what are the impossibility defenses in criminal law?
Factual impossibility: An actor’s intended end constitutes a crime, but he fails to complete the act because of a factual circumstance beyond his control, or unknown to him. This is not a defense. Example: A intends to pick B’s pocket. A puts his hand in B’s empty pocket. A is guilty of attempted larceny. Legal impossibility: There are two types. (1) Pure legal impossibility: an actor engages in lawful conduct that he incorrectly believes constitutes a crime. This is a defense. Example: A puts his hand on B’s shoulder. A believes he has committed Rape. He has not. Thus, A is not guilty of Rape or attempted rape. (2) Hybrid legal impossibility: an actor’s goal is illegal, but commission of the offense was impossible due to a factual mistake by her regarding the legal status of some attendant circumstance that constitutes an element of the charged offense. This is a defense. Example: A receives property he believes is stolen. If it were stolen, he would be guilty of receiving stolen prop
