Also known as: abandon property · abandoned property · abandonment
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
The voluntary relinquishment of a criminal purpose after the defendant has performed an overt act toward commission of the crime. Under the traditional common law rule the defense is unavailable once the line from preparation to perpetration has been crossed. The Model Penal Code recognizes an affirmative defense when the renunciation is complete and voluntary.
The voluntary relinquishment of a criminal purpose after the defendant has performed an overt act toward commission of the crime. Under the traditional common law rule the defense is unavailable once the line from preparation to perpetration has been crossed. The Model Penal Code recognizes an affirmative defense when the renunciation is complete and voluntary.
Select any source to read its text and confirm it supports the definition.
The intentional relinquishment of ownership or possessory rights in land or chattels. This may cause loss of the right to continue a nonconforming use or constitute an offer of surrender that the landlord may accept, terminating the lease as to future rent.
Select any source to read its text and confirm it supports the definition.
The failure of a parent to maintain contact with or provide support for a child for a statutory period. Such conduct may constitute grounds for waiving the parent's consent to adoption and may terminate the parent's constitutionally protected interest in the child.
Select any source to read its text and confirm it supports the definition.
The intentional relinquishment of ownership or possessory rights in land or chattels. This may cause loss of the right to continue a nonconforming use or constitute an offer of surrender that the landlord may accept, terminating the lease as to future rent.
The failure of a parent to maintain contact with or provide support for a child for a statutory period. Such conduct may constitute grounds for waiving the parent's consent to adoption and may terminate the parent's constitutionally protected interest in the child.
Each sense below has its own examples, sources, and questions.
Anthony Arnold mixed a restricted pesticide into grain and carried the bucket toward the cattle pens with the intent to poison the herd. A supervisor halted him just outside the pen. Because Arnold had already performed an overt act, his later decision to dump the mixture could not negate liability for attempt under the common law rule.
Adrian Aguilar placed an explosive device near a target building and then dismantled it before the timer activated. He notified authorities of his change of heart. Because the renunciation was complete and voluntary and not prompted by increased risk of detection, Aguilar could assert the Model Penal Code affirmative defense to attempt.
No. Once the defendant has performed an overt act with the required intent, subsequent abandonment or withdrawal does not provide a defense under the traditional common law rule.
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The MPC recognizes an affirmative defense when the actor abandons the effort under circumstances manifesting a complete and voluntary renunciation of criminal purpose that is not motivated by increased risk of detection or a decision to postpone the crime.
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Anchor Bank operated a drive-through teller window that became nonconforming after a zoning change. The bank closed the window, removed the equipment, and used the space for storage for more than the statutory period. The city could treat the nonconforming use as abandoned and require compliance with current zoning.
Artemis Logistics vacated its warehouse, returned the keys, and stopped paying rent. The landlord accepted the keys and relet the premises to a new tenant. By accepting the surrender inherent in the abandonment, the landlord terminated the lease and could recover only rent accrued before acceptance plus any damages caused by the abandonment.
The vested right to continue a nonconforming use may be lost through abandonment or discontinuance for the statutory period, allowing the municipality to require compliance with current zoning.
Supporting sources
The landlord may accept the surrender inherent in the abandonment and terminate the lease, limiting the tenant's liability to rent accrued before acceptance and damages caused by the abandonment.
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Aaron Adams never registered with the putative father registry, visited the child, or provided support after learning of the birth. The court found that his complete absence of contact and support constituted abandonment, allowing the adoption to proceed on the mother's consent alone after notice and hearing.
Andrew Avery drove the mother to prenatal visits but never registered as a putative father, paid support, or sought custody. Because he failed to manifest parental responsibility through formal steps or consistent care, the court held that he had no protected right to veto the adoption.
Abandonment and failure to support for a statutory period, or failure to manifest parental responsibility, may render a parent's consent unnecessary after notice and hearing, allowing the adoption to proceed on the other parent's consent.
Supporting sources