D and his girlfriend got into a fight. D spilled gasoline on his girlfriend, and the gasoline ignited when the girlfriend got close to the stove in the kitchen.
D helped put out the flames.
D was charged with attempted murder. Attempted murder occurs when a person with intent to commit the offense of murder does any act which constitutes a substantial step toward the commission of the offense of murder.
The jury was instructed that murder was committed through any of the available mental states, not just intent.
Procedural History:
Trial court found D guilty of attempted murder.
IL Appellate Court reversed, remanded.
Issues:
Are the mental states required by the attempt statute and the underlying offense related?
Holding/Rule:
The mental states required by the attempt statute and the underlying offense are related. If the mens rea required by the attempt statute is intent, then the intent formulation of the underlying offense must be used.
In a prosecution for attempted murder, where alternative mental states will satisfy the target crime of murder, but only one is compatible with the mental state imposed by the attempted statute, the incompatible elements must be omitted for the jury instructions.
Reasoning:
A finding of specific intent to kill is a necessary element of the crime of attempted murder.
In a prosecution for attempted murder, where alternative mental states will satisfy the target crime of murder, but only one is compatible with the mental state imposed by the attempted statute, the incompatible elements must be omitted for the jury instructions.
