§ 5-54-105 — Hindering apprehension or prosecution

(a) A person commits an offense under this section if, with purpose to hinder the apprehension, prosecution, conviction, or punishment of another person for an offense, he or she: (1) Harbors or conceals the other person; (2) Provides or aids in providing the other person with a weapon, money, transportation, disguise, or other means of avoiding apprehension, discovery, or effecting escape; (3) Prevents or obstructs anyone from performing an act which might aid in the discovery, apprehension, or identification of the other person by means of force or intimidation or the threat of force or intimidation, or by means of deception; (4) Conceals, alters, destroys, or otherwise suppresses the discovery of any fact, information, or other thing related to the crime which might aid in the discovery, apprehension, or identification of the other person; (5) Warns the other person of impending discovery, apprehension, or identification; (6) Volunteers false information to a law enforcement officer; or (7) Purposely lies or attempts to purposely provide erroneous information, documents, or other instrumentalities which he or she knows to be false to a certified law enforcement officer that would distract from the true course of the investigation or inhibit the logical or orderly progress of the investigation. (b) (1) (A) Hindering apprehension or prosecution is a Class B felony if the conduct of the person assisted in violation of this section constitutes a Class Y felony or a Class A felony. (B) However, except as provided in subdivision (b)(2) of this section, if the defendant shows by a preponderance of the evidence that he or she stands to the person assisted in the relation of parent, child, brother, sister, husband, or wife, hindering apprehension or prosecution is a Class D felony. (2) Subdivision (b)(1)(B) of this section does not apply if the offense of the person assisted is: (A) Capital murder, as prohibited in § 5-10-101 ; (B) Murder in the first degree, as prohibited in § 5-10-102 ; (C) Kidnapping, as prohibited in § 5-11-102 ; or (D) Rape, as prohibited in § 5-14-103 . (c) Hindering apprehension or prosecution is a felony classified one (1) degree below the felony constituted by the conduct of the person assisted in violation of this section if the conduct is a Class B felony or a Class C felony. (d) (1) Hindering apprehension or prosecution is a Class A misdemeanor if the conduct of the person assisted in violation of this section is a Class D felony or an unclassified felony. (2) Hindering apprehension or prosecution is a Class D felony if the person in violation of this section was assisting an escapee from correctional custody sentenced after being found guilty of a felony. (3) Otherwise, hindering apprehension or prosecution is a misdemeanor classed one (1) degree below the misdemeanor constituted by the conduct of the person assisted in violation of this section.

Legislative History

Acts 1975, No. 280, § 2805; 1977, No. 360, § 15; 1985, No. 698, § 1; 1985, No. 1049, § 1; A.S.A. 1947, § 41-2805; Acts 1997, No. 743, § 1; Acts 2005, No. 1867, § 1.