Louisiana Jury Instructions–Civil and Criminal
CHAPTER 2 Criminal Jury Instructions
XXIII. Defenses to a Criminal Charge
A. Justification

§ 23.04 Physical Impossibility

A defense to a criminal charge can be that the defendant’s conduct was justifiable, although criminal, because a claim of physical impossibility. A charge in that regard could be as shown below.

The Defendant claims that his conduct, otherwise criminal, was justified because his failure to (name affirmative duty) was a physical impossibility.

If you find that:

1) the (offense charged) consists of the Defendant’s failure to perform an affirmative duty; and
2) it was physically impossible for him to (name affirmative duty);

then you must find the Defendant not guilty.

 

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