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14. The defendant has committed
While browsing in a clothing store, a defendant decided to take a purse without paying for it. She placed the purse under her coat and took a couple of steps toward the exit. She then realized that a sensor tag on the purse would set off an alarm. She placed the purse near the counter from which she had removed it.
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Attempt is an act done with the intent to commit a crime, which constitutes an overt or substantial step towards the commission of that crime, but falls short of completing it. Attempt is a specific intent crime and required the defendant to specifically intend to commit the underlying crime.
A defendant cannot withdraw from a crime after she has already committed it. Further, withdrawal is a defense to criminal liability involving co-conspirators.
D is correct. All of the elements of larceny are present here. The defendant took possession of the purse without the owner's consent. Although she placed the purse under her coat and only took a couple of steps toward the exit, this was enough asportation to meet the «taking and carrying away» element of larceny. Further, we are told the defendant decided to take the purse without paying for it. This evidences the defendant's intent to permanently deprive the owner of it. The defendant, thus, is guilty of larceny. The fact that the defendant changed her mind about stealing the purse once she saw the sensor tag, does not negate the fact that the larceny was already completed.
A is incorrect. All of the elements of larceny are met. Here the defendant took possession of the purse without the owner's consent with the intent to take the purse without paying for it. This defendant does not need to leave the premises to commit larceny. Taking the purse and concealing it with the intent to deprive the owner is sufficient for a finding of larceny.
B is incorrect. Here, the defendant cannot withdraw because she already committed larceny. Even though the defendant quickly changed her mind, she still moved and concealed the property with the intent to permanently deprive the owner of it and thus committed the offense of larceny.
C is incorrect. The defendant did not merely attempt to take the purse; she did take it with the intent to steal it. The doctrine of merger applies when an attempted crime is completed. The attempted larceny merged into the larceny charge when the woman committed the larceny.