Factual Impossibility (POST)

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Discuss whether the defendant in these scenarios can be found guilty of an attempted offense:

1. A pick pocket reaches into a man’s pocket walking down the street and finds the man doesn’t have a wallet in his pocket. Is he guilty of attempted theft?

2. A man sexually assaults a woman he believes is passed out from alcohol, only to find out after that the woman died of an overdose an hour early. Is he guilty of attempted rape?

3. A woman decides to kill the woman who is sleeping with her husband. She goes into the woman’s bedroom at 2am and shoots at the bed. She then realizes the bed is empty. Is the woman guilty of attempted murder?

Explain your answers.