Sec. 53a-10. Defense. - Connecticut Statutes

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Statutes > Connecticut > Title53a > Chap951 > Sec53a-10

      Sec. 53a-10. Defense. (a) In any prosecution in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8, it shall be a defense that the defendant terminated his complicity prior to the commission of the offense under circumstances: (1) Wholly depriving it of effectiveness in the commission of the offense, and (2) manifesting a complete and voluntary renunciation of his criminal purpose.

      (b) For purposes of this section, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

      (1969, P.A. 828, S. 10; 1971, P.A. 871, S. 3.)

      History: 1971 act deleted word "affirmative" modifying "defense" in Subsec. (a).

      See annotations to section 53a-8.

      Cited. 176 C. 451. A defendant is entitled, as matter of law, to a theory of defense instruction when evidence under this section is before jury. 178 C. 704. Cited. 204 C. 240. Cited. 209 C. 75. Cited. 225 C. 270. Cited. 242 C. 409.

      Cited. 22 CA 216. Cited. 40 CA 526.

State Codes and Statutes

Statutes > Connecticut > Title53a > Chap951 > Sec53a-10

      Sec. 53a-10. Defense. (a) In any prosecution in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8, it shall be a defense that the defendant terminated his complicity prior to the commission of the offense under circumstances: (1) Wholly depriving it of effectiveness in the commission of the offense, and (2) manifesting a complete and voluntary renunciation of his criminal purpose.

      (b) For purposes of this section, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

      (1969, P.A. 828, S. 10; 1971, P.A. 871, S. 3.)

      History: 1971 act deleted word "affirmative" modifying "defense" in Subsec. (a).

      See annotations to section 53a-8.

      Cited. 176 C. 451. A defendant is entitled, as matter of law, to a theory of defense instruction when evidence under this section is before jury. 178 C. 704. Cited. 204 C. 240. Cited. 209 C. 75. Cited. 225 C. 270. Cited. 242 C. 409.

      Cited. 22 CA 216. Cited. 40 CA 526.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title53a > Chap951 > Sec53a-10

      Sec. 53a-10. Defense. (a) In any prosecution in which the criminal liability of the defendant is based upon the conduct of another person under section 53a-8, it shall be a defense that the defendant terminated his complicity prior to the commission of the offense under circumstances: (1) Wholly depriving it of effectiveness in the commission of the offense, and (2) manifesting a complete and voluntary renunciation of his criminal purpose.

      (b) For purposes of this section, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

      (1969, P.A. 828, S. 10; 1971, P.A. 871, S. 3.)

      History: 1971 act deleted word "affirmative" modifying "defense" in Subsec. (a).

      See annotations to section 53a-8.

      Cited. 176 C. 451. A defendant is entitled, as matter of law, to a theory of defense instruction when evidence under this section is before jury. 178 C. 704. Cited. 204 C. 240. Cited. 209 C. 75. Cited. 225 C. 270. Cited. 242 C. 409.

      Cited. 22 CA 216. Cited. 40 CA 526.