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HI · jury_instructions

Haw. Pattern Jury Instr. (Criminal) 14.07A

Renunciation of Conspiracy H.R.S. § 705-530(3), (4)

activein force · 2026-08-20 – presentas-observed

H.R.S. § 705-530(3), (4) and (5)

In a prosecution for criminal conspiracy, it is an

affirmative defense that the Defendant, under circumstances

manifesting a voluntary and complete renunciation of his/her

criminal intent, [gives timely warning to law-enforcement

authorities] [makes a reasonable effort to prevent the conduct

or result which is the object of the conspiracy].

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
16c0a10763df6ae4c8fe7aaa61d8df947613d2da4e878f224b5fb6c366fc9277
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