Let us suppose that there is a self-proclaimed witch named Hazel who runs a fortune-telling and psychic-counselling business. The local prosecutor is, through the legal process, attempting to shut down Hazel's business because he believes that she is perpetrating a fraud upon the public. A local television station interviews Hazel for a story on the controversy, and Hazel says: "I want everyone to know that I have put a death-curse on the prosecutor. Because of this curse, the prosecutor will soon die a horrible, painful death. This is a very powerful curse, and I am completely confident that it will work."
The jurisdiction in which Hazel is located has the following law in effect:
(a) Elements of the Offense.
A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense.
It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.
The prosecutor, who sees this television interview, instructs the police to arrest Hazel for attempted murder.
Should Hazel be convicted of attempting to murder the prosecutor by means of her death-curse?