Impossibility Defense

Factual impossibility is not a defense; legal impossibility is a defense.

Related Inchoate Crimes rules

• AttemptAttempt requires intent to commit a crime and a substantial step beyond preparation.
• SolicitationSolicitation is asking another to commit a crime with intent they do so.
• Conspiracy: AgreementConspiracy requires an agreement between two or more persons to commit a crime and intent to agree.
• Conspiracy: Overt Act RequirementMost jurisdictions require an overt act in furtherance of the conspiracy.
• Conspiracy Liability ScopeCo-conspirators are liable for foreseeable crimes committed in furtherance of the conspiracy.
• Withdrawal from ConspiracyWithdrawal requires timely repudiation; it does not negate liability for the conspiracy itself.
• Merger DoctrineAttempt and solicitation merge into the completed offense; conspiracy does not merge.
• Attempt WithdrawalWithdrawal is never a defense to attempt once a substantial step has occurred.

Part of Criminal Law on Core Legal Rules — foundational MBE-tested principles with primary-source citations.