---
title: O.C.G.A. § 16-4-5. Abandonment of effort to commit a crime as an affirmative defense.
collection: code
id: 16-4-5
cite_as: O.C.G.A. § 16-4-5 (2025)
canonical_url: https://georgiacommons.org/code/16-4-5
md_url: https://georgiacommons.org/code/16-4-5.md
text_url: https://georgiacommons.org/code/16-4-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch1-6-(v14)-2019-pdf.pdf?sfvrsn=af47a366_0#page=386
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-4.md
previous: https://georgiacommons.org/code/16-4-4.md
next: https://georgiacommons.org/code/16-4-6.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION
---

# O.C.G.A. § 16-4-5. Abandonment of effort to commit a crime as an affirmative defense.

(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.

## History

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