Comments - Applying the right mental state to the material elements: a quick summary and something you probably didn't know
I had this same issue come up in a trial last week on "Attempted Strangulation Committed in front of a Minor Child." I argued that, since it was charged as an attempt, the State had to prove that my client intended that the attempted strangulation be committed in the presence of, or witnessed by, his and the victim's mutual child. The court disagreed and refused to give my requested instruction. Unfortunately, the COA won't get a chance to review that decision, since my client was acquitted on that count. D'oh!