RENUNCIATION OF CONSPIRACY

RENUNCIATION OF CONSPIRACY: H.R.S. § 705-530(3), (4) and (5) In a prosecution for criminal conspiracy, it is an affirmative defense that the Defendant, under circumstances manifesting a voluntary and complete renunciation of his/her criminal intent, [gives timely warning to law-enforcement authorities] [makes a reasonable effort to prevent the conduct or result which is the object of the conspiracy]. A "renunciation" is not "voluntary and complete" if it is motivated in whole or in part by: (a) A belief that circumstances exist which increase the probability of detection or apprehension of the accused or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or (b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective. [A "warning to law-enforcement authorities" is not "timely" within the meaning of this section unless the authorities, reasonably acting upon the warning, would have the opportunity to prevent the conduct or result.] [An effort is not "reasonable" within the meaning of this section unless the Defendant, under reasonably foreseeable circumstances, would have prevented the conduct or result.] Notes H.R.S. § 705-530(3), (4) and (5). For definition of affirmative defense, see instruction