Conn. Crim. Jury Instr. 3.1-2

Note: This instruction should be narrowly tailored with regard to the evidence presented in

the case. Before giving this instruction, the court should instruct on § 53a-8 as it applies to

the particular offense. The court should bear in mind its authority to direct the state to be

more specific in the factual basis of the allegation.

There has been some evidence presented with regard to the defense of renunciation of criminal

purpose. The defendant claims that (he/she) terminated (his/her) complicity before (his/her)

actions violated the law. The statute defining this defense reads in pertinent part as follows:

it shall be a defense that the defendant terminated (his/her) 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/her) criminal purpose.

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.

It is necessary that the defendant both repudiate (his/her) prior aid and deprive that aid of

effectiveness. A mere change of heart or flight from the crime scene does not establish the

defense of renunciation.

The defendant has no burden of proof whatsoever with respect to this defense. The state has the

burden of disproving this defense beyond a reasonable doubt. In other words, the defendant is

entitled to an acquittal if the state fails to disprove beyond a reasonable doubt: 1) the defendant

voluntarily and completely renounced (his/her) criminal purpose; or that 2) the defendant,

through (his/her) voluntary and complete renunciation, deprived the aid of its effectiveness in the

commission of the crime.

1 General Statutes § 53a-10 (b).