In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: include the element that elevates the crime to a higher level.” As we noted in State v. Bean, 153 N.H. 380 (2006), “[i]n Glanville, the State, although not required to do so under Johnson, attempted to charge the defendant with a specific variant of the crime allegedly attempted, but failed to accurately set forth that variant in the indictment.” Bean, 153 N.H. at 384; see Johnson, 144 N.H. at 178. Indeed, Glanville recognized that all that was required “[t]o charge the defendant with attempted armed robbery, class A felony, [was for] the indictment ... to allege that the defendant (1) with a purpose to commit armed robbery, (2) committed acts constituting a substantial step toward the commission of that crime.” Glanville, 145 N.H. at 634 (emphasis added); cf. Casanova, 164 N.H. at 566 (<HOLDING>). Accordingly, the indictment in this case 
 Holding statements: (A) holding that because statutory variants of an underlying crime are not elements of an attempt to commit the underlying crime jurors are not required to unanimously find which specific statutory variant the defendant intended to commit it is sufficient that they unanimously conclude that the defendant intended to commit any of the applicable statutory variants (B) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (C) holding that firstdegree murder is one crime although the defendant can commit the crime in several ways (D) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (E) holding that an individual cannot attempt to commit murder of the second or third degree because the crime of attempt is a specific intent crime and an attempt to commit second or third degree murder would require proof that the individual intended to perpetrate an unintentional killing which is logically impossible
[EX A]: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred

[EX Q]: issue, we need not consider the second argument raised. 7 . In a dissent to Smith, Judge Friedman, joined by Judges Pellegrini and Kelley, objected to following the Miller/Lewis/Selan line of cases which automatically equated the refusal to sign a hospital consent form with a refusal to submit to chemical testing. The dissenting judges expressed preference for the other line of caselaw, particularly Conrad, and noted that because Smith orally agreed to the blood test and only refused to sign the hospital consent form, which was a pre-test procedure linked to the test, although not required by section 1547, Smith did not make a knowing and conscious refusal to submit to chemical testing. 8 . Wheatley v. Commonwealth, Department of Transportation, 104 Pa.Cmwlth. 171, 521 A.2d 507 (1987) (<HOLDING>). 9 Although Renwick does not expressly 
 Holding statements: (A) holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 (B) holding that refusal to consent to search cannot support a finding of reasonable suspicion (C) holding that refusal to submit to breathalyzer test did not result from custodial interrogation (D) holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 (E) holding that a district court did not clearly err in crediting agents testimony that a defendant had orally consented despite his refusal to sign consent form
[EX A]: holding refusal to sign hospital waiver of liability form is not a refusal under section 1547

[EX Q]: an adoption or belief in the statements and opinions contained within them. Janus Capital Grp., Inc. v. First Derivative Traders, 564 U.S. 135, 148 n.12, 131 S.Ct. 2296, 180 L.Ed.2d 166 (2011) (reasoning that defendant was not subject to liability for securities fraud by providing link to fraudulent prospectus on its website since “[m]erely hosting a document on a [web site] does not indicate that the hosting entity adopts the document as its own statement or exercises.control over its content”), The fact, that a party links to or posts on its website material from another source, or otherwise hosts or references third-party documents on its website does not by itself constitute .a clear demonstration of intent to adopt. See Fenner v. Suthers, 194 F.Supp.2d 1146, 1149 (D. Colo. 2002) (<HOLDING>); Aikens v. Cty. of Ventura, No. B221992, 2011 
 Holding statements: (A) holding that in the absence of public disclosure the court need not address whether relator was original source of the information (B) holding that due process was violated where a death sentence was imposed based on information in a presentence report and the defendant was not given an opportunity to deny or explain the information (C) holding proponent of a motion for continuance should state what specific discovery is material and show why it is material (D) holding that experts may rely on inadmissible material in forming the basis of opinions but inadmissible material may not be admitted for truth of the matter asserted (E) holding that material from websites was inadmissible because proponent failed to explain whether the source sponsors endorses collects or simply provides the information on the websites
[EX A]:
holding that in the absence of public disclosure the court need not address whether relator was original source of the information