In a prosecution for criminal conspiracy, it shall be an affirmative 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 conspiracy.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1982–2021 · leading case:
State v. Manchester, 331 N.W.2d 776 (Neb. 1983).
State v. Manchester, 331 N.W.2d 776 (Neb. 1983).
· cites it 2× “See Neb. Rev. Stat. §28-203 (Reissue 1979). The defense, however, was limited to the crime of conspiracy under § 28-202, and did not include criminal attempt, § 28-201.”
State v. Schmidt, 327 N.W.2d 624 (Neb. 1982).
· cites it 2× “See Neb. Rev. Stat. § 28-203 (Reissue 1979). The defense, however, was limited to the crime of conspiracy under § 28-202, and did not include criminal attempt, § 28-201.”
State v. Harden (Neb. Ct. App. 2021).
· cites it 2× “Neb. Rev. Stat. § 28-203 (Reissue 2016) provides for the renunciation of criminal intent as an affirmative defense: In a prosecution for criminal conspiracy, it shall be an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete…”
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