CALCRIM No. 420. Withdrawal From Conspiracy

Judicial Council of California Criminal Jury Instructions (2022 edition)

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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)
withdrew.]
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
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction if there is evidence that the
defendant attempted to withdraw from the conspiracy.
AUTHORITY
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
Cal.Rptr. 360].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Elements, § 97.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,
Conspiracy, Solicitation, and Attempt, § 141.02[6], [7] (Matthew Bender).
421-439. Reserved for Future Use
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