HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 14.05
Renunciation of Attempt H.R.S. § 705-530(1), (4) and
H.R.S. § 705-530(1), (4) and (5)
In a prosecution for criminal attempt, it is an affirmative
defense that the Defendant, under circumstances manifesting a
voluntary and complete renunciation of his/her criminal intent,
[gives a timely warning to law enforcement authorities] [makes a
reasonable effort to prevent the conduct or result which is the
object of the attempt].
A "renunciation" is not "voluntary and complete" 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 accused 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.
[A "warning to law-enforcement authorities" is not "timely"
within the meaning of this section unless the authorities,
reasonably acting upon the warning, would have the opportunity
to prevent the conduct or result.] [An effort is not
"reasonable" within the meaning of this section unless the
Defendant, under reasonably foreseeable circumstances, would
have prevented the conduct or result.]
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
5db3fd4f934841ca31dd1af61e826574087cbdb299f7a6db7d55c12b5d51aee0
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