§ 5105. Hindering apprehension or prosecution.
(a) Offense defined.--A person commits an offense if, with intent to hinder the apprehension, prosecution,
conviction or punishment of another for crime or violation of the terms of probation,
parole, intermediate punishment or Accelerated Rehabilitative Disposition, he:
(1) harbors or conceals the other;
(2) provides or aids in providing a weapon, transportation, disguise or other means of
avoiding apprehension or effecting escape;
(3) conceals or destroys evidence of the crime, or tampers with a witness, informant,
document or other source of information, regardless of its admissibility in evidence;
(4) warns the other of impending discovery or apprehension, except that this paragraph
does not apply to a warning given in connection with an effort to bring another into
compliance with law; or
(5) provides false information to a law enforcement officer.
(b) Grading.--The offense is a felony of the third degree if the conduct which the actor knows has
been charged or is liable to be charged against the person aided would constitute
a felony of the first or second degree. Otherwise it is a misdemeanor of the second
degree.
(Dec. 18, 1996, P.L.1074, No.160, eff. 60 days)
Notes of Decisions
Cited in
67
cases (
11 in the last 5 years), 1976–2025 · leading case:
Commonwealth v. Feese, 79 A.3d 1101 (Pa. Super. Ct. 2013).
Commonwealth v. Feese, 79 A.3d 1101 (Pa. Super. Ct. 2013).
· cites it 7× “§ 3927(a); one count of hindering apprehension or prosecution, 18 Pa.C.S. § 5105; one count of obstructing administration of law or other government function, 18 Pa.”
Commonwealth v. Johnson, 100 A.3d 207 (Pa. Super. Ct. 2014).
· cites it 6× “vidence insufficient to sustain the conviction of hindering apprehension or prosecution in that the Commonwealth failed to present evidence relating to the alleged warrant, and therefore it did not prove an element of the offense because it failed to demonstrate that the person…”
Commonwealth v. McClelland, 204 A.3d 436 (Pa. Super. Ct. 2019).
· cites it 2× “§ 3925 ; hindering apprehending or prosecution (HAP), 18 Pa.C.S. § 5105(a)(5) ("provides false information to a law enforcement officer"); and criminal conspiracy, 1 18 Pa.”
In Re Sullivan, 805 A.2d 71 (Ct. Jud. Disc. Pa 2003).
· cites it 3× “§ 911(b)(3) and graded as a felony 1; and Count 10: Hindering Apprehension or Prosecution, in violation of 18 Pa.C.S. § 5105 and graded as a felony 3.”
Com. v. Harrington, L., 2021 Pa. Super. 194 (Pa. Super. Ct. 2021).
· cites it 2× “18 Pa.C.S. § 5105(a). To sustain a conviction under Section 5105(a), the Commonwealth must also provide evidence of the underlying crime that prompted the official action a defendant was accused of hindering.”
Commonwealth v. Jordan, 212 A.3d 91 (Pa. Super. Ct. 2019).
“8 "Accessory after the fact" is now codified at 18 Pa.C.S. § 5105 as Hindering Apprehension or Prosecution.”
Commonwealth v. Lore, 487 A.2d 841 (Pa. 1984).
· cites it 3× “18 Pa.C.S. § 5105. Appellant asserts that the Commonwealth failed to satisfy its burden of proof by not introducing into evidence facts establishing that an earlier crime was indeed committed.”
Commonwealth v. McCabe, 498 A.2d 933 (Pa. 1985).
· cites it 6× “See 18 Pa.C.S. § 5105. [1] The charge was based, according to the information, on appellant's act of "conceal[ing] or destroy[ing] evidence of a crime, namely: a note addressed to [a co-conspirator.”
Commonwealth v. Rosario, 652 A.2d 354 (Pa. Super. Ct. 1994).
· cites it 2× “Prior to trial, however, the Commonwealth *271 caused the information to be amended by adding an additional count which charged appellant with hindering apprehension or prosecution in violation of 18 Pa.C.S. § 5105(a)(3). Pursuant to a negotiated plea agreement, appellant then…”
Commonwealth v. Hashem, 584 A.2d 1378 (Pa. 1991).
· cites it 2× “Solely on the basis of information gained through the original intercept, on December 19, 1983, Appellant was arrested and charged with Hindering Apprehension or Prosecution (18 Pa.C.S. § 5105) and Conspiracy (18 Pa.”
— 18 Pa. Cons. Stat. § 5105(4) — 1 case
— 18 Pa. Cons. Stat. § 5105(a) — 9 cases
Commonwealth v. Feese, 79 A.3d 1101 (Pa. Super. Ct. 2013).
“§ 3927(a); one count of hindering apprehension or prosecution, 18 Pa.C.S. § 5105; one count of obstructing administration of law or other government function, 18 Pa.”
Com. v. Harrington, L., 2021 Pa. Super. 194 (Pa. Super. Ct. 2021).
“18 Pa.C.S. § 5105(a). To sustain a conviction under Section 5105(a), the Commonwealth must also provide evidence of the underlying crime that prompted the official action a defendant was accused of hindering.”
— 18 Pa. Cons. Stat. § 5105(a)(1) — 13 cases
Commonwealth v. Johnson, 100 A.3d 207 (Pa. Super. Ct. 2014).
“vidence insufficient to sustain the conviction of hindering apprehension or prosecution in that the Commonwealth failed to present evidence relating to the alleged warrant, and therefore it did not prove an element of the offense because it failed to demonstrate that the person…”
Com. v. Harrington, L., 2021 Pa. Super. 194 (Pa. Super. Ct. 2021).
“18 Pa.C.S. § 5105(a). To sustain a conviction under Section 5105(a), the Commonwealth must also provide evidence of the underlying crime that prompted the official action a defendant was accused of hindering.”
— 18 Pa. Cons. Stat. § 5105(a)(3) — 12 cases
Commonwealth v. Rosario, 652 A.2d 354 (Pa. Super. Ct. 1994).
“Prior to trial, however, the Commonwealth *271 caused the information to be amended by adding an additional count which charged appellant with hindering apprehension or prosecution in violation of 18 Pa.C.S. § 5105(a)(3). Pursuant to a negotiated plea agreement, appellant then…”
Commonwealth v. Feese, 79 A.3d 1101 (Pa. Super. Ct. 2013).
“§ 3927(a); one count of hindering apprehension or prosecution, 18 Pa.C.S. § 5105; one count of obstructing administration of law or other government function, 18 Pa.”
— 18 Pa. Cons. Stat. § 5105(a)(4) — 2 cases
— 18 Pa. Cons. Stat. § 5105(a)(5) — 9 cases
Commonwealth v. McClelland, 204 A.3d 436 (Pa. Super. Ct. 2019).
“§ 3925 ; hindering apprehending or prosecution (HAP), 18 Pa.C.S. § 5105(a)(5) ("provides false information to a law enforcement officer"); and criminal conspiracy, 1 18 Pa.”
— 18 Pa. Cons. Stat. § 5105(a)(8) — 1 case
— 18 Pa. Cons. Stat. § 5105(a)(l) — 1 case
— 18 Pa. Cons. Stat. § 5105(b) — 4 cases
Commonwealth v. Lore, 487 A.2d 841 (Pa. 1984).
“18 Pa.C.S. § 5105. Appellant asserts that the Commonwealth failed to satisfy its burden of proof by not introducing into evidence facts establishing that an earlier crime was indeed committed.”
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