test1 017 (Side 17)Attempts. UCMJ Art. 80

“An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.” Article 80(a).

Elements. MCM, pt. IV, 4b.

  1. The accused did a certain overt act;
  2. The act was done with the specific intent to commit a certain offense under the code;
  3. The act amounted to more than mere preparation; and
  4. The act apparently tended to effect the commission of the intended offense.

Military judge must adequately advise and explain each of the four elements of attempt to an accused. United States v. Redlinski, 58 M.J. 117 (C.A.A.F. 2003).