40.10 - Renunciation.

§ 40.10 Renunciation.    1.  In any prosecution for an offense, other than an attempt to commit  a crime, in which  the  defendant's  guilt  depends  upon  his  criminal  liability  for  the conduct of another person pursuant to section 20.00,  it is an affirmative defense that,  under  circumstances  manifesting  a  voluntary  and  complete  renunciation  of  his  criminal  purpose,  the  defendant withdrew from participation  in  such  offense  prior  to  the  commission  thereof  and  made  a  substantial  effort  to  prevent  the  commission thereof.    2. In any prosecution for criminal facilitation  pursuant  to  article  one  hundred  fifteen,  it  is an affirmative defense that, prior to the  commission of the felony which he  facilitated,  the  defendant  made  a  substantial effort to prevent the commission of such felony.    3.  In  any  prosecution  pursuant to section 110.00 for an attempt to  commit a crime, it is an affirmative defense that,  under  circumstances  manifesting  a  voluntary  and  complete  renunciation  of  his criminal  purpose, the defendant avoided the commission of the crime attempted  by  abandoning his criminal effort and, if mere abandonment was insufficient  to  accomplish  such  avoidance, by taking further and affirmative steps  which prevented the commission thereof.    4. In any prosecution for criminal solicitation  pursuant  to  article  one  hundred  or  for conspiracy pursuant to article one hundred five in  which the crime solicited or the crime contemplated  by  the  conspiracy  was  not  in  fact  committed,  it is an affirmative defense that, under  circumstances manifesting a voluntary and complete renunciation  of  his  criminal purpose, the defendant prevented the commission of such crime.    5.  A  renunciation is not "voluntary and complete" within the meaning  of this section if it is motivated in whole or in part by (a)  a  belief  that  circumstances exist which increase the probability of detection or  apprehension of the defendant or another  participant  in  the  criminal  enterprise,  or  which  render  more difficult the accomplishment of the  criminal purpose, or (b) a decision to  postpone  the  criminal  conduct  until  another time or to transfer the criminal effort to another victim  or another but similar objective.