16.5 Attempted Murder
(18 U.S.C. § 1113)
The defendant is charged in [Count ________ of] the indictment with attempted murder in violation of Section 1113 of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
First, the defendant did something that was a substantial step toward killing [name of intended victim];
Second, when the defendant took that substantial step, the defendant intended to kill [name of intended victim]; and
Third, the attempted killing occurred at [specify place of federal jurisdiction].
A “substantial step” is conduct that strongly corroborated the defendant’s intent to commit the crime. To constitute a substantial step, a defendant’s act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances. Mere preparation is not a substantial step toward committing the crime.
Jurors do not need to agree unanimously as to which particular act or actions constituted a substantial step toward the commission of a crime.