Attempted Murder

A story my girlfriend told me reminded me of this thread.

The story is as follows:

Once, when my girlfriend was about eight (this is before we were dating) she got in a fight with her older brother. Her mother intervened and came down on the brother’s side. This upset my GF. For some dumb ass reason, she thought that nail polish remover fumes were lethal. (They probably are in sufficient amounts.) So she put a cup of nail polish remover under the toilet, out of the view of would be toliet users. For the next few weeks she held her breath when she went to the bathroom and waited for her family to die.

Is this attempted murder? If it is, what is the statute of limitations on attempted murder? Can I turn my GF in? She probably wouldn’t go to jail for something she did when she was 8, but it would be a good way to annoy her if we ever broke up.

Your biggest problem is that it’s pretty hard, almost impossible, to convict someone for a crime they committed when they were 8. People that young can’t be tried as an adult, even in Texas!

Another problem is that the nail polish remover fumes weren’t going to kill anyone. I don’t think you can be convicted of attempted murder if your attempt would never have worked.

This does kind of skirt on the edge of the impossiblity defense discussed in the thread you linked to. The question becomes, are impossibility and futility the same thing?

My initial reaction, is yes, based on my recollection of the cases/notes I read while involved in that thread, she fulfilled the necessary requirements of attempted murder. She had the intent, and took actions towards the completion of the act.

Her age at the time would almost certainly get her off (both then and now). The statute of limitations would depend on the jurisdiction.