New York statute
N.Y. Penal Law § 40.10 — Renunciation
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 40: Other Defenses Involving Lack of Culpability, New York Penal Law.
Full text of N.Y. Penal Law § 40.10
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
40.10 Renunciation.
1. In any prosecution for an offense, other than an attempt to commit
a crime, in which the defendant's guilt depends upon his criminal
liability for the conduct of another person pursuant to section 20.00,
it is an affirmative defense that, under circumstances manifesting a
voluntary and complete renunciation of his criminal purpose, the
defendant withdrew from participation in such offense prior to the
commission thereof and made a substantial effort to prevent the
commission thereof.
2. In any prosecution for criminal facilitation pursuant to article
one hundred fifteen, it is an affirmative defense that, prior to the
commission of the felony which he facilitated, the defendant made a
substantial effort to prevent the commission of such felony.
3. In any prosecution pursuant to section 110.00 for an attempt to
commit a crime, it is an affirmative defense that, under circumstances
manifesting a voluntary and complete renunciation of his criminal
purpose, the defendant avoided the commission of the crime attempted by
abandoning his criminal effort and, if mere abandonment was insufficient
to accomplish such avoidance, by taking further and affirmative steps
which prevented the commission thereof.
4. In any prosecution for criminal solicitation pursuant to article
one hundred or for conspiracy pursuant to article one hundred five in
which the crime solicited or the crime contemplated by the conspiracy
was not in fact committed, it is an affirmative defense that, under
circumstances manifesting a voluntary and complete renunciation of his
criminal purpose, the defendant prevented the commission of such crime.
5. A renunciation is not "voluntary and complete" within the meaning
of this section if it is motivated in whole or in part by (a) a belief
that circumstances exist which increase the probability of detection or
apprehension of the defendant 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 objective.
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