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0 tracked cards Criminal Law and Procedure

A pickpocket reached into a tourist's coat pocket intending to steal a wallet. The pocket was empty, and police arrested the pickpocket as his hand came out.
Which statement best describes the pickpocket's factual-impossibility argument?

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Factual impossibility is generally not a defense to attempt when the defendant intended the crime and believed the facts allowed it. Factual impossibility always bars attempt liability. A defendant cannot attempt to steal from an empty pocket because there is no intent. Factual impossibility is a complete defense only when the defendant used ordinary tools.

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