Offenses Against the State and Public Justice

ORS 162.325
Hindering prosecution


(1)

A person commits the crime of hindering prosecution if, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a felony, or with the intent to assist a person who has committed a crime punishable as a felony in profiting or benefiting from the commission of the crime, the person:

(a)

Harbors or conceals such person; or

(b)

Warns such person of impending discovery or apprehension; or

(c)

Provides or aids in providing such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or

(d)

Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person; or

(e)

Suppresses by any act of concealment, alteration or destruction physical evidence which might aid in the discovery or apprehension of such person; or

(f)

Aids such person in securing or protecting the proceeds of the crime.

(2)

Hindering prosecution is a Class C felony. [1971 c.743 §207]

Notes of Decisions

Under Former Similar Statute (Ors 161.230)

Where court may punish crime committed by principal either as felony or by imposing lesser punishment resulting in classification as misdemeanor, election to punish as misdemeanor does not affect status of person charged with hindering prosecution. State v. Shay, 8 Or App 360, 493 P2d 737 (1972), Sup Ct review denied

The mere denial of knowledge of whereabouts of offender did not amount to accessorial conduct; there must also have been evidence from which jury could infer that actor told lie with intent to aid offender and that lie was, under existing circumstances, likely to aid offender to escape arrest or punishment. State v. Clifford, 263 Or 436, 502 P2d 1371 (1972)

In General

Information, which merely alleged that defendant had hindered prosecution by withholding eyewitness testimony in order to protect himself, was insufficient to charge defendant under this section, and thus arrest warrant on hindering prosecution charge was invalidly issued. State v. Christian, 35 Or App 339, 581 P2d 132 (1978), Sup Ct review denied

Person suspected of crime who fails to turn himself in is not therefore subject to prosecution under this section for hindering his own prosecution. State v. Christian, 35 Or App 339, 581 P2d 132 (1978), Sup Ct review denied

Where police went to defendant's residence to arrest robbery suspect allegedly staying there, defendant produced no identification but gave alias used by suspect, and police took defendant into custody pursuant to arrest warrant but were uncertain as to whether she was in fact the suspect, police had probable cause to conduct search to determine if suspect named in warrant was within residence; thus, evidence resulting from search, i.e., suspect whom defendant was charged under this section with concealing, was admissible. State v. Jordan, 36 Or App 45, 583 P2d 1161 (1978), aff'd 288 Or 391, 605 P2d 646 (1980)

Defendant's denials, which hindered his co-defendant's prosecution but served his own interest against self-incrimination, could not form the basis for conviction for hindering prosecution. State v. Pugh, 55 Or App 305, 637 P2d 1325 (1981)

Juvenile whose prosecution is hindered may commit "crime" punishable as felony regardless of whether juvenile is subject to criminal prosecution, conviction or punishment. State ex rel Juvenile Dept. v. Fitch, 192 Or App 56, 84 P3d 190 (2004), Sup Ct review denied

Act of omission in failing to respond to inquiries by law enforcement authorities may constitute harboring or concealing of fugitive. State v. Turley, 202 Or App 40, 120 P3d 1229 (2005), Sup Ct review denied; distinguished in State v. Hutchins, 281 Or App 495, 383 P3d 399 (2016)

Where concealment, alteration or destruction of physical evidence does not affect discovery or apprehension of person, but may prevent discovery that person has committed crime, then concealment, alteration or destruction does not constitute hindering prosecution. State v. Werdell, 340 Or 590, 136 P3d 17 (2006)

Person commits crime of hindering prosecution if person hinders apprehension of juvenile where juvenile conduct constitutes crime punishable as felony in criminal proceeding. State v. McCullough, 347 Or 350, 220 P3d 1182 (2009)

To prove that defendant hindered prosecution by "conceal[ing]" a "person" under subsection (1)(a) of this section, state must present evidence from which jury could reasonably conclude that defendant concealed that person's physical presence and something more than attempting to obscure that person's identity through deception; therefore, where defendant and another person both spoke to law enforcement officers from inside building and defendant subsequently failed to provide officers with information about identity of other person or to open door, state did not present sufficient evidence that defendant concealed person who was a fugitive. State v. Hutchins, 281 Or App 495, 383 P3d 399 (2016)

Because guest who is sheltered and received by owner or occupant of property cannot, by same action, shelter and receive host, guest cannot harbor fugitive-host under this section; thus, jury could not permissibly find that defendant harbored fugitive under this section where defendant was guest in shed that was fugitive's own abode. State v. Hutchins, 281 Or App 495, 383 P3d 399 (2016)

Defendant's lies regarding ever knowing criminal, going with criminal to property where criminal was hiding and ever seeing anyone (including criminal) flee from garage could reasonably constitute concealing criminal's physical presence. State v. Carpenter, 287 Or App 720, 404 P3d 1135 (2017), Sup Ct review allowed

Chapter 162

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021