§ 5-3-204 — Renunciation

(a) (1) It is an affirmative defense to a prosecution under § 5-3-201(a)(2) or (b) that the defendant abandons his or her effort to commit the offense, and by the abandonment prevents the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose. (2) However, the establishment of the affirmative defense under subdivision (a)(1) of this section does not affect the liability of an accomplice who does not join in the abandonment or prevention. (b) It is an affirmative defense to a prosecution under § 5-3-202 that the defendant terminates his or her complicity in the commission of the offense and: (1) Wholly deprives his or her complicity of effectiveness in the commission of the offense; (2) Gives timely warning to an appropriate law enforcement authority; or (3) Otherwise makes a substantial effort to prevent the commission of the offense, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose.

Legislative History

Acts 1975, No. 280, § 704; A.S.A. 1947, § 41-704.