What happens when a solicitor, co-conspirator, or attempter changes his mind?
MBE: Withdrawal is NOT a defense.
- Exception: Once Defendant withdraws from a CONSPIRACY, he will no longer be vicariously liable for crimes committed by his co-conspirators after he left the conspiracy. However, he is still guilty of conspiracy and of all foreseeable crimes committed by co-conspirators PRIOR to his withdrawal.
NY: Withdrawal can be a defense, but only if
(1) the Defendant completely and voluntarily renounces the solicitation, conspiracy, or attempt, AND
(2) the renunciation is based on a "change of heart," not a fear of failing or being caught