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CRM 1000-1499

1091. Affirmative Defense to Solicitation-- Renunciation

Section 373(b) provides for an affirmative defense of renunciation. The defendant bears the burden of proving, by a preponderance of the evidence, that he/she voluntarily and completely abandoned his/her criminal intent and that he/she actually prevented the commission of the crime solicited. To be voluntary and complete, the renunciation must not be motivated by a decision to postpone the crime or substitute another victim or objective. In addition, the defendant must actually prevent the crime; a mere effort or attempt to prevent the crime is not sufficient to meet the requirements of the defense.

[updated January 1998] [cited in JM 9-60.500]