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The proximity test measures the defendant’s progress by examining how close the defendant is to completing the offense. The distance measured is the distance between preparation for the offense and successful termination. It is the amount left to be done, not what has alreadybeendone, that is analyzed. 1 In some jurisdictions, if the defendant’s criminal intent is clear, the defendant does not need to come as close to completion of the offense. 2 Generally, the defendant does not have to reach the last step before completion, 3 although many defendants do.
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