Abandonment of Effort to Commit a Crime as an Affirmative Defense

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Criminal Attempt, Conspiracy, and Solicitation
  5. Abandonment of Effort to Commit a Crime as an Affirmative Defense

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  1. When a person's conduct would otherwise constitute an attempt to commit a crime under Code Section 16-4-1, it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.
  2. A renunciation of criminal purpose is not voluntary and complete if it results from:
    1. A belief that circumstances exist which increase the probability of detection or apprehension of the person or which render more difficult the accomplishment of the criminal purpose; or
    2. A decision to postpone the criminal conduct until another time.

(Code 1933, § 26-1003, enacted by Ga. L. 1968, p. 1249, § 1.)

RESEARCH REFERENCES

Withdrawal From or Abandonment of Criminal Enterprise, 8 POF2d 231.

C.J.S.

- 22 C.J.S., Criminal Law: Substantive Principles, § 152.

ALR.

- Attempt to conceal or dispose of body as evidence connecting accused with homicide, 2 A.L.R. 1227.

What constitutes attempted murder, 54 A.L.R.3d 612.


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