[6] On the other hand, committing an offense under the US Racketeer Influenced and Corrupt Organizations Act merely requires "knowing",[7] that is, recklessness.
[10] It may be proven by the doctrine of "dangerous proximity", while the Model Penal Code requires a "substantial step in a course of conduct".
Although the "moral guilt" for the attempt and the actual crime were the same, there was a distinction between the harm caused by a theft and the harmlessness of an impossible act.
A defendant may plead and prove, as an affirmative defense, that they: There is some scholarly treatment of burglaries in American law as inchoate crimes, but this is in dispute.
"[20] Other scholars warn about the consequences of such a theory: Burglary, as a preliminary step to another crime, can be seen as an inchoate, or incomplete, offense.
Gloves that a defendant was trying to shake off as he ran from the site of a burglary were identified as burglar's tools in Green v. State (Fla. App.