(1) In any prosecution for criminal attempt to commit a crime, it is a defense that, under
circumstances manifesting a voluntary and complete renunciation of his criminal
purpose, the defendant abandoned his effort to commit the crime and, if mere
abandonment was insufficient to avoid the commission of the crime, took the
necessary affirmative steps to prevent its commission.
(2) 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 pose a particular threat of
apprehension or detection of the accused 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 object.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 50, effective January 1, 1975.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1978–2023 · leading case:
Brown v. Commonwealth, 253 S.W.3d 490 (Ky. 2008).
Brown v. Commonwealth, 253 S.W.3d 490 (Ky. 2008).
· cites it 2× “020 (“it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment was insufficient to avoid the commission of the crime, took the necessary…”
Price v. Commonwealth, 31 S.W.3d 885 (Ky. 2000).
· cites it 2× “Under the totality of these circumstances, there was no abuse of discretion in using a hybrid method which protected Appellant's constitutional rights.”
Tipton v. Commonwealth, 640 S.W.2d 818 (Ky. 1982).
· cites it 2× “’ See KRS 506.020. Evidence of renunciation by Tipton, on the other hand, is very weak.”
Wyatt v. Commonwealth, 219 S.W.3d 751 (Ky. 2007).
· cites it 2× “KRS 506.020(2) does address this issue, but only with respect to the inchoate crime of conspiracy.”
Tribbett v. Commonwealth, 561 S.W.2d 662 (Ky. 1978).
“He relies on the defense of renunciation of a criminal attempt set forth in KRS 506.020. Such reliance is totally misplaced.”
Anthony Ball v. Commonwealth of Kentucky (Ky. 2019).
· cites it 2× “Under that provision, a defendant charged with attempt to commit a crime may present a defense that “under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment was…”
Karen Brown v. Commonwealth of Kentucky (Ky. 2008).
· cites it 2× “KRS § 506.020 ("it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment 19 was insufficient to avoid the commission of the crime, took the…”
— Ky. Rev. Stat. § 506.020(1) — 3 cases
Price v. Commonwealth, 31 S.W.3d 885 (Ky. 2000).
“Under the totality of these circumstances, there was no abuse of discretion in using a hybrid method which protected Appellant's constitutional rights.”
Anthony Ball v. Commonwealth of Kentucky (Ky. 2019).
“Under that provision, a defendant charged with attempt to commit a crime may present a defense that “under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment was…”
— Ky. Rev. Stat. § 506.020(2) — 1 case
Wyatt v. Commonwealth, 219 S.W.3d 751 (Ky. 2007).
“KRS 506.020(2) does address this issue, but only with respect to the inchoate crime of conspiracy.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.