CA · jury_instructions
CALCRIM No. 420
Withdrawal From Conspiracy
The defendant is not guilty of conspiracy to commit <insert
target offense> if (he/she) withdrew from the alleged conspiracy before
any overt act was committed. To withdraw from a conspiracy, the
defendant must truly and affirmatively reject the conspiracy and
communicate that rejection, by word or by deed, to the other members
of the conspiracy known to the defendant.
[A failure to act is not sufficient alone to withdraw from a conspiracy.]
[If you decide that the defendant withdrew from a conspiracy after an
overt act was committed, the defendant is not guilty of any acts
committed by remaining members of the conspiracy after (he/she)
withdrew.]
The People have the burden of proving beyond a reasonable doubt that
the defendant did not withdraw from the conspiracy [before an overt act
was committed]. If the People have not met this burden, you must find
the defendant not guilty of conspiracy. [If the People have not met this
burden, you must also find the defendant not guilty of the additional acts
committed after (he/she) withdrew.]
New January 2006; Revised December 2008
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
4ee0cee7d227dd4d43982653a5b8b294b3f9c93e98b20ac7142355d8c7fc39c5
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