2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 4. DEFENSES TO CRIMINAL LIABILITY
§ 477. Organized crime; renunciation.
(a) It is an affirmative defense to a prosecution under § 1503 of this title, that under circumstances manifesting a voluntary and complete renunciation of the criminal objective, the defendant withdrew from the proposed or intended unlawful activity before the commission of an offense set forth in Chapter 15 of this title; and that such person took further affirmative action that, in whole or in part, prevented the commission of the offense.
(b) Renunciation is not “voluntary,” if it is motivated in whole or in part:
(1) By circumstances not present or apparent at the inception of the defendant's course of conduct that increased the probability of detection or apprehension, or that made more difficult the accomplishment of the objective; or
(2) By a decision to postpone the criminal conduct until another time, or to transfer the criminal act to another (but similar) objective or victim.
(c) Evidence that the defendant withdrew from the unlawful activity before commission of an offense set forth in Chapter 15 of this title, and made substantial effort to prevent the commission of an offense under that chapter, shall be admissible as mitigation at the hearing on punishment if such person has been found guilty; and in the event of a finding of renunciation under this section, the punishment of such person shall be less than that which would otherwise be imposed. The Court shall determine the extent and genuineness of the renunciation, and determine the reduction.
65 Del. Laws, c. 493, § 2; 70 Del. Laws, c. 186, § 1;
