commit a crime, coupled with the taking of a substantial step toward its commission. This means that for a person to be charged with a criminal attempt, it is necessary to establish that they not only formulated the intention to commit a crime but also engaged in actions that clearly indicate they were moving forward with that intent.

Specific intent signifies that the individual aimed to carry out the criminal offense, and the substantial step refers to actions that go beyond mere preparation; these actions must demonstrate a direct effort to implement the criminal plan. This principle is foundational in criminal law because it distinguishes between someone who is merely thinking about a crime and someone who has begun taking tangible actions to make that crime a reality.

Hence, while agreements and preparations for a crime can be related concepts, they do not fulfill the requirements necessary for a criminal attempt charge without the specific intent and significant actions pointing toward the completion of the crime itself.