It is a defense to the charge of aiding and abetting that a person abandoned the commission of the alleged crime. However, the responsibility of one who has aided and abetted in the commission of a crime, or engaged in a criminal undertaking, does not cease unless, within time to prevent the commission of the contemplated act, he/she has done everything practicable to prevent its consummation. It is not enough that he/she may have changed his/her mind, and tried when too late to avoid responsibility. He/she will be liable if he/she fails within time to let the other party/parties know of his/her withdrawal, and unless he/she does everything in his/her power to prevent the commission of the crime.

Committee Comments

In Daniels v. State, 558 P.2d 405 (Okl. Cr. 1977), the Court of Criminal Appeals stated: "While the law on abandonment of a crime is not developed at length in Oklahoma, it is established that it takes more than a change of mind to exonerate the defendant." Id. at 411.

The Court quoted a passage from People v. King, 30 Cal. App. 2d 185, 85 P.2d 928 (1938), which was deemed to be an excellent statement of the law. The instruction submitted restates that passage. See also Collins v. State, 561 P.2d 1373 (Okl. Cr.), cert. denied, 434 U.S. 906 (1977).

(2000 Supp.)