In a significant development, the California Department of Justice (DOJ) is revising its policy on the classification of attempted crimes. This change comes in response to legal challenges and aims to correct the previous approach that treated attempted crimes the same as completed offenses for tier designation purposes in the sex offender registry.

Background on Attempted Crimes

Attempted crimes occur when an individual has the intent to commit a criminal act, takes substantial steps towards its completion, but ultimately fails to carry it out. These crimes require specific intent and a real effort to execute the criminal act, distinguishing them from mere preparation. Despite the intent and steps taken, external or internal factors often prevent the completion of the crime.

Key Points on Attempted Crimes

  1. Specific Intent: Individuals must have a clear intention to commit the crime, such as planning a bank robbery.
  2. Substantial Step: Actions must go beyond preparation, indicating a real effort, like purchasing burglary tools.
  3. Failure to Complete: Factors such as law enforcement intervention or a change of heart prevent the crime’s completion.
  4. Punishment: Attempted crimes are generally punished less severely than completed crimes, with penalties varying by offense and jurisdiction.

California’s Penal Code Section 664

In California, Penal Code section 664 designates the punishment for attempted crimes as “one half of the jail term and/or fine that would have been given if the crime was completed.” This applies to both attempted misdemeanors and felonies, underscoring the state’s recognition of the difference in severity between attempted and completed crimes.

Recent Legal Developments

The crux of the recent legal developments lies in the tiered registry law, which previously treated attempted offenses the same as completed offenses. This resulted in attempted crimes being incorrectly assigned to higher tiers, such as Tier 3, which is designated for the most severe offenses. The new policy aims to rectify this by recognizing the differences in severity and risk between attempted and completed crimes.

Implications of the Policy Change

The DOJ’s amendment will reclassify attempted crimes, ensuring they are appropriately placed in Tier 1 or Tier 2, rather than automatically being assigned to Tier 3. This change acknowledges the fractured logic of treating attempted crimes with the same severity as completed ones. Most attempted offenses, unless listed as serious felonies, will likely fall into Tier 1 by default.

Conclusion

The California DOJ’s revised policy marks a significant shift in the state’s approach to classifying attempted crimes. By correcting the previous oversight and ensuring a fairer tier designation process, the DOJ is addressing a crucial aspect of the legal system. This change not only impacts those directly affected by the tiered registry but also sets a precedent for how attempted crimes should be treated in relation to completed offenses. As the DOJ moves forward with these amendments, individuals affected by this policy can expect a more accurate reflection of their offenses in the registry.