(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).
Cited. 176 C. 451. Defendant is entitled, as matter of law, to a theory of defense instruction when evidence under section is before jury. 178 C. 704. Cited. 204 C. 240; 209 C. 75; 225 C. 270; 242 C. 409.
Cited. 22 CA 216; 40 CA 526.
Structure Connecticut General Statutes
Chapter 951 - Penal Code: Statutory Construction; Principles of Criminal Liability
Section 53a-4. - Saving clause.
Section 53a-5. - Criminal liability; mental state required.
Section 53a-6. - Effect of ignorance or mistake.
Section 53a-7. - Effect of intoxication.
Section 53a-8. - Criminal liability for acts of another.
Section 53a-12. - Defenses; burden of proof.
Section 53a-13. - Lack of capacity due to mental disease or defect as affirmative defense.
Section 53a-14. - Duress as defense.
Section 53a-15. - Entrapment as defense.
Section 53a-16. - Justification as defense.
Section 53a-16a. - Affirmative defense in certain situations involving firearms; exceptions.
Section 53a-16b. - Affirmative defense of coparticipant to offense with firearm.
Section 53a-17. - Conduct required or authorized by law or judicial decree.
Section 53a-18. - Use of reasonable physical force or deadly physical force generally.
Section 53a-19. - Use of physical force in defense of person.
Section 53a-20. - Use of physical force in defense of premises.
Section 53a-21. - Use of physical force in defense of property.
Section 53a-22. - Use of physical force in making arrest or preventing escape.
Section 53a-23. - Use of physical force to resist arrest not justified.