Also known as: renounce criminal purpose · renounced criminal purpose · renouncing criminal purpose · renunciations of criminal purpose · abandonment of criminal purpose · withdrawal from attempt
Written by attorneys — see sources below.
An affirmative defense to attempt and related inchoate offenses that excuses liability when the actor abandons the criminal effort or prevents its commission under circumstances manifesting a complete and voluntary renunciation of criminal purpose. Renunciation is not voluntary if motivated in whole or in part by circumstances that increase the probability of detection or make the crime more difficult. Renunciation is not complete if motivated by a decision to postpone the conduct or transfer the effort to a similar objective or victim.
Raphael Rivera, a nurse, drew a lethal syringe and entered a patient's room intending to commit murder. Upon hearing the patient speak hopefully about seeing his grandchildren, Rivera discarded the syringe and administered the proper medication instead. No new risk of detection prompted the change. The renunciation defense applies because the abandonment was both complete and voluntary.
Ronald Reed hired an accomplice to burn a building for insurance proceeds and supplied accelerants. After learning of increased patrols, Reed directed the accomplice to abandon the plan and dispose of the materials without any instruction to resume later. The renunciation defense fails because the decision was motivated by the new risk of detection.
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View caseRenunciation is voluntary only when it stems from an internal change of purpose rather than external circumstances that increase the risk of detection or make the crime harder to accomplish. A decision prompted by new patrols or monitoring equipment fails this test even if the actor prevents the offense.
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Renunciation is complete only when the actor does not intend to resume the same crime later or shift to a similar target. An instruction to postpone the arson or switch victims defeats the defense even if the immediate plan is abandoned.
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Yes. The same complete-and-voluntary standard governs renunciation after solicitation or conspiracy, requiring the actor to persuade the other person to stop or otherwise thwart the crime's success.
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No. The defense turns on whether the actor's own conduct thwarted the conspiracy's success under circumstances showing a complete and voluntary renunciation, not on convincing every participant to abandon the plan.
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