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Oregon Revised Statutes

Or. Rev. Stat. § 161.430 (2026)

Renunciation as a defense to attempt

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      161.430 Renunciation as a defense to attempt. (1) A person is not liable under ORS 161.405 if, under circumstances manifesting a voluntary and complete renunciation of the criminal intent of the person, the person avoids the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment is insufficient to accomplish this avoidance, doing everything necessary to prevent the commission of the attempted crime.

      (2) The defense of renunciation is an affirmative defense. [1971 c.743 §56]

Notes of Decisions
Cited in 9 cases, 1976–2013 · leading case: State v. Sperry, 945 P.2d 546 (Or. Ct. App. 1997).
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State v. Sperry, 945 P.2d 546 (Or. Ct. App. 1997). · cites it 2× “He argued that he had pleaded the affirmative defense of renunciation, ORS 161.430, 2 and that, even when viewed most favorably to the state, the state’s own evidence showed that defendant had renounced his criminal intentions.”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995). “, ORS 161.430; ORS 161.440; ORS 161.460; ORS 162.”
State v. Hays, 964 P.2d 1042 (Or. Ct. App. 1998). “As defendant points out, the state is *50 attempting to use his inability to prove the defense of renunciation, ORS 161.430, which if applicable would have prevented a conviction, to restrict his ability to rely on a mitigating factor that might reduce his sentence after…”
State v. Lammers, 562 P.2d 1223 (Or. Ct. App. 1977). · cites it 3× “ORS 161.430. On July 22, 1976, the victim, aged 13, who is defendant’s sister-in-law, arrived at defendant’s house at about noon to babysit for defendant’s children.”
State v. Wasson, 607 P.2d 792 (Or. Ct. App. 1980). “1 At trial, defendant’s only defense to the charge of attempted rape was renunciation, ORS 161.430(1). That statute provides: "A person is not liable under ORS 161.”
State v. Cruz-Gonzelez, 303 P.3d 983 (Or. Ct. App. 2013). “See ORS 161.430 (“A person is not liable under ORS 161.”
State ex rel. Juv. Dep't v. L J, 552 P.2d 1322 (Or. Ct. App. 1976). “: renunciation (ORS 161.430,161.440 and 161.460); in felony murder cases (ORS 163.”
State v. Johnson, 720 P.2d 1347 (Or. Ct. App. 1986). “In his petition for review defendant argued that, because renunciation is a defense to attempted robbery and not to the completed offense, ORS 161.430, and the jury was so instructed, the jury did not necessarily consider and reject that defense to attempted robbery by…”
Matter of LJ, 552 P.2d 1322 (Or. Ct. App. 1976). “: renunciation (ORS 161.430, 161.440 and 161.460); in felony murder cases (ORS 163.”
Or. Rev. Stat. § 161.430(1): 1 case
State v. Wasson, 607 P.2d 792 (Or. Ct. App. 1980). “1 At trial, defendant’s only defense to the charge of attempted rape was renunciation, ORS 161.430(1). That statute provides: "A person is not liable under ORS 161.”
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