OUJI-CR 2-12


A perpetrating act, for purposes of these instructions, is one that would end in the commission of the crime the defendant(s) intended to commit, but for the intervention of circumstances independent of the will of the defendant(s).

The requirement that the defendant(s) commit a perpetrating act must be distinguished from mere preparation to commit a crime. Preparation consists of devising or arranging the means or measures necessary for the commission of a crime.

(2000 Supp.)