§710-1029

Hindering prosecution in the first degree

Public corruption · Chapter 710 — Offenses Against Public Administration · Part III. Escape and Other Offenses Related to

(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. [L 1972, c 9, pt of §1; am L 1997, c 149, §6]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

HAWJIC 12.13HINDERING PROSECUTION IN THE FIRST DEGREE

Source / Amendment history

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

Cross references, commentary & case notes

Case Notes 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 (2009). 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 H. 74, 214 P.3d 613 (2009).

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