Jacob, a freshman at USI was a member of a local fraternity. On Saturday night the fraternity had a toga party at the frat house. At the party were the new pledges. The pledges were under the direction to do whatever the president of the fraternity told them to do. Nick, the president of the fraternity, saw Jacob dancing with his girl. Nick decided to get even with Jacob. While the party was in progress he ordered the pledge member to vandalize Jacob’s car. The pledge member opened the hood of Jacob’s car and took out the battery and pulled out several electrical wires. When the party was at an end, Jacob left the fraternity house and headed to his car. Jacob was unaware what had happened to his car. Jacob got into his car and tried to start the car. The car would not start. A police officer, who was parked outside the fraternity house, watched Jacob continually try to start his car. Jacob gave up and proceeded to walk home. The officer approached Jacob and charged him with attempting to violate a local city ordinance making it a misdemeanor to leave a vehicle on public streets in an inoperable state. Jacob’s best defense to the charge would be:
A. Mistake of Fact
B. Factual impossibility
C. Entrapment
D. No requisite intent
Answer:D
Jacob, a freshman at USI was a member of a local fraternity. On Saturday night the fraternity had a toga party at the frat house. At the party were the new pledges. The pledges were under the direction to do whatever the president of the fraternity told them to do. Nick, the president of the fraternity, saw Jacob dancing with his girl. Nick decided to get even with Jacob. While the party was in progress he ordered the pledge member to vandalize Jacob’s car. The pledge member opened the hood of Jacob’s car and took out the battery and pulled out several electrical wires. When the party was at an end, Jacob left the fraternity house and headed to his car. Jacob was unaware what had happened to his car. Jacob got into his car and tried to start the car. The car would not start. A police officer, who was parked outside the fraternity house, watched Jacob continually try to start his car. Jacob gave up and proceeded to walk home. The officer approached Jacob and charged him with attempting to violate a local city ordinance making it a misdemeanor to leave a vehicle on public streets in an inoperable state. Jacob’s best defense to the charge would be:
A. Mistake of Fact B. Factual impossibility C. Entrapment D. No requisite intent