Compulsion; Consent; De Minimus Infractions; Entrapment; and Renunciation. (a) In a prosecution for an attempt, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, 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. (b) In a prosecution for criminal facilitation, it is an affirmative defense that, prior to the commission of the crime which he facilitated, the defendant made a reasonable effort to prevent the commission of such crime. (c) In a prosecution for criminal solicitation, or for conspiracy, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited or of the criminal or otherwise unlawful conduct contemplated by the conspiracy, as the case may be. (d) A renunciation is not “voluntary and complete” within the meaning of this Section if it is motivated in whole or in part by: (1) a belief that a circumstance exists which increases the probability of detection or apprehension of the defendant or another participant in the criminal operation, or which makes more difficult the consummation of the crime; or (2) a decision to postpone the criminal conduct until another time or to substitute another victim or another but similar objective. SOURCE: M.P.C. §§ 5.01(4), 5.02(3), 5.03(6); Cal. § 802 (T.D.2, 1968); Cal. § 570 (1971); *Mass. ch. 263, § 49(b); N.J. §§ 2C:5-1(c), 2C:5-2(e). CROSS-REFERENCES: §§ 13.10, 4.65, 13.20 and 13.30, all of this Title. COMMENT: § 7.73 is a new section which substantially narrows the defense of “renunciation” as allowed by case law. The situations in which it is allowed and disallowed are clearly stated within the law. The defense is unavailable to a person who is charged as a principal with a completed crime. It is available only in cases of attempt, criminal facilitation or conspiracy. Further, in all cases the defendant must have taken some affirmative steps to see that the crime is not carried through.
ARTICLE 4 JUSTIFICATION