[ContemptofCourt]

What must be proven for attempted kidnapping:

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FL. Jury Instructions

5.1 ATTEMPT TO COMMIT CRIME § 777.04(1), Fla.Stat.

Use when attempt is charged or is a lesser included offense.

[To prove the crime of Attempt to Commit (crime charged), the State must prove the following two elements beyond a reasonable doubt:]

Use when necessary to define "attempt" as an element of another crime (such as felony murder).

[In order to prove that the defendant attempted to commit the crime of (crime charged), the State must prove the following beyond a reasonable doubt:]

1. (Defendant) did some act toward committing the crime of (crime attempted) that went beyond just thinking or talking about it.

2. [He] [She] would have committed the crime except that

a. [someone prevented [him] [her] from committing the crime of (crime charged).]

b. [[he] [she] failed.]

Defense. § 777.04(5)(a), Fla.Stat.

It is not an attempt to commit (crime charged) if the defendant abandoned [his] [her] attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

[Fitzcarraldo]

1. (Defendant) did some act toward committing the crime of (crime attempted) that went beyond just thinking or talking about it.

Nowak made extensive preparations and acted according to a plan demonstrating awareness of an intended crime up until the failure of the pepper spray to perform its intended function of allowing access to the interior of the victim's vehicle. Use of the pepper spray was logically inconsistent with the stated purpose of initiating a conversation.

[jobnick]

I'll grant you they have a case for attempted kidnapping with the tubing as the primary piece of evidence.

But the attempted murder would be much harder to prove and is more likely a negotiating chip for a plea bargain.