Criminal Law: NY 110.05
The New York law section 110.05 holds those accountable who attempt to commit a crime. The punishment of the attempted crime depends on the severity of the crime. There is a need to prosecute attempted crimes to deter criminals from going on to perform the offense. It is treated as one level less than the actual crime had it been carried out to the fullest extent.
A sixteen year old defendant named Tasha went into a drug store with two of her friends to kill time before an after school play practice. She had forgotten about the practice before she left home that morning so she had not brought extra money with her. Her mother did not believe in a teenager possessing a credit or debit card. Therefore Tasha only had enough money on her to cover her food. She thought that she would just look around while her friends shopped in the makeup aisle. They giggled and laughed while they held up different products that they thought were humorous and they made jokes about what each of the girls needed to be beautiful.
This noise attracted the attention of the clerk, who alerted a store manager. The manager agreed that since the girls were unsupervised by adults and his negative experience with teenagers in the past led him to go to an area specifically to watch for shoplifters. He began watching the girls intently at the same time that Tasha noticed a shade of lip gloss that was the exact shade of a sweater that she loved. She mentioned it to her friends and they agreed. Tasha explained that she did not have extra money and the others agreed that they had no money to lend her. One of her friends mentioned that when she found herself in a situation like the one at hand, she slipped it into her bag and she had never been caught. Tasha was uneasy, but she thought that she absolutely had to have the lip gloss. She ever so slightly slipped it into her bag as the manager watched.
The girls realized that it was time for them to hurry back to school and Tasha slipped past the cash register and the cashier. She thought that she was free and clear, but her conscious and her fear gat the better of her. As she started to step out the door, she reached into her bag, retrieved the lip gloss and pitched it on top of a display. The manager caught her at the door and took her to the back room for interrogation. The police was called and Tasha was charged with a crime even though the lip gloss never left the store.
According to the New York version of the proximity test, Tasha was guilty when she went past the cash register with the lip gloss that she had not purchased. At that point she had passed up her chance to make the situation right. She could have put the lip gloss back while she was in the makeup aisle or she could have even placed the item down anywhere before she passed the cash register. However, she is guilty because she did not decide to attempt to steal.
“New York Penal Law Section 110.05 Attempt to Commit a Crime; Punishment.” Legal
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