Also known as: attendant circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A material element of an offense that is neither conduct nor a result of conduct. It is a background fact or condition that must exist in conjunction with the prohibited conduct or result for the crime to occur.
Lena directed drivers to dump loads after an explicit warning that hazardous materials might be included. She privately hoped the waste contained the prohibited substances because it would cut costs. The statute treats the presence of hazardous waste as an attendant circumstance. Lena's hope satisfies the purposeful mental state required for that element.
Lance submitted a forged claim using what he believed was Claudia's active policy number. The policy had actually been canceled months earlier. At common law the unknown cancellation is treated as a factual condition about an attendant circumstance. The mistake supplies no defense to the attempt charge.
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Diaz received a memo stating that converted rooms lacked required fire exits. He suspected noncompliance and hoped inspectors would overlook it. The statute requires knowledge as to the attendant circumstance of code compliance. Diaz's awareness meets that standard.
Lance filed the forged bill believing the policy number authorized payment. The number actually belonged to a canceled contract. Under the attempt provision the conduct would constitute the crime if the attendant circumstance of an active policy had existed as believed. The belief supports attempt liability.
A buyer acquired a refrigerator believing it was stolen property. The item was not in fact stolen. The court treated the stolen status as an attendant circumstance. The mistaken belief about that circumstance supported attempt liability under the governing statute.
Officers questioned a suspect without fresh warnings after an earlier interview. The prior warnings were treated as an attendant circumstance bearing on voluntariness. The Court examined whether the circumstance of continuous custody altered the legal effect of the earlier warnings.
Purpose exists when the actor is aware of the circumstance or believes or hopes that it exists. The mental state focuses on the background fact itself rather than on any desire for broader harm.
Supporting sources
No. The common law denies the defense when the defendant could not complete the offense because of an unknown factual condition. If the circumstances had been as the defendant believed, the conduct would have been criminal.
Supporting sources
An attendant circumstance is any material element that is neither conduct nor a result. It is typically expressed by nouns or adjectives that describe a background fact required for the offense to occur.
Supporting sources
…otherwise required for commission of the crime, he: (1) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be; (2) When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such…