A. In a prosecution for attempt, conspiracy or facilitation, it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result which is the object of the attempt, conspiracy or facilitation.
B. In a prosecution for solicitation, it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent completed both of the following acts:
1. Notified the person solicited.
2. Gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result solicited.
C. A renunciation is not voluntary and complete within the meaning of this section if it is motivated in whole or in part by:
1. A belief that circumstances exist which increase the probability of immediate detection or apprehension of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or
2. A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim, place or another but similar objective.
D. A warning to law enforcement authorities is not timely within the meaning of this section unless the authorities, reasonably acting upon the warning, would have the opportunity to prevent the conduct or result. An effort is not reasonable within the meaning of this section unless the defendant makes a substantial effort to prevent the conduct or result.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1983–2024 · leading case:
State v. Hanson, 674 P.2d 850 (Ariz. Ct. App. 1983).
State v. Hanson, 674 P.2d 850 (Ariz. Ct. App. 1983).
· cites it 4× “A.R.S. § 13-1005(A) provides a defense to a charge of attempted robbery when the defendant made a voluntary and complete renunciation of his criminal intent and made a reasonable effort to prevent the result which was the object of the attempt.”
Date v. Schriro, 619 F. Supp. 2d 736 (D. Ariz. 2008).
· cites it 2× “Thus, because Arizona’s statute governing conspiracy to commit first-degree murder also, required the defendant to have the requisite intent to commit the crime, the Arizona Court of Appeals drew an analogy between the two statutes to find that conditional intent satisfied the…”
State v. Lynch, 2005 MT 337 (Mont. 2005).
“We acknowledge that, like Arizona, several states have enacted statutes setting forth “voluntary” and “complete” renunciation as an affirmative defense to a charge of solicitation.”
State v. Trevino (Ariz. Ct. App. 2024).
· cites it 2× “” A.R.S § 13-1005(A). Trevino testified that he withdrew from the conspiracy to commit armed robbery when he told Sergeant Sanchez he could not complete the robbery because he could not obtain the guns needed to complete it.”
— Ariz. Rev. Stat. § 13-1005(A) — 2 cases
State v. Hanson, 674 P.2d 850 (Ariz. Ct. App. 1983).
“A.R.S. § 13-1005(A) provides a defense to a charge of attempted robbery when the defendant made a voluntary and complete renunciation of his criminal intent and made a reasonable effort to prevent the result which was the object of the attempt.”
State v. Trevino (Ariz. Ct. App. 2024).
“” A.R.S § 13-1005(A). Trevino testified that he withdrew from the conspiracy to commit armed robbery when he told Sergeant Sanchez he could not complete the robbery because he could not obtain the guns needed to complete it.”
— Ariz. Rev. Stat. § 13-1005(C) — 1 case
State v. Hanson, 674 P.2d 850 (Ariz. Ct. App. 1983).
“A.R.S. § 13-1005(A) provides a defense to a charge of attempted robbery when the defendant made a voluntary and complete renunciation of his criminal intent and made a reasonable effort to prevent the result which was the object of the attempt.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.