Editing Openai/694170e2-8f8c-800d-b99b-eda956927eda (section)

=== Assistant: In U.S. ===
In U.S. criminal law, uncertainty about whether anyone was actually harmed shifts the case out of homicide and into “inchoate” (incomplete) crimes.

Given your facts, here’s how it’s analyzed.

==== - The actor intended to kill if someone was present ====
* The actor knew there was a risk someone might be there (≈4%)
* It is impossible to determine whether anyone was present
* It is unknown whether death or injury occurred

==== ### ====

Because:
* A death must be proven beyond a reasonable doubt
* If the prosecution cannot prove someone died, homicide charges fail

: 

==== ### ====

Why this fits best:
* Attempt crimes focus on intent + action, not outcome
* The defendant: - Had specific intent to kill - Took a substantial step toward killing

Crucial rule:
👉 Actual presence of a victim is NOT required

Required elements for attempted murder:
* Intent to kill
* A substantial step toward killing
* No requirement that: - Anyone was present - Anyone was injured - Anyone died

Your 4% risk does NOT negate intent
* Conditional intent (“if someone is there, I want them dead”) still counts
* Courts routinely uphold attempted murder with: - Shooting into a house - Bombing an empty car believed occupied - Poisoning food that no one eats

===== Because: =====
* The defendant knew of a substantial risk
* Acted despite that risk
* Created a grave danger to human life

This can be charged in addition to attempted murder.

==== ### ====
* Criminal law cares about what the defendant chose to do
* Not how lucky they were
* A 4% chance is still a known risk of killing a human

===== - “No one ended up there” does not excuse: - Shooting - Bombing - Poisoning =====
* If the defendant believed someone might be there, attempt liability applies

==== - ❌ Not criminal negligence (intent is too high) ====
* ❌ Not manslaughter (no proven death)
* ❌ Not a defense just because the chance was “small”

==== : ====

If you want, I can also:
* Walk through jury instructions
* Explain how conditional intent is treated
* Compare attempted murder vs depraved indifference murder
* Show real appellate cases with similar facts

Just say which angle you want.