Dangerous Proximity Test

The “Dangerous Proximity” test is a common law legal analysis used in attempt cases. The analysis focuses on whether the defendant was “dangerously close” to completing the crime or “so near to the result that the danger of success is very great.” The court weighs a number of factors when applying the dangerous proximity test, including:

• The gravity of the intended crime
• Whether the defendant had approached the victim
• Whether all of the instrumentalities needed to commit the crime had been obtained
• Whether the defendant had arrived at the crime scene

The dangerous proximity test is one of the many different tests used by state and federal courts to determine whether the defendant has gone beyond preparing to commit a crime and has started to actually attempt to commit the crime. Other tests used by the courts include, the “substantial step” test and the “probable desistance” test. See also, Attempt.