intercourse, mere recklessness towards the lack of consent is enough (R v Khan). Likewise with attempted aggravated arson, recklessness towards loss of life will suffice (A-G's Reference #3 1992). England Under English law, R v Walker and Hayles (1990) 90 Cr. App. R. 226 deals with the issue of the power of a court to impute intention based on foresight. The defendants threw their victim from a third floor balcony and were charged with attempted murder. The judge directed the jury that they could infer intention if there was a high degree of probability that the victim would be killed and if the defendants knew "quite well that in doing that there was a high degree of probability" that the victim would be killed. The Court of Appeal did not accept that the reference to "very high degree of probability" was a misdirection, but Lloyd LJ. stated that in the rare cases where an expanded direction is required to include foresight, courts should use virtual certainty as the test, rather than high probability (see also R v Woollin [1998] 3 WLR 382 (HL)). United States Generally, the rule in the United States for the mens rea of an attempt offense is divided into two parts: (1) the actor must intend to commit the act that constitutes the actus reus of an attempt; and (2) the actor must perform that act with the specific intention of committing the target crime. In many states in the United States, it is impossible, as a matter of law, to attempt to commit a crime whose underlying mens rea is only recklessness. For example, in State v. Lyerla, the defendant Lyerla randomly shot into a truck 3 times after being goaded by the driver of the truck. One shot killed the driver and the others did not hit the driver or either of 2 passengers. The South Dakota Supreme Court found that although Lyerla was guilty of reckless second degree murder of the driver, he could not be guilty of recklessly attempting to murder the passengers, because attempt requires a higher level of intent than recklessness. Further, the overwhelming rule in the United States is that no one can be convicted of attempted involuntary manslaughter because that offense is based on the mens rea of criminal negligence or recklessness. Model Penal Code Model Penal Code Section 5.01 defines criminal attempt to commit a crime as