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One potential affirmative defense to conspiracy is renunciation. Similar to voluntary abandonment in attempt, renunciation can operate as a defense to conspiracy in some jurisdictions if the defendant completely and voluntarily renounces the conspiracy. 1 The renunciation must also thwart the crime that is the object of the conspiracy. The Model Penal Code allows the defense and provides, “It is an affirmative defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose” (Model Penal Code § 5.03(6)).
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