§710-1018

Securing the proceeds of an offense

Public corruption · Chapter 710 — Offenses Against Public Administration · Part II. Obstruction of Public Administration

(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]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 1972, c 9, pt of §1; am L 1997, c 149, §5]

Cross references, commentary & case notes

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.

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