Is withdrawal a defense to conspiracy?

Is withdrawal a defense to conspiracy?

• A. Yes, always a defense.
• B. It depends on state law.
• C. No, withdrawal is not a defense, but it stops vicarious liability for crimes after leaving.
• D. It applies only to solicitation.

Answer: (C)

Conspiracy liability rests on the existence of an agreement to commit an unlawful act and each participant’s involvement in that agreement. A person’s decision to withdraw does not erase the conspiracy itself, so withdrawal is not a defense to the conspiracy charge. The important effect of withdrawing is that it ends the conspirator’s participation and can stop liability for crimes that occur after the withdrawal. In other words, you remain potentially responsible for the conspiracy that formed while you were part of it, but you won’t be responsible for future offenses committed by others in furtherance of the conspiracy once you’ve effectively left. This combination—no defense to the conspiracy itself, but protection from liability for post-withdrawal crimes—best reflects how withdrawal is treated.

Conspiracy liability rests on the existence of an agreement to commit an unlawful act and each participant’s involvement in that agreement. A person’s decision to withdraw does not erase the conspiracy itself, so withdrawal is not a defense to the conspiracy charge. The important effect of withdrawing is that it ends the conspirator’s participation and can stop liability for crimes that occur after the withdrawal. In other words, you remain potentially responsible for the conspiracy that formed while you were part of it, but you won’t be responsible for future offenses committed by others in furtherance of the conspiracy once you’ve effectively left. This combination—no defense to the conspiracy itself, but protection from liability for post-withdrawal crimes—best reflects how withdrawal is treated.