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Official Code of Georgia Annotated

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.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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.#

  2. (b)

    A renunciation of criminal purpose is not voluntary and complete if it results from:#

    1. (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. (2)

      A decision to postpone the criminal conduct until another time.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 26-1003, enacted by Ga. L. 1968, p. 1249, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch1-6-(v14)-2019-pdf.pdf, Volume V14, 2019 edition, page 386; merge action: annotated; file SHA-256 7e331f0ca7d3.