Indiana Judges Association (IJA) (2017)


Instruction No. 10.1800. Abandonment.

I.C. 35-41-3-10.

It is a defense to a charge of [aiding, inducing, or causing an offense] [attempt] [conspiracy] that the Defendant abandoned [his] [her] effort to commit the [insert name of crime attempted, conspired to, or aided] and prevented its commission.

To constitute a valid defense, the abandonment must have been a complete and voluntary giving up of the criminal purpose. The abandonment was not voluntary if motivated:

1) in whole or in part;

2) by circumstances not present or apparent when Defendant began [his] [her] course of conduct;

3) when those circumstances

a. increased the probability of detection or apprehension, or

b. made commission of the crime more difficult.

A decision to postpone the criminal conduct or to change the objective or victim does not constitute abandonment.

The State has the burden of disproving this defense beyond a reasonable doubt.