## Facts

- Victor R. Krovarz approached a Target cashier in Denver, put a putty knife to her throat, and demanded money from the register.
- A customer intervened, took the putty knife, and held Krovarz until store security and then police took custody.
- Krovarz was charged with attempted aggravated robbery under the provision requiring that, with a deadly weapon, the defendant knowingly place the victim (or another person) in reasonable fear of death or bodily injury during a robbery.
- The defense presented evidence that Krovarz was depressed and suicidal and committed the act hoping to be returned to a mental hospital rather than to obtain money.
- On cross-examination, the defense psychologist testified that Krovarz intended to engage in the conduct, knew it would place the victim in reasonable fear, and knew he was practically certain to obtain money as a result.

## Issues

1. Whether Colorado criminal attempt requires a “specific intent” to bring about the completed offense in all cases.
2. Whether a mens rea of knowledge is sufficient for attempted aggravated robbery when the completed aggravated robbery offense is defined in terms of knowing conduct.

## Decision

- The Colorado Supreme Court disapproved the district court’s legal ruling that criminal attempt always requires specific intent to commit the underlying crime.
- The court held that when the completed offense is defined by a knowing mental state, attempt liability may be based on knowledge rather than a heightened, separate specific-intent requirement.
- Because double jeopardy barred reversal of the acquittal, the court’s action provided authoritative guidance on the correct legal standard without reinstating charges against Krovarz.

## Legal Principles

- Under Colorado’s attempt statute, attempt requires acting “with the kind of culpability otherwise required for commission of [the] offense” and taking a substantial step toward its commission.
- The mental state for attempt tracks the mental state required by the completed offense; attempt does not impose an automatic, freestanding requirement of specific intent in every case.
- For aggravated robbery as charged, the relevant culpable mental state is knowledge (e.g., knowingly placing a person in reasonable fear with a deadly weapon in the course of robbery); that level of culpability can support attempted aggravated robbery.
- A defendant’s motive for committing the conduct (e.g., seeking hospitalization) does not negate attempt liability if the defendant acts with the culpable mental state required by the offense definition.

## Conclusion

The court clarified that Colorado attempt liability depends on the culpable mental state required for the completed offense, and that knowledge can suffice for attempt when the underlying statute defines the crime in terms of knowing conduct; it therefore rejected a blanket specific-intent requirement for attempt.


People v. Krovarz, 697 P.2d 378 (Colo. 1985)