What is identified as a 'substantial step' when committing an offense?

The concept of a 'substantial step' in criminal law refers to actions taken by an individual that go beyond mere preparation and demonstrate a clear intent to commit a crime. In Missouri law, for instance, a substantial step must be a definitive move toward the commission of the intended crime that indicates the individual is serious about following through.

The inclusion of both lying in wait for someone and possessing materials intended for crime as substantial steps is essential. Lying in wait for someone shows a strategic and purposeful intent to harm or commit an offense against that person. This act indicates preparation and determination, demonstrating that the individual is not just thinking about the crime but is actively poised to execute it.

Similarly, possessing materials intended for committing a crime implies that the individual has taken concrete actions to gather tools or means to carry out their criminal intent. This possession implies a serious likelihood of an attempt to commit the crime.

Therefore, both actions serve as clear indicators of intent and preparedness beyond mere thoughts or plans, aligning with the legal definitions of what constitutes a substantial step toward committing a crime. This understanding allows practitioners to assess the individual's intentions and readiness for criminal action effectively.