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Cal. Penal Code § 21a (2026)

✓ current as of May 2026
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An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission.

Notes of Decisions
Cited in 51 cases (8 in the last 5 years), 1988–2026 · leading case: People v. Superior Court, 157 P.3d 1017 (Cal. 2007).
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People v. Superior Court, 157 P.3d 1017 (Cal. 2007). · cites it 8× “(Pen.Code, § 21a; People v. Lee (2003) 31 Cal.”
People v. Zambrano, 163 P.3d 4 (Cal. 2007). · cites it 2× “An information charged defendant with three 1988 crimes, the attempted murders of Robert and Barbara Mishell (Pen.Code, §§ 21a, 187), [1] and the first degree murder of Luis Reyna (§§ 187, 189).”
People v. Chance, 189 P.3d 971 (Cal. 2008). · cites it 2× “(Pen. Code, §§ 21a, 664, subd. (e), 187, 189.”
United States v. Saavedra-Velazquez, 578 F.3d 1103 (9th Cir. 2009). · cites it 2× “" Cal.Penal Code § 21a. Case law *1108 has expanded upon this statutory definition.”
People v. Nelson, 246 P.3d 301 (Cal. 2011). “(Pen. Code, § 21a; People v. Lee (2003) 31 Cal.”
People v. Bright, 909 P.2d 1354 (Cal. 1996). · cites it 2× “III To determine whether attempted premeditated murder is a crime, I begin by examining the two statutes governing attempts to commit a crime, Penal Code sections 21a and 664. [2] Section 21a provides: "An attempt to commit a crime consists of two elements: a specific intent to…”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “" ( Pen. Code, § 21a.) If that means the defendant's purpose must encompass each of the circumstances that make an act criminal, including the existence of victim's lack of consent, then an attempt will often require a higher mens rea as to those circumstances than the completed…”
Hudson v. Superior Court of Orange Cnty., 7 Cal. App. 5th 1165 (Cal. Ct. App. 2017). · cites it 2× “Thus, our Penal Code requires for a criminal attempt “a direct but ineffectual act” (Pen. Code, § 21a), and our Supreme Court has explained that an attempt involves “an act that ‘goes beyond mere preparation and shows that the perpetrator is putting his or her plan into action.”
People v. Miles, 183 P.3d 1236 (Cal. 2008). “(Pen. Code, §§ 21a, 459, 664.) Penal Code section 1192.”
People v. Gutierrez, 5 Cal. Rptr. 3d 256 (Cal. Ct. App. 2003). “” In relying on these cases as authority for an attempted voluntary manslaughter instruction based on conscious disregard, defendant misses a fundamental point.”
People v. Sylvester C., 2006 Cal. Daily Op. Serv. 2068 (Cal. Ct. App. 2006). “(U. S. v. Baker (C.D.Cal. 1955) 129 F.Supp.”
People v. Luna, 170 Cal. App. 4th 535 (Cal. Ct. App. 2009). · cites it 2× “” (Pen. Code, § 21a; see People v. Toledo (2001) 26 Cal.”
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