Commuting each way and regularly falls asleep during this time. One day on his way home from work the train was particularly packed and someone sat in the seat next to him. Sammy fell asleep as usual and the woman sitting next to him took the opportunity to reach into his large front jacket pockets to look for items of value. She had hoped to find some cash or at least items to take to the pawnshop but found the pockets were empty. Should the woman be liable for the attempted offense?
A) Yes, factual impossibility is not a defense.
B) Yes, legal impossibility is not a defense.
C) No, factual impossibility is a complete defense.
D) No, legal impossibility is a complete defense.

Question

Quizplus · Accepted Answer

Factual impossibility occurs when a person intends to commit a crime, and takes a step toward committing that crime, but ultimately fails to complete the crime due to some fact or circumstance beyond their control. In this case, the woman intended to steal from Sammy and took steps to do so by reaching into his pockets, but failed because the pockets were empty. This is a case of factual impossibility, which is not a defense against the charge of an attempted offense.

Commuting Each Way and Regularly Falls Asleep During This Time