In a prosecution for an attempt, it is no defense that it was impossible to commit the crime. SOURCE: M.P.C. § 5.10(1); *Calif. § 801 (T.D. 2 1968); Calif. § 705 (971); Mass. ch. 263 § 46(a); N.J. § 2C:5-1(a). COMMENT: Section 13.15 states new law and reverses the old. Impossibility is no longer a defense to the charge of attempt to commit a crime. This Section would deny, for example, a defense to prosecution for attempted abortion on the ground that the women attempted to be aborted was not pregnant.
Same: Impossibility No Defense
9 GCA § 13.15 — under Attempt, Solicitation, Conspiracy.
9 GCA § 13.15