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Criminal Law • Preliminary Crimes
CRIMLAW#057
Legal Definition
Factual impossibility is not a defense, as the acts the defendant intended to commit would constitute a crime if the facts were as the defendant believed them to be.
Plain English Explanation
Imagine if Bob wanted to set Sam's house on fire, so he grabs a can of gasoline from his garage, walks to Sam's house, pours it all over Sam's porch, and tries to light it on fire. It doesn't light. Why? Bob's friend stole Bob's gasoline last week and replaced it with water. Bob had no idea, but Bob is still a bad person for trying to burn Sam's house down. Even though it is impossible for Bob to commit arson with a jug of water, the fact that he performed the acts under the belief that it was actually gasoline is enough to still charge him with attempted arson.
Related Concepts
Does merger exist for conspiracy related crimes?
How can a participant of a conspiracy effectively withdraw?
How does factual impossibility affect conspiracy?
How does legal impossibility affect attempt?
How does legal impossibility affect conspiracy?
In assessing the crime of attempt, what is merger?
In assessing the crime of solicitation, what is merger?
Under conspiracy, what constitutes an agreement?
What is attempt?
What is conspiracy?
What is solicitation?
What is the liability for co-conspirators' crimes?
What is Wharton's Rule?
What level of preparation is required to commit an attempt?
What type of intent is required for attempt?
