Hix v. Commonwealth
Virginia Supreme Court
619 S.E.2d 80 (2005)
Relevant factsFree
Hix (defendant) had sexually charged online conversations with a police agent posing as a 13-year-old girl and arranged to meet her in person, only to be arrested by police at the rendezvous; he offered various explanations for the meeting, some more innocent than others. The Commonwealth (plaintiff) successfully prosecuted him for attempted indecency with a minor, an appellate court upheld the conviction, and Hix appealed, arguing it was factually impossible to commit indecency with a minor who didn't actually exist.
IssueFree
Whether a defendant may be convicted of an attempted crime even though a fact unknown to him made it factually impossible to actually complete the crime.