Legal Definitions - dangerous-proximity test

The dangerous-proximity test is a common-law test used in criminal law to determine if a defendant is dangerously close to completing a crime. This test is often used in cases of attempted crimes.

Factors that are considered in the dangerous-proximity test include:

• The seriousness of the potential crime
• The victim's level of fear or apprehension
• The likelihood of the crime actually occurring

For example, if someone is caught with a loaded gun outside a bank, they may be charged with attempted robbery based on the dangerous-proximity test. Even though they did not actually enter the bank or take any money, their possession of a weapon and proximity to the bank suggests that they were dangerously close to committing the crime.

It's important to note that attempt is an inchoate offense, meaning it is distinct from the attempted crime itself. Attempt includes any act that is a substantial step toward committing a crime, even if the crime is not completed. For example, if someone buys matches with the intent to burn down a haystack, that alone is not attempted arson. However, if they go to the haystack and light a match, that would be considered a substantial step toward committing the crime and could be charged as attempted arson.