Section 40.10. Renunciation  


Latest version.
  • 1.  In any prosecution for an offense, other than an attempt to commit
      a crime, in which  the  defendant's  guilt  depends  upon  his  criminal
      liability  for  the conduct of another person pursuant to section 20.00,
      it is an affirmative defense that,  under  circumstances  manifesting  a
      voluntary  and  complete  renunciation  of  his  criminal  purpose,  the
      defendant withdrew from participation  in  such  offense  prior  to  the
      commission  thereof  and  made  a  substantial  effort  to  prevent  the
      commission thereof.
        2. In any prosecution for criminal facilitation  pursuant  to  article
      one  hundred  fifteen,  it  is an affirmative defense that, prior to the
      commission of the felony which he  facilitated,  the  defendant  made  a
      substantial effort to prevent the commission of such felony.
        3.  In  any  prosecution  pursuant to section 110.00 for an attempt to
      commit a crime, it is an affirmative defense that,  under  circumstances
      manifesting  a  voluntary  and  complete  renunciation  of  his criminal
      purpose, the defendant avoided the commission of the crime attempted  by
      abandoning his criminal effort and, if mere abandonment was insufficient
      to  accomplish  such  avoidance, by taking further and affirmative steps
      which prevented the commission thereof.
        4. In any prosecution for criminal solicitation  pursuant  to  article
      one  hundred  or  for conspiracy pursuant to article one hundred five in
      which the crime solicited or the crime contemplated  by  the  conspiracy
      was  not  in  fact  committed,  it is an affirmative defense that, under
      circumstances manifesting a voluntary and complete renunciation  of  his
      criminal purpose, the defendant prevented the commission of such crime.
        5.  A  renunciation is not "voluntary and complete" within the meaning
      of this section if it is motivated in whole or in part by (a)  a  belief
      that  circumstances exist which increase the probability of detection or
      apprehension of the defendant or another  participant  in  the  criminal
      enterprise,  or  which  render  more difficult the accomplishment of the
      criminal purpose, or (b) a decision to  postpone  the  criminal  conduct
      until  another time or to transfer the criminal effort to another victim
      or another but similar objective.