US-CA11 · jury_instructions
11th Cir. Pattern Jury Instr. (Criminal) O13.4
Withdrawal from a Conspiracy –
for use with General Conspiracy Charge 13.1
18 U.S.C. § 371
A conspiracy isn’t a crime unless (1) there is an agreement, and (2) a
conspirator performs an overt act.
So, if a Defendant joins a conspiracy but later has a change of mind and
withdraws from the conspiracy before any conspirator has committed an “overt
act,” the Defendant isn’t guilty of conspiracy.
But to find that a Defendant withdrew from a conspiracy, you must find that
the Defendant took action to disavow or defeat the purpose of the conspiracy
before any member of the conspiracy committed any overt act.
Provenance
- Source
- ca11.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- criminal-2025-09
- Content hash
36b69c117348df86494e817cd994085ca66e4e3037994dc124688394696efe14
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