Problem of attendant circumstances (common law)
Unclear at common law what mens rea an actor must posses regarding the attendant circumstances of a guilty attempt.
Ex. D engages in conduct that brings him close to his goal, having sex with V, a 15 yr old girl who D believes is 17. Assume that if D has intercourse with V he is guilty of statutory rape bc statutory rape age=16 & the crime is strict liability. If D does not complete the offense, is he guilty of statutory rape? No real answer
Alt approach: Some courts hold the a person may be convicted of criminal attempt if he is at least reckless with regard to an attendant circumstance. Other courts believe that it is sufficient that the D is culpable regarding an attend circumstance as is required for the target crime.
• Ex. Above hypo—some courts will not convict D unless he knew that V was underage or was, at least, reckless sin his belief that she was old enough to consent. Other courts would hold that since stat rape is a strict liability offense, d may also be convicted of attempted statutory rape even without a culpable state of mind as to V's age.