§710-1018 Securing the proceeds of an offense. (1) A person commits the offense of securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of a crime, he aids the person in securing the proceeds of the crime.
(2) Securing the proceeds of an offense is a class C felony if the person assisted committed a class A or B felony or murder of any degree; otherwise it is a misdemeanor. [L 1972, c 9, pt of §1; am L 1997, c 149, §5]
COMMENTARY ON §710-1018
This section is aimed at persons who aid others to accomplish the unlawful objects of their crimes, for example, by safeguarding the proceeds thereof or converting the proceeds into a negotiable form. The actor need not have the intent to hinder prosecution required under §§710-1029 and 1030. As the Model Penal Code commentary points out, there would be "a certain artificiality in proceeding on the theory of obstruction of justice [by hindering prosecution] against one who has really linked himself to the principal offense, and whose interest in frustrating detection is bound to be as much for himself as others."[1]
Previous Hawaii law was more limited than the Code and dealt only with receiving stolen goods.2 The Code deals with all acts of securing the proceeds of an offense.
SUPPLEMENTAL COMMENTARY ON §710-1018
Act 149, Session Laws 1997, amended this section to provide that securing the proceeds of an offense is a class C felony if the person assisted, committed murder of any degree. The legislature found that the offense of murder warrants punishment that is sufficient to fit the grave consequences of the crime. Senate Standing Committee Report No. 1600.
__________
§710-1018 Commentary:
1. M.P.C., Tentative Draft No. 9, comments at 202 (1959).
2. H.R.S. chapter 761.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.