2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 4 - Criminal Attempt, Conspiracy, and Solicitation
§ 16-4-5. Abandonment of Effort to Commit a Crime as an Affirmative Defense
- When a person's conduct would otherwise constitute an attempt to commit a crime under Code Section 16-4-1, it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.
- A renunciation of criminal purpose is not voluntary and complete if it results from:
- A belief that circumstances exist which increase the probability of detection or apprehension of the person or which render more difficult the accomplishment of the criminal purpose; or
- A decision to postpone the criminal conduct until another time.
(Code 1933, § 26-1003, enacted by Ga. L. 1968, p. 1249, § 1.)RESEARCH REFERENCES
Withdrawal From or Abandonment of Criminal Enterprise, 8 POF2d 231.C.J.S.
- 22 C.J.S., Criminal Law: Substantive Principles, § 152.ALR.
- Attempt to conceal or dispose of body as evidence connecting accused with homicide, 2 A.L.R. 1227.
What constitutes attempted murder, 54 A.L.R.3d 612.