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The Title 28 of the United States Code QUESTION #3728
Question 1
A person intends to kill their enemy by shooting them. They point a gun and pull the trigger, but the gun misfires. Unbeknownst to the shooter, the enemy had already died of a heart attack five minutes earlier. What crime has the shooter committed?
  • Murder.
  • Attempted Murder.✔️
  • Manslaughter.
  • No crime, because you cannot kill a dead person ('Factual Impossibility').
Correct Answer Explanation
Factual impossibility (the fact that the victim is already dead) is NOT a defense to an attempt crime. The defendant had the intent to kill and took a substantial step toward the commission of the crime.