The Illustrated Guide to Criminal Law
Chapter 10: We’ll All Go Down Together
Conspiracy pg 29: Withdrawal Pains
Is it possible to get out of a conspiracy without getting in trouble? Is it like an attempt that’s defined closer to the idea than the offense, or is it a completed offense from the moment of an agreement?
Judge Bahr asking the reader
JUDGE BAHR
Yeah, what if I had withdrawn from the conspiracy before the heist took place?
You should know better than that, Judge. The crime of Conspiracy was complete as soon as you agreed to take part.
However, you won’t be liable for any substantive crimes committed by the conspirators after your withdrawal.
* In some states that apply the Model Penal Code, you’d have a defense if you voluntarily renounced your criminal purpose and called the cops on your ex-conspirators or otherwise thwarted their scheme.
