Also known as: dangerous proximity test · proximity test
Written by attorneys · grounded in primary & secondary sources — see below
A common-law test for the crime of attempt that requires the defendant's overt act to come dangerously close to completing the target offense. Mere preparation such as acquiring tools or traveling to the general area falls short. The conduct must reach a point at which the crime would have occurred but for an external interruption.
Dwight Dorsey drove to Daniel Diaz's home after loading a handgun. He walked up behind Daniel, raised the weapon to within inches of his head, and began squeezing the trigger. A passerby grabbed Dorsey's arm before the shot fired.
Denise Donovan sat in her car across from the bank for half an hour while carrying a demand note and disguise. She twice walked past the entrance and paused at the doorway but never entered or presented the note. Officers arrested her before she took any further action.
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The dangerous-proximity test demands that conduct reach a point so near completion that the offense would have occurred but for interruption. The substantial-step test is satisfied by any act that is strongly corroborative of intent even if many steps remain.
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No. Traveling to the general area or parking nearby remains preparatory because substantial steps such as entering the premises and executing the final act are still undone.
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Positioning satisfies the test when the defendant has raised a loaded gun to the victim's head or placed a needle within an inch of the victim's skin because only one final motion remains before completion.
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Yes. The conduct has advanced past preparation and reached the brink of execution because only the single keystroke remains between the defendant and immediate destruction of the data.
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