§ 40.10 Renunciation.\n 1. In any prosecution for an offense, other than an attempt to commit\na crime, in which the defendant's guilt depends upon his criminal\nliability for the conduct of another person pursuant to section 20.00,\nit is an affirmative defense that, under circumstances manifesting a\nvoluntary and complete renunciation of his criminal purpose, the\ndefendant withdrew from participation in such offense prior to the\ncommission thereof and made a substantial effort to prevent the\ncommission thereof.\n 2. In any prosecution for criminal facilitation pursuant to article\none hundred fifteen, it is an affirmative defense that, prior to the\ncommission of the felony which he facilitated, the defendant made a\nsubstantial effort to prevent the commission of such felony.\n 3. In any prosecution pursuant to section 110.00 for an attempt to\ncommit a crime, it is an affirmative defense that, under circumstances\nmanifesting a voluntary and complete renunciation of his criminal\npurpose, the defendant avoided the commission of the crime attempted by\nabandoning his criminal effort and, if mere abandonment was insufficient\nto accomplish such avoidance, by taking further and affirmative steps\nwhich prevented the commission thereof.\n 4. In any prosecution for criminal solicitation pursuant to article\none hundred or for conspiracy pursuant to article one hundred five in\nwhich the crime solicited or the crime contemplated by the conspiracy\nwas not in fact committed, it is an affirmative defense that, under\ncircumstances manifesting a voluntary and complete renunciation of his\ncriminal purpose, the defendant prevented the commission of such crime.\n 5. A renunciation is not "voluntary and complete" within the meaning\nof this section if it is motivated in whole or in part by (a) a belief\nthat circumstances exist which increase the probability of detection or\napprehension of the defendant or another participant in the criminal\nenterprise, or which render more difficult the accomplishment of the\ncriminal purpose, or (b) a decision to postpone the criminal conduct\nuntil another time or to transfer the criminal effort to another victim\nor another but similar objective.\n
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