Also known as: enclosed lands · enclosure
Written by attorneys · grounded in primary & secondary sources — see below
An enclosure into which unlawful entry is listed by the Model Penal Code as one example of a substantial step toward commission of a contemplated crime.
Luis copied a master key and used it at night to unlock the fence around Seaway Shipping's secured cargo-container yard. He entered intending to break into a refrigerated container and steal luxury seafood. Port police arrested him inside the yard before he reached any container. His targeted entry into the fenced enclosure where he planned the theft satisfies the substantial-step requirement for attempted theft.
Marisol waited until Donovan left for dinner, then used a master key to unlock his hotel suite after her shift ended. She entered intending to search the in-room safe for cash and jewelry. Hotel security caught her inside the suite before she reached the safe. The unauthorized entry into the locked enclosure where she planned the theft qualifies as a substantial step supporting attempted theft.
Select any source to read its text and confirm it supports the definition.
Lena used a stolen keycard late at night to enter the locked medication storage room at Valley Hospital. She intended to tamper with the administrator's personal medications stored there. She heard footsteps, panicked, and left before touching any drugs. Security footage led to her arrest. The unlawful entry into the secure enclosure where she planned the tampering meets the substantial-step test for attempt.
Eric climbed the fence surrounding Edgar's enclosed pasture at night to retrieve a tool he claimed was his. He knew the fence was installed to keep livestock and visitors out. Edgar had posted clear no-trespassing signs. The deliberate breach of the enclosure designed to exclude intruders supports a finding of criminal trespass.
Ella scaled the gate of Enigma Technologies' fenced research compound after hours. She carried tools to access servers inside a secured building. Guards detained her before she reached the building. The entry into the enclosed land where she planned the data theft constitutes a substantial step toward the contemplated crime.
Emanuel cut the lock on the gate enclosing Eastern Electric's loading dock. He entered planning to load company equipment into a waiting van. A security camera recorded him inside the fenced area. The unlawful entry into the secured enclosure where he intended to commit theft qualifies as a substantial step for attempt liability.
Yes. Under the Model Penal Code approach, unlawful entry into a structure, vehicle, or enclosure where the crime is contemplated qualifies as a substantial step when it strongly corroborates the actor's criminal purpose. The entry need not reach the precise object of the theft.
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Yes. When an actor uses an unauthorized master key to enter a locked suite intending to steal from the safe, the entry itself is the substantial step. It is not mere preparation because it places the actor inside the precise enclosure where the crime is planned.
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No. Once the defendant has unlawfully entered the enclosed area where the crime is to occur, the substantial step is complete. Abandonment after that point does not erase attempt liability unless the jurisdiction recognizes a complete and voluntary renunciation defense.
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…the infliction of pain or suffering "in the interest of medical science," § 828.02; the placing of poison in one's yard or enclosure, § 828.08; and the use of a live animal "to pursue or take wildlife or to participate in any hunting," § 828.122(6)(b), and "to hunt wild hogs," § 828.122(6)(e). The city concedes that…