OUJI-CR 2-20


It is a defense to the crime of conspiracy that a person who has entered into an agreement to commit a crime withdraws from and abandons the agreement prior to the commission of an overt act by any party to the agreement. A withdrawal is effective only if the person withdrawing notifies all of the other parties to the agreement in a manner sufficient to inform a reasonable person of the withdrawal.


Notes on Use

This instruction should be used where withdrawal is raised as a defense to the crime of conspiracy. In contrast, where an overt act has completed the crime of conspiracy, the defendant has a defense only to subsequent substantive crimes committed in furtherance of the conspiracy under the defense of abandonment with respect to aiding and abetting the subsequent crimes. See OUJI-CR 2-7.