Del. P.J.I. Crim. No. 11.541(a)

SOLICITATION/CONSPIRACY [RENUNCIATION]

In this case, the evidence indicates the crime [solicited/contemplated by the

conspiracy] was not actually committed. Defendant has asserted as an affirmative

defense that, through conduct showing a voluntary and complete renunciation of

criminal purpose, Defendant prevented the commission of the crime.

Defendant has the burden of proving this affirmative defense to your

satisfaction by a preponderance of the evidence. The State has no burden to

present any evidence on this matter. After considering all the evidence tending to

support the existence of the defense, you should determine whether that evidence

makes it more likely than not that each element of the affirmative defense existed.

If you find this affirmative defense is established by a preponderance of the

evidence, you must return a verdict of not guilty of [charge].

Even if Defendant has not met the burden of proving this particular

affirmative defense, you must acquit Defendant if you find that the State has not

met its burden of proving its case beyond a reasonable doubt.

“Renunciation” is not “voluntary and complete” if motivated by a belief

there is an increased likelihood Defendant or another participant will be

discovered or caught. A decision to postpone the criminal conduct until another

time, another victim, or another but similar objective is not a renunciation of

criminal purpose.