State v. Hutchins

Hindering prosecution by harboring or concealing an individual under ORS 162.325(1)(a) is distinct from hindering prosecution by obstructing a person's discovery or apprehension through deception under ORS 162.325(1)(d).

Defendant appealed conviction of hindering prosecution, arguing that the prosecution failed to provide sufficient evidence from which a rational trier of fact could conclude that Defendant “[h]arbor[ed] or conceal[ed]” a person under ORS 162.325(1)(a). Under ORS 162.325(1)(a), the crime of hindering prosecution is the act of harboring or concealing “a person who has committed a crime punishable as a felony.” In order to convict a person of hindering prosecution, “the state must present evidence from which a jury could reasonably conclude that the defendant concealed” such a person. The Court held that Defendant’s actions more closely resembled “obstruct[ing], by means of…deception, anyone from” discovering or apprehending such a person, which is criminalized under ORS 162.325(1)(d). The Court held that the act of harboring or concealing a person was factually distinguishable from the act of obstructing a person’s discovery or apprehension, and thus the State failed to present sufficient evidence to convict Defendant under ORS 162.325(1)(a). Reversed and remanded.