An Act relating to hindering prosecution and to providing false information or reports to a peace officer.

Updated: April 14, 2000 by Mike Pauley, Staff Aide to Senator Leman.

SB 26 broadens existing statutes that prohibit the use of deception and false information to hinder the criminal justice system.

In the criminal justice context, people employ deception in two ways: they lie to protect another person who has committed a crime, or they lie to protect themselves. SB 26 addresses both situations.

Existing law (AS 11.56.770 & AS 11.56.780) makes it a crime to hinder prosecution by rendering assistance to another person who has committed a crime, with the intention of hindering the apprehension, prosecution, conviction, or punishment of the other person. The definition of "rendering assistance to another" includes using deception to prevent or obstruct the discovery or apprehension of that person. Accordingly, it is a crime if a person lies to a police officer in an effort to obstruct the apprehension of another person who has committed a crime.

However, the "hindering prosecution" statute applies only if a person lies to prevent apprehension of a person who has committed a crime that is punishable by imprisonment of greater than 90 days. This means that Class B misdemeanors are not covered under existing law. Class B misdemeanors include such offenses as disorderly conduct, harassment, misconduct involving weapons in the fifth degree, and criminal mischief in the fourth degree. Although these crimes are not the most serious offenses on the books, they do consume a significant amount of time and resources of both law enforcement agencies and the court system. It is not appropriate for the statute to sanction deception under these circumstances. SB 26 amends the existing law so that it applies to all crimes, including Class B misdemeanors.

SB 26 also amends existing law concerning false reports to a peace officer (AS 11.56.800). Currently it is a crime to give false information to a police officer with the intent of implicating another in a crime. SB 26 amends this to state that it is also a crime to give false identity information to a peace officer while the person is under arrest, detention, or investigation for a crime, or while the person is being served with an arrest warrant of being issued a citation. According to law enforcement personnel, false identity information can be a significant impediment to successful investigations and prosecutions. The law should not sanction this behavior.

SB 26 is supported by the Alaska Association of Chiefs of Police, the Alaska Peace Officers Association, and Victims for Justice.

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