Also known as: attendant circumstance
Written by attorneys · grounded in primary & secondary sources — see below
A category of material elements in a criminal offense definition consisting of facts or conditions that must exist alongside conduct or results for liability to attach. These elements are distinct from the prohibited act and any required consequence. Culpability standards such as purpose or knowledge apply separately to them under provisions that define mental states with respect to attendant circumstances.
Atlas Ventures employee Anita Ali submits a forged claim using what she believes is an active client policy number. The number actually belongs to a canceled contract. Under the governing rule for purposeful conduct regarding attendant circumstances, her awareness or belief that the policy remained active satisfies the mental state for attempt liability.
Adjuster Arthur Abrams forges and submits a medical bill using a policy number he believes belongs to an active contract held by Claudia. The policy had been canceled months earlier. The unknown cancellation is treated as a factual condition about an attendant circumstance, so it supplies no defense to common-law attempt.
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Dispatcher Audrey Ashton reviews a map showing a red truck-restricted symbol and its legend listing low-clearance bridges. She directs driver Adrian Aguilar onto the route anyway. Her actual awareness that the attendant circumstance of a height restriction exists meets the knowing mental state for the offense.
Stagehand Aaron Adams cuts what he believes is the sole support cable for a spotlight above performer Alfred Ashford. Redundant safety lines actually prevent any fall. Because Adams purposely engages in conduct that would constitute battery if the attendant circumstances were as he believes them to be, attempt liability attaches.
Anita Ali aims and pulls the trigger of a gun she believes is loaded at a target she intends to shoot. The gun is unloaded. The unknown status of the firearm is an attendant circumstance that does not prevent attempt liability when the facts are assessed as she believed them to be.
Aaron Adams makes statements to officers after being placed in custody but before receiving warnings. He believes the attendant circumstance of custodial interrogation requiring warnings is present. The actual legal status of the interrogation setting does not alter the analysis of whether the circumstance element is satisfied under the applicable standard.
Attendant circumstances are facts or conditions that must accompany the conduct or result for the offense to be complete. They are treated as a separate category of material elements to which distinct culpability standards apply.
No. A mistake about an attendant circumstance is treated as factual impossibility. When the facts had been as the defendant believed them to be, the conduct would have constituted the completed crime, so no defense arises.
The actor must be aware of the existence of the circumstance or believe or hope that it exists. This standard is applied separately from the mental state required for conduct or results.
The actor must be aware that the circumstance exists. Actual awareness is required. It is not enough that a reasonable person would have known or that the circumstance was probable.
…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…