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HAWJIC 12.14
HINDERING PROSECUTION IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 722
Statutes:§710-1030
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Hindering Prosecution in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant rendered assistance to another person; and
2. That the Defendant did so with the intent to hinder the [apprehension] [prosecution] [conviction] [punishment] of that person for a crime.
"Renders assistance" means:
(1) Harboring or concealing another person;
(2) Warning another person of impending discovery, apprehension, prosecution, or conviction, except this does not apply to a warning given in connection with an effort to bring another person into compliance with the law;
(3) Providing another person with money, transportation, weapon, disguise, or other means of avoiding discovery, apprehension, prosecution, or conviction;
(4) Preventing or obstructing, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution, or conviction of another person; or
(5) Suppressing by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of another person.
HINDERING PROSECUTION IN THE SECOND DEGREE: H.R.S. § 710-1030
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Hindering Prosecution in the Second Degree. A person commits the offense of Hindering Prosecution in the Second Degree if he/she, with the intent to hinder the
[apprehension] [prosecution] [conviction] [punishment] of another person for a crime, renders assistance to that person.
There are two material elements of the offense of Hindering Prosecution in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:
1. That, on or about (date) in the [City and] County of (name of county), the Defendant rendered assistance to another person; and
2. That the Defendant did so with the intent to hinder the [apprehension] [prosecution] [conviction] [punishment] of that person for a crime.
"Renders assistance" means:
(1) Harboring or concealing another person;
(2) Warning another person of impending discovery, apprehension, prosecution, or conviction, except this does not apply to a warning given in connection with an effort to bring another person into compliance with the law;
(3) Providing another person with money, transportation, weapon, disguise, or other means of avoiding discovery, apprehension, prosecution, or conviction;
(4) Preventing or obstructing, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution, or conviction of another person; or
(5) Suppressing by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of another person.
Notes H.R.S. §§ 710-1030, 702-206(1). For definition of states of mind, see instruction: For definition of "crime", see H.R.S. § 701-107(1).
Verify against the current official HAWJIC compendium.