 The American Law Institute’s Model Penal Code modifies its adoption of the harm-within-the-risk test in section 2.03 by denying liability for a harm within the risk that is “too remote or accidental in its occurrence to have a [just] bearing on the actor’s liability or on the gravity of his offense” (American Law Institute 1962). This language was not intended as a general, stand-alone test of proximate causation, as it is sometimes construed to be (Dan-Cohen 1983). Rather, the language gives a qualifying caveat to the more general harm within the risk test of the Model Penal Code. Such a caveat is an explicit recognition of the inability of the harm-within-the-risk test to accommodate the issues commonly adjudicated as intervening cause issues.