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Legal Impossibility – Criminal Law Outline

Criminal Law

Legal Impossibility

Legal impossibility is further divided into pure legal impossibility and hybrid legal impossibility.

The Model Penal Code and most jurisdictions only allow pure legal impossibility as a defense.

Pure Legal Impossibility

Pure legal impossibility is when one engages in conduct he thinks to be illegal, but it actually is legal for him to do.

Situations with pure legal impossibility are not a basis for criminal liability.

Hybrid Legal Impossibility

Hybrid legal impossibility is when the defendant's goal is illegal but impossible due to the legal status of some factor relevant to his conduct.

Most jurisdictions do not allow hybrid legal impossibility as a defense.

Examples:

Taking stolen property that turns out to not be stolen
Trying to bribe a juror when the person is not actually a juror
Trying to solicit an FBI agent posing as an underage girl in a chatroom
Trying to hire an undercover cop posing as a hitman