7.2.6: Renunciation as a Defense to Conspiracy

California Criminal Law 2026 · LibreTexts

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    One potential affirmative defense to conspiracy is renunciation. Similar to voluntary abandonment in attempt, renunciation can operate as a defense to conspiracy in some jurisdictions if the defendant completely and voluntarily renounces the conspiracy (N.J. Stat., 2011). The renunciation must also thwart the crime that is the object of the conspiracy. The Model Penal Code allows the defense and provides, “It is an affirmative defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose” (Model Penal Code § 5.03(6)).

    Example of Renunciation

    Review the example with Shelley and Sam in “Example of Conspiracy Intent”. In this example, Shelley and Sam agree to commit a robbery at the convenience store where Steffy is a cashier. Adjust the example so that Shelley has a change of heart and contacts law enforcement about the robbery before she drives Sam to the convenience store in the getaway car. Law enforcement officers ask Shelley to help them apprehend Sam, and she agrees. Shelley drives Sam to the convenience store as planned. Two law enforcement officers dress in plainclothes and pretend to be shopping in the convenience store when Sam arrives. As soon as Sam pulls out his fake handgun, they arrest him. If Shelley is in a jurisdiction that recognizes the renunciation defense, she probably will have a valid defense to a charge of conspiracy. Although Shelley committed the criminal act for conspiracy with the requisite criminal intent, she voluntarily and completely renounced the conspiracy and thwarted the crime that was its object. Thus Shelly has likely met the requirements of renunciation, and only Sam may be charged with a crime or crimes in this scenario.

    This page titled 7.2.6: Renunciation as a Defense to Conspiracy was last modified on Wed, 02 Sep 2026 08:37:27 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.