Haw. Rev. Stat. § 710-1029

Current through Act 7 of the 2024 Legislative Session

Section 710-1029 - Hindering prosecution in the first degree

(1) A person commits the offense of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a class A, B, or C felony or murder in any degree, the person renders assistance to the other person.

(2) Hindering prosecution in the first degree is a class C felony.

HRS § 710-1029

L 1972, c 9, pt of §1; am L 1997, c 149, §6

SUPPLEMENTAL COMMENTARY ON §§ 710-1028 TO 1030

Act 149, Session Laws 1997, amended § 710-1029 to provide that a person commits the offense of hindering prosecution in the first degree if with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for murder in any degree, the person renders assistance to the other person. The legislature found that the offense of murder warrants punishment that is sufficient to fit the grave consequences of the crime. Senate Standing Committee Report No. 1600.

Although there was insufficient evidence to support a conviction for hindering prosecution in the first degree, there was sufficient evidence adduced to convict petitioner of the lesser included offense of hindering prosecution in the second degree under § 710-1030; evidence was adduced that petitioner used physical force to prevent the officers from pursuing petitioner's son, the officers were acting under the color of law, and the officers informed petitioner that they were seeking to arrest son, which was sufficient evidence that petitioner was aware of the attendant circumstance that son was being apprehended for "a crime". 121 H. 74, 214 P.3d 613. Where there was no evidence presented that petitioner was aware of the attendant circumstance that petitioner's son committed a felony, there was an insufficient basis for petitioner's conviction of a felony under this section.121 Haw. 74,214 P.3d 613.