HopefullyInLawSchool
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Simple English definitions for legal terms
true legal impossibility
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A quick definition of true legal impossibility:
True legal impossibility is when someone intends to commit a crime, but the action they are attempting to do is not actually illegal. For example, if someone goes hunting during a time they believe is not hunting season, but it actually is, they cannot be charged with a crime because they did not break any laws. This is different from factual impossibility, which is when someone cannot physically accomplish the illegal act they intended to do, such as trying to pick an empty pocket. Legal impossibility is a defense to the crimes of attempt, conspiracy, and solicitation.
A more thorough explanation:
True legal impossibility is a type of legal defense that can be used in criminal cases. It occurs when a person attempts to commit a crime, but the act they are attempting to do is not actually illegal. This can happen when the person mistakenly believes that what they are doing is against the law, but in reality, it is not.
For example, if someone tries to buy drugs from an undercover police officer, but the drugs turn out to be fake, this would be considered true legal impossibility. The person may have intended to commit a crime, but because the drugs were not real, they cannot be charged with drug possession.
It's important to note that true legal impossibility is different from factual impossibility, which occurs when the illegal act cannot physically be accomplished. Factual impossibility is not a defense to the crime of attempt.
Overall, true legal impossibility is a defense that can be used in certain criminal cases when the person did not actually commit a crime because the act they were attempting to do was not illegal.