Posted: May 19th, 2017

Reggie Dawkins buys artifacts from backcountry folks who dig illegally in archeological sites. The Native Artifacts Protection Act makes it a crime to sell or otherwise deal in such items without proper permits, which Reggie does not have. Last week Backcountry Bill sold Reggie some pottery with native designs and Reggie later offered it as “the genuine article” to an undercover agent. Even though it turns out that the pottery is a recent imitation made in the Far East, Reggie is accused of attempt to violate the Act. Under the approach followed by most courts today:

. Reggie Dawkins buys artifacts from backcountry folks who dig illegally in archeological sites. The Native Artifacts Protection Act makes it a crime to sell or otherwise deal in such items without proper permits, which Reggie does not have. Last week Backcountry Bill sold Reggie some pottery with native designs and Reggie later offered it as “the genuine article” to an undercover agent. Even though it turns out that the pottery is a recent imitation made in the Far East, Reggie is accused of attempt to violate the Act. Under the approach followed by most courts today: a. Reggie should have a good chance of avoiding conviction on the ground that it was, under the circumstances, a factual impossibility for him to violate the Act. b. Reggie should have a good chance of avoiding conviction on the ground that it was, under the circumstances, a legal impossibility for him to violate the Act. c. Both of the above. d. None of the above. Neither factual impossibility nor ordinary legal impossibility would be likely to provide Reggie with a defense.