§710-1030  Hindering prosecution in the
second degree.  (1)  A person commits the offense of hindering prosecution
in the second degree if, with the intent to hinder the apprehension,
prosecution, conviction, or punishment of another for a crime, he renders
assistance to such person.



(2)  Hindering prosecution in the second degree
is a misdemeanor. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §§710-1028 TO 1030



 



  These sections, along with §§710-1013 (compounding) and
710-1018 (securing the proceeds of an offense), would have been treated at
common law under the heading of accessory after the fact.  However, in keeping
with the philosophy stated in those earlier sections, liability for conduct
relating to an offense which has already been consummated ought to be
determined more with regard to the dangerousness of the particular post-offense
acts involved than with regard to the dangerousness of the prior substantive
offense.  Thus, the conduct involved in these sections is treated sui generis
as a form of obstructing justice.  The offense of hindering prosecution focuses
on the fact that the real danger involved in such conduct is that of subverting
or obstructing the administration of justice.[1]  The particular nature of the
prior offense is important only to the extent that it is an index of the
general gravity which the associated obstruction represents.  However, the
gravity of the obstruction is not necessarily equivalent with the gravity of
the prior offense.  The Code incorporates this index, to the extent that it has
value, by relating the crime which the person assisted has committed to the
grading of §§710-1029 and 1030.



  The underlying conduct involved in these sections is that of
rendering assistance to another.  Such assistance is defined in terms of
attempts to evade or impede justice at any stage of the apprehension,
prosecution, conviction, or punishment of a potential or actual offender. 
Where the underlying offense is a class A, B or C felony, hindering prosecution
is a class C felony.  Where the underlying offense is a misdemeanor or petty
misdemeanor, or where culpability on the part of the other with respect to
class or grade of the underlying cause cannot be proved, hindering prosecution
is a misdemeanor.



  Previous Hawaii law had no specific provisions equivalent to
these sections.  Conduct covered by these sections would have been covered, in
part, under the former sections relating to principals and accessories,[2] or
escape.[3]  Prior coverage was spotty and inconsistent.  For instance, the
accessory section provided no liability for acts of concealment where the
underlying offense was not punishable by imprisonment for five years or
more.[4]  Where an escapee was concealed or harbored, the offense was a
misdemeanor[5] notwithstanding the fact that the escape was punishable, under
prior law, by only a three-year term.



  The Code attempts to treat the offense of hindering
prosecution in a general manner rather than on an ad hoc basis.  Hindering the
apprehension of an escapee is not treated separately; escape being an offense,
one who hinders the apprehension of an escapee would come within the coverage
of §710-1030.  Because the conduct is treated generally, its coverage is more
complete and the gradation of offenses more rational than under prior law.



 



SUPPLEMENTAL COMMENTARY ON §§710-1028 TO 1030



 



  The Code differs from the Proposed Draft in that the offense
of hindering prosecution in the first degree includes assistance rendered in
connection with a class C felony, as well as class A and B felonies.



  Act 149, Session Laws of 1997, amended this section 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.



 



__________



§§710-1028 To 1030 Commentary:



 



1.  See M.P.C., Tentative Draft No. 9, comments at 195 (1959).



 



2.  H.R.S., Chapter 704.



 



3.  Id. §740-3.



 



4.  Id. §704-5.



 



5.  Id. §740-3.