Hindering Apprehension or Prosecution; Defined and Punished

(a) A person is guilty of hindering apprehension or prosecution if, with intent to hinder, prevent or delay the discovery, apprehension, prosecution, conviction or punishment of another person for the commission of an offense, he: (1) harbors or conceals the other person; (2) provides or aids in providing a weapon, transportation, disguise or other means of avoiding discovery or apprehension; (3) conceals, alters or destroys and physical evidence that might aid in the discovery, apprehension or conviction of such person; (4) warns such person 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; (5) obstructs by force, intimidation or deception anyone from performing an act which might aid in the discovery, apprehension, prosecution or conviction of such person; or (6) aids such person to safeguard the proceeds of or to profit from such offense. (b) Hindering apprehension or prosecution is a felony of the third degree if the defendant knows that the charge made or liable to be made against the other person is a felony of the first or second degree. Otherwise the offense is a misdemeanor. SOURCE: G.P.C. §§ 32, 33; M.P.C. § 242.3; Cal. § 425 (1971); *Mass. ch. 268, § 11; N.J. § 2C:29-3. CROSS-REFERENCES: § 52.40 - Witness intimidation. § 52.55 - Falsifying evidence. § 52.60 - Destroying evidence. COMMENT: Section 55.15 extends the principal of former Penal Code §§ 32 and 33 but provides liability regardless of the underlying offense and by going beyond the personal aid to the principal. The former Penal Code provided criminal liability where the underlying offense was a felony. This Section overlaps, to some degree, §§ 52.40, 52.55 and 52.60. This is accomplished, however, without seriously distorting the classification scheme. The greater penalty here than in § 52.60 is justifiable inasmuch as it is predicated on the commission of the various serious crimes. In other instances the penalties are the same or the lesser penalty provided here does no more than provide a lesser included offense. Note that the purpose here is to proscribe acts taken with intent to hinder, prevent or delay apprehension or prosecution. Accordingly, it is not necessary to require guilt on the part of the person aided or a mental element by the defendant as to it. On the other hand, the requisite intent must be shown. Giving aid without such motivation, e.g., sheltering a relative without knowledge that he is a fugitive, is not reached by this Section. The Section does not attempt to exempt relatives where it is known that the person being sheltered is a fugitive.