2021 Colorado Code
Title 18 - Criminal Code
Article 2 - Inchoate Offenses
Part 4 - Renunciation and Abandonment
§ 18-2-401. Nonavailability of Defenses

1. Renunciation and abandonment are not voluntary and complete so as to be a defense to prosecution under this article if they are motivated in whole or in part by:
   1. A belief that a circumstance exists which increases the probability of detection or apprehension of the defendant or another or which makes more difficult the consummation of the crime; or
   2. A decision to postpone the crime until another time or to substitute another victim or another but similar objective.

History. Source: L. 71: R&RE, p. 417, § 1. C.R.S. 1963: § 40-2-401 .

Where defense of abandonment available in attempt cases. Even though the crime of attempt is complete once the actor intentionally takes a substantial step towards the commission of the crime, the affirmative defense of abandonment is present if he thereafter voluntarily renunciates his criminal intent. People v. Johnson, 41 Colo. App. 220, 585 P.2d 306 (1978).

A defendant cannot abandon and renounce the crimes charged after they are completed. People v. Mason, 642 P.2d 8 (Colo. 1982); People v. Jacobs, 91 P.3d 438 (Colo. App. 2003).

Abandonment is no defense to completed crime of criminal mischief. People v. Johnson, 41 Colo. App. 220, 585 P.2d 306 (1978).

To present an affirmative defense for abandonment to the jury, defendant must present “some credible evidence” on the issue of the claimed defense. It is not necessarily the case, however, that the defense of abandonment is not available once defendant has injured the victim. O'Shaughnessy v. People, 2012 CO 9, 269 P.3d 1233.