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KRS 506.060

Criminal solicitation or conspiracy -- Defense of renunciation

Applied in 3 court decisions — leading case Gabow v. Commonwealth (2000)

Most recently applied in Commonwealth v. Nee (October 2010)

Effective: January 1, 1975 History: Created 1974 Ky

How often courts cite this section

1977198019902000201010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In any prosecution for criminal solicitation or criminal conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant prevented the commission of the crime.

(2) A renunciation is not "voluntary and complete" within the meaning of this section when it is motivated in whole or in part by:

(a) A belief that circumstances exist which pose a particular threat of apprehension or detection 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 object.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.