Withdrawal

Withdrawal: a weaker form of Renunciation. Stops conspiracy liability going forward, but does not undo what is already done.

Effect

  • ∆ is still guilty of conspiracy.
  • ∆ is still guilty of crimes already committed by ∆ or co-conspirators before withdrawal.
  • ∆ is not liable for future crimes by co-conspirators (Pinkerton liability cut off prospectively).

Requirements

  • Common Law: ∆ must take affirmative action to announce withdrawal to the other conspirators with enough time for them to abandon the conspiracy.
    • Some jurisdictions require ∆ to thwart the conspiracy.
  • MPC § 5.03(7)(c): ∆ must:
    • Advise those with whom ∆ conspired of his abandonment, OR
    • Inform law enforcement of the existence of the conspiracy and ∆'s participation.

Compare with Renunciation

  • Renunciation = complete defense (MPC); requires thwarting + voluntariness + completeness.
  • Withdrawal = partial; cuts off future liability only.