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Marco plans to set fire to a warehouse used for charitable goods after office hours. He buys a can of gasoline and a lighter, and spends two evenings reconnoitering the warehouse and its security routines. On the third night, he pours gasoline around the doorway and lights a match, but a neighbor sees the smoke and calls the fire department; the flames are quickly controlled and he escapes, leaving the doorway intact.
(a) Distinguish between preparatory acts and overt acts in the context of criminal attempts, and identify which acts in Marco’s sequence are preparatory versus overt.
(b) Based on the facts, did Marco commit the crime of attempted arson? Explain the governing rule and apply it to determine whether there is an attempt and the likely penalty.
(c) If Marco had remained outside the building and never poured gasoline or lit a match, but still intended to burn the warehouse, would there be an offense? Why or why not?