Legal Impossibility Law and Legal Definition

Legal impossibility refers to an impossibility arising due to the fact that what the defendant intended to do is not illegal. Legal impossibility is considered a defense to the crime of attempt. The category of legal impossibility is divided into two subcategories:

1.pure legal impossibility; and

2. hybrid legal impossibility.

Although it is generally undisputed that pure legal impossibility will bar an attempt conviction, the concept of hybrid legal impossibility has proven to be problematic. However, legal impossibility is said to occur where the intended acts, even if completed, would not amount to a crime.[United States v. King, 2006 U.S. Dist. LEXIS 57013 (W.D. Mich. Aug. 14, 2006)].