LA § 6:12 Justification—Physical impossibility

LA § 6:12 Justification—Physical impossibility

State: Jury Instruction Number:

Louisiana Criminal Jury Instructions (2017)
§ 6:12 Justification—Physical impossibility

The defendant’s conduct, otherwise criminal, is justified if the offense charged consists of a failure to perform an affirmative duty and the failure to perform is caused by physical impossibility.

Thus, if you find:

(1) that the offense charged consists of the defendant’s failure to perform an affirmative duty; and
(2) that the defendant’s failure to perform was caused by physical impossibility; then you must find the defendant not guilty.

Updated: 7/12/2017