46.3403 Attempt-Affirmative defense.

Cite as [A.S.C.A. § 46.3403]

(a) When the actor's conduct would otherwise constitute an attempt under 36.3401 through 46.3404, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise presented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of the defense does not, however, affect the liability of an accomplice who did not join in that abandonment or prevention. Renunciation of criminal purpose is not voluntary if it is motivated in whole or in part, by circumstances not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

(b) The defendant has the burden of injecting the issue of renunciation of criminal purpose under 46.3401.

History: 1979, PL 16-43 § 2.

Research Guide: MPC 5.01(4).