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Criminal Law • Preliminary Crimes
CRIMLAW#067
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 and Amy wanted to set Sam's house on fire, so they grab a can of gasoline from Bob's garage, walks to Sam's house, pour it all over Sam's porch, and try to light it on fire. It doesn't light. Why? Amy forgot that she previously used all of Bob's gasoline and replaced it with water. Neither Bob or Amy remembered this, but they are still bad people for trying to burn Sam's house down. Even though it is impossible for Bob and Amy to commit arson with a jug of water, the fact that they performed the acts under the belief that it was actually gasoline is enough to still charge them with conspiracy and 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 attempt?
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?
