7.3.3: Renunciation as a Defense to Solicitation

Similar to conspiracy, many jurisdictions allow renunciation as an affirmative defense to solicitation (Ariz. Rev. Stat., 2011). The renunciation must be voluntary and complete and must thwart the crime that is solicited. As the Model Penal Code states, “it is an affirmative defense that the actor, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose” (Model Penal Code § 5.02(3)).

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