Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 5. Specific Offenses · Crimes and Criminal Procedure

11 Del. C. § 531

Attempt to commit a crime

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A person is guilty of an attempt to commit a crime if the person:

(1) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be; or

(2) Intentionally does or omits to do anything which, under the circumstances as the person believes them to be, is a substantial step in a course of conduct planned to culminate in the commission of the crime by the person.

Attempt to commit a crime is an offense of the same grade and degree as the most serious offense which the accused is found guilty of attempting.

11 Del. C. 1953, §  531;  58 Del. Laws, c. 497, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 30 cases (10 in the last 5 years), 1975–2026 · leading case: Flonnory v. State
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Flonnory v. State (2006) del “11 Del. C. § 531(1). 85 . 11 Del. C. § 231(a)(1), See Burrell v.”
Ward v. State (1976) del “DUFFY, Justice: Defendant, Richard Lee Ward, was indicted for attempted murder in the first degree, 11 Del.C. § 531, § 636, and convicted by a Superior Court jury of assault in the first degree, 11 Del.”
Saienni v. State (1975) del “This argument is without merit and is controlled by 11 Del.C. § 531: “A person is guilty of an attempt to commit a crime if he: (1) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or (2)…”
State v. Shahan (1975) delsuperct “The attempt issue arises because the State contends that under 11 Del.C. § 531(1) a person may be guilty of attempt where his conduct is such that it would have constituted a crime if the attendant circumstances had been as defendant believed them to be.”
Colon v. State (2016) del · cites it 2× “Under 11 Del. C. § 531, an attempt to commit a crime is a criminal offense of the same degree as the crime that the defendant was found guilty of attempting.”
State v. Fleetwood (2018) delsuperct · cites it 2× “§ 825; one count of Attempted Theft as a lesser included offense of Felony Attempted Thefc, 11 Del. C. § 531; and one count of Offensive Touching as a lesser included offense of Assault in the Third Degree, 11 Del.”
Benson v. State (2020) del · cites it 2× “”36 Under 11 Del. C. § 531, “[a] person is guilty of an attempt to commit a crime if the person…[i]ntentionally does…anything which, under the circumstances as the person believes them to be, is a substantial step in a course of conduct planned to culminate in the commission of…”
McGriff v. State (2023) del · cites it 2× “11 Del. C. § 531; 11 Del. C. § 773(a)(1).”
Salaberrios v. State (2017) del “”) 2 See 11 Del. C. § 531(2) (“A person is guilty of an attempt to commit a crime if the person .”
Lewis v. State (2018) del “(felony) under 11 Del. C. § 531; two counts of Burglary Second Degree (felony) under 11 Del.”
State v. White (2018) delsuperct “2d at 1280 -81 (citing 11 Del. C. § 531) (emphasis added). 7 was convicted of Attempted Felony Murder under 11 Del.”
State v. Purnell (2019) delsuperct “He then pled guilty to one count of Attempted Murder in the First Degree, 11 Del. C. § 531, and one count of Possession of a Firearm During the Commission of a Felony (“PFDCF”), 11 Del.”
Show all 30 citing cases →
— 11 Del. C. § 531(1) — 3 cases
Flonnory v. State (2006) del “11 Del. C. § 531(1). 85 . 11 Del. C. § 231(a)(1), See Burrell v.”
State v. Shahan (1975) delsuperct “The attempt issue arises because the State contends that under 11 Del.C. § 531(1) a person may be guilty of attempt where his conduct is such that it would have constituted a crime if the attendant circumstances had been as defendant believed them to be.”
Clark v. State (2020) del
— 11 Del. C. § 531(2) — 6 cases
Salaberrios v. State (2017) del “”) 2 See 11 Del. C. § 531(2) (“A person is guilty of an attempt to commit a crime if the person .”
Prince v. State (2019) del
State v. Kent (2019) delsuperct
Ward X v. State (2021) del
Weber v. May (2022) ded
— 11 Del. C. § 531(b) — 1 case
Benson v. State (2020) del “”36 Under 11 Del. C. § 531, “[a] person is guilty of an attempt to commit a crime if the person…[i]ntentionally does…anything which, under the circumstances as the person believes them to be, is a substantial step in a course of conduct planned to culminate in the commission of…”
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