In a charge of criminal attempt, which element distinguishes an attempt from mere preparation?

• A. Mere preparation
• B. Overt act beyond mere preparation
• C. Suggestion
• D. Knowledge of victim's consent

Answer: (B)

The key idea is that a criminal attempt hinges on an overt act that goes beyond mere preparation. In New Jersey, punishment for attempt comes when the actor takes a substantial step toward the target crime, showing real movement toward completing it rather than just planning or arranging things. For instance, having a plan and gathering tools isn’t enough; once a person takes a concrete step toward committing the crime—like actually attempting to enter a premises to commit burglary or taking steps to carry out the robbery—the act crosses into an attempt. The other options don’t fit because mere preparation isn’t enough, suggestion isn’t an element of attempt, and knowledge of the victim’s consent isn’t what makes an act punishable as an attempt.