Also known as: abandon · abandons · abandoned · abandoning · relinquishment · desertion
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The intentional relinquishment of a legal right or interest demonstrated by conduct showing no intent to reclaim it.
The intentional relinquishment of a legal right or interest demonstrated by conduct showing no intent to reclaim it.
Select any source to read its text and confirm it supports the definition.
An affirmative defense to attempt when the actor voluntarily and completely renounces the criminal purpose after taking substantial steps.
Select any source to read its text and confirm it supports the definition.
An affirmative defense to attempt when the actor voluntarily and completely renounces the criminal purpose after taking substantial steps.
Each sense below has its own examples, sources, and questions.
Anthony Archer takes copper wiring from a vacant warehouse that has stood empty and unmaintained for years. Because the owner had intentionally relinquished all interest, Anthony raises the affirmative defense that the structure was abandoned under the Model Penal Code.
Aaron Adams enters an empty warehouse to steal copper wiring. Because the structure had been abandoned for years with no owner maintaining it, he raises the affirmative defense to burglary under the Model Penal Code.
Audrey Ashton stops using a recorded access easement across her neighbor's land and builds a permanent fence blocking the path. Her conduct indicates intentional relinquishment, extinguishing the easement under property law.
Alexis Archer and friends gather in a vacant home filled with drug paraphernalia and no furniture. Officers infer from the abandoned condition that the gathering is unauthorized and arrest for unlawful entry.
Alan Ackerman has not contacted or supported his child for over a year despite knowing of the child's existence. The court waives his consent to adoption on grounds of abandonment after notice and hearing.
Apex Dynamics ceases operating a nonconforming manufacturing plant and removes all equipment. After the statutory period of nonuse, the vested right to continue the use is lost through abandonment.
Physical actions such as building a permanent obstruction or long-term cessation of use combined with statements or circumstances indicating permanent relinquishment satisfy the intent element.
Supporting sources
Consent may be waived after notice and hearing if the parent has willfully failed to contact or support the child for the statutory period and withholding consent would be contrary to the child's best interests.
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The owner loses the vested right by ceasing the use for the statutory period with intent not to resume, or in some jurisdictions through amortization ordinances.
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No. Once the defendant has taken an overt act beyond mere preparation, abandonment or withdrawal does not negate liability for attempt.
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The actor must abandon the effort for reasons other than increased risk of detection or difficulty and must fully renounce rather than postpone or shift to a similar crime.
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…relief has been proposed.[^maj-21] If only a question of statutory construction were involved, we should not be prepared to abandon a doctrine so widely applied throughout nearly a century.[^maj-22] But the unconstitutionality of the course pursued has now been made clear and compels us to do so. Third. Except in…