Eric is hiking in a jurisdiction that criminalizes reckless burning. Eric pauses in front of a sign that states “Fire Danger Today: High.” Eric reads the sign, pulls out a cigarette, lights it, and throws the lit match into some dry brush near the sign. He starts hiking and when he finishes his cigarette, he tosses the lit cigarette butt into some arid grass. Neither the brush nor the grass burns. Eric probably does nothave the requisite criminal intent for attempted reckless burning. Attempt requires purposeful conduct. Eric’s conduct is reckless because he is aware of a risk and disregards it. If Eric takes the match or lit cigarette and tries to ignite a fire with them, it is likely that h e has the appropriate criminal intent for attempted arson. However, in this case Eric’s actions demonstrate careless behavior that probably is not sufficient for the crime of attempt.
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