Hindering Prosecution

N.J.S.A. 2C:29-3

Hindering Prosecution in NJ: N.J.S.A. 2C:29-3

N.J.S.A. 2C:29-3 governs hindering prosecution charges in New Jersey and reads in pertinent part:

N.J.S.A. 2C:29-3. Hindering apprehension or prosecution

a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

(1) Harbors or conceals the other;

(2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

(3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(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;

(5) 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 in the lodging of a charge against him;

(6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

(7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21.

An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. Otherwise, the offense is a crime 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 crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

(1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21.

An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

Penalties

The prohibited conduct under the hindering statute includes:

Harbors or conceals someone who is being pursued by the police
Provides someone, who is being pursued by the police, with a weapon, money, transportation, etc.
Conceals or destroys evidence of a crime
Warns the individual of impending arrest
Prevents or obstructs another from apprehending the individual
Aids in protecting the proceeds of a crime
Gives false information to prevent apprehension

If you have been charged with hindering prosecution, you can only make a well-informed decision about how to proceed after discussing your case with an attorney with the appropriate experience. If you would like to speak with me, call 1-732-845-3203 or e-mail Ray at rraya@rayalaw.com to set up a consultation.

I represent clients who have received a summons or been arrested on a wide variety of assault & threat crimes, defending them throughout New Jersey.

The Law Offices of Raymond A. Raya, Esq.

Monmouth County Lawyer

Traffic · DUI/DWI · Criminal Defense · Municipal

N.J.S.A. 2C:29-3