420.Withdrawal From Conspiracy
The defendant is not guilty of conspiracy to commit
<insert target offense> if (he/she) withdrew from the alleged conspiracy
before any overt act was committed. To withdraw from a conspiracy,
the defendant must truly and affirmatively reject the conspiracy and
communicate that rejection, by word or by deed, to the other members
of the conspiracy known to the defendant.
[A failure to act is not sufficient alone to withdraw from a conspiracy.]
[If you decide that the defendant withdrew from a conspiracy after an
overt act was committed, the defendant is not guilty of any acts
committed by remaining members of the conspiracy after (he/she)
The People have the burden of proving beyond a reasonable doubt that
the defendant did not withdraw from the conspiracy [before an overt
act was committed]. If the People have not met this burden, you must
ﬁnd the defendant not guilty of conspiracy. [If the People have not met
this burden, you must also ﬁnd the defendant not guilty of the
additional acts committed after (he/she) withdrew.]
New January 2006; Revised December 2008
The court has a sua sponte duty to give this instruction if there is evidence that the
defendant attempted to withdraw from the conspiracy.
• Withdrawal From Conspiracy as Defense. People v. Crosby (1962) 58 Cal.2d
713, 731 [25 Cal.Rptr. 847, 375 P.2d 839].
• Ineffective Withdrawal. People v. Sconce (1991) 228 Cal.App.3d 693, 701
[279 Cal.Rptr. 59]; People v. Beaumaster (1971) 17 Cal.App.3d 996, 1003 [95
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Elements, § 92.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,
Conspiracy, Solicitation, and Attempt, § 141.02,  (Matthew Bender).
421–439. Reserved for Future Use