Is It Harboring a Fugitive if They Stay at Your House and They Have a Warrant
My question involves criminal law for the state of: Washington State, specifically Mason County
Is it considered harboring a fugitive or aiding & abetting if you allow someone to stay in your house and you know that they have a warrant issued for their arrest?
I have a friend who is allowing his friend to stay in his garage and he is aware that a warrant has been issued for the friend. He is worried about whether or not he (or anyone else on the property, especially the landlord who owns the whole place who has no idea the friend is there, for instance) can get in any legal trouble for allowing the friend with the warrant to stay there. He has not provided any other assistance, has no idea what the warrant was even issued for, hasn't provided transportation or funding or anything else, all he's done is allowed his friend to stay in the garage for about a month.... can he get in any legal trouble for it?
Re: Is It Harboring a Fugitive if They Stay at Your House and They Have a Warrant
Quite possibly... here's the law..
RCW 9A.76.050 - Rendering criminal assistance — Definition of term.
As used in RCW 9A.76.070, 9A.76.080, and 9A.76.090, a person "renders criminal assistance" if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he or she knows has committed a crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he or she:
(1) Harbors or conceals such person; or
(2) Warns such person of impending discovery or apprehension; or
(3) Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or
(4) Prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or
(5) Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or
(6) Provides such person with a weapon.
It can be a felony if the warrant is for a charge of certain felonies.
Allowing someone to hide out in your garage meets #1.
Re: Is It Harboring a Fugitive if They Stay at Your House and They Have a Warrant
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flyingron
Allowing someone to hide out in your garage meets #1.
Just allowing someone to live in your home is not itself a violation of that law. Note that the law states that it must be done “with intent to prevent, hinder, or delay apprehension or prosecution” of the wanted person. Subsection (1) applies if you harbor or conceal a person with that intent. Generally that means doing something more than just giving them houseroom; some other active step must be taken along with that which is meant to prevent, hinder, or delay apprehension of the person. That is, some act which indicates that the harboring is done with the requisite intent. That’s common for these sorts of laws — what the law targets are acts which help to conceal the wanted person or that hinder or delay apprehension or prosecution of the person. Simply letting him live there is typically not enough to be a crime, but if you do that and something else to help hide him, for example, that would violate the act.
Re: Is It Harboring a Fugitive if They Stay at Your House and They Have a Warrant
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Kienye
all he's done is allowed his friend to stay in the garage for about a month.... can he get in any legal trouble for it?
Even if your friend has no "intent to prevent, hinder, or delay apprehension or prosecution” of the wanted person he runs the distinct risk that he may be arrested and charged and then given the expensive and nightmarish opportunity to defend himself against the charges.
He would be wise to give his "guest" his walking papers.