§710-1018  Securing the proceeds of an
offense.  (1)  A person commits the offense of securing the proceeds of an
offense if, with intent to assist another in profiting or benefiting from the
commission of a crime, he aids the person in securing the proceeds of the
crime.



(2)  Securing the proceeds of an offense is a
class C felony if the person assisted committed a class A or B felony or murder
of any degree; otherwise it is a misdemeanor. [L 1972, c 9, pt of §1; am L
1997, c 149, §5]



 



COMMENTARY ON §710-1018



 



  This section is aimed at persons who aid others to accomplish
the unlawful objects of their crimes, for example, by safeguarding the proceeds
thereof or converting the proceeds into a negotiable form.  The actor need not
have the intent to hinder prosecution required under §§710-1029 and 1030.  As
the Model Penal Code commentary points out, there would be "a certain
artificiality in proceeding on the theory of obstruction of justice [by
hindering prosecution] against one who has really linked himself to the
principal offense, and whose interest in frustrating detection is bound to be
as much for himself as others."[1]



  Previous Hawaii law was more limited than the Code and dealt
only with receiving stolen goods.[2]  The Code deals with all acts of securing
the proceeds of an offense.



 



SUPPLEMENTAL COMMENTARY ON §710-1018



 



  Act 149, Session Laws 1997, amended this section to provide
that securing the proceeds of an offense is a class C felony if the person
assisted, committed murder of any degree.  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.



 



__________



§710-1018 Commentary:



 



1.  M.P.C., Tentative Draft No. 9, comments at 202 (1959).



 



2.  H.R.S., Chapter 761.