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2023 CODE OF GEORGIA
Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10)
Chapter 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION (§§ 16-4-1 — 16-4-10)
Section 16-4-5 - Abandonment of effort to commit a crime as an affirmative defense
Universal Citation:
GA Code § 16-4-5 (2023)
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- (a) 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.
- (b) A renunciation of criminal purpose is not voluntary and complete if it results from:
- (1) 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
- (2) A decision to postpone the criminal conduct until another time.
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