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Criminal Law • Preliminary Crimes
CRIMLAW#066
Legal Definition
Legal impossibility is a defense, as the acts the defendant intended to commit do not constitute a crime in the jurisdiction they are being charged.
Plain English Explanation
In Season 2 of SpongeBob SquarePants, SpongeBob and Patrick have no money for a balloon so they opt to steal one. Later, they are consumed with guilt and confess their crime to police. SpongeBob and Patrick are informed that though they did take a balloon, they did so on National Free Balloon Day. Thus, they were not in trouble and no crime had been committed. Sound a bit silly? Well so is the law, which is why this isn't tested too often. It basically requires someone to intentionally do certain acts that may appear wrong or shady, but since they do not break any law, the fact that they attempted to commit them is irrelevant because it is impossible for those acts to result in a crime being committed.
Related Concepts
Does merger exist for conspiracy related crimes?
How can a participant of a conspiracy effectively withdraw?
How does factual impossibility affect attempt?
How does factual impossibility affect conspiracy?
How does legal impossibility affect attempt?
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?
