§710-1029 Hindering prosecution in the
first degree. (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]
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).
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1980–2021 · leading case:
State v. Line, 214 P.3d 613 (Haw. 2009).
State v. Line, 214 P.3d 613 (Haw. 2009).
· cites it 46× “We hold that (1) unlawful police conduct is not a defense to a charge of Hindering Prosecution in the First Degree under HRS § 710-1029, however, (2) there was insufficient evidence to sustain a conviction for such an offense in this ease, and therefore, the April 28, 2009…”
State v. Palama, 612 P.2d 1168 (Haw. 1980).
· cites it 2× “On May 31, 1978, while on probation, both appellants were jointly tried and convicted of murder under HRS § 707-701 and hindering prosecution under HRS § 710-1029, and both appealed their convictions.”
State v. Liulama, 845 P.2d 1194 (Haw. App. 1992).
· cites it 2× “1991), and Hindering Prosecution in the First Degree, HRS § 710-1029 (1985), is whether the circuit court erred in denying his pre-trial motion to suppress incriminating statements he made to police officers following his arrest under a grand jury indictment.”
State v. Lajala., 485 P.3d 80 (Haw. App. 2021).
· cites it 13× “2/ HRS § 710-1029 (2014) provides: Hindering prosecution in the first degree.”
State v. Line, 204 P.3d 500 (Haw. App. 2009).
“A jury found Line guilty of Hindering Prosecution in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 710-1029 (1) (Supp. 2008). On appeal, Line contends she had the right to refuse an unlawful intrusion by police into her home because the police had no right to…”
— Haw. Rev. Stat. § 710-1029(1) — 2 cases
State v. Line, 214 P.3d 613 (Haw. 2009).
“We hold that (1) unlawful police conduct is not a defense to a charge of Hindering Prosecution in the First Degree under HRS § 710-1029, however, (2) there was insufficient evidence to sustain a conviction for such an offense in this ease, and therefore, the April 28, 2009…”
State v. Lajala., 485 P.3d 80 (Haw. App. 2021).
“2/ HRS § 710-1029 (2014) provides: Hindering prosecution in the first degree.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.