Friedlander, J.
In this case, we conclude that the pertinent language of the assisting a criminal statute is clear and unambiguous. The statute provides that the crime of assisting a criminal is elevated to a class D felony “if the person assisted has committed a Class B, Class C, or Class D felony”. I.C. § 35-44.1-2-5(a)(1). The statute contains no requirement that the person assisting the criminal have knowledge of the level or type of felony the assisted person has committed, or that a felony has been committed at all. Thus, the statute requires the assisted person to have committed a class B, C, or D felony, and that the assisting person act with intent to hinder the assisted party’s apprehension or punishment, but there is no requirement that the assisting party be aware that the assisted party committed a class B, C, or D felony. In other words, the crime automatically becomes a class D felony if the person assisted has committed a class B, C, or D felony, regardless of whether the assisting party was aware of that fact. There is simply nothing in the language of the statute to support Jones’s interpretation. [Footnote omitted.] In light of the language of the statute, when a person undertakes to assist a criminal, he does so at his peril. That is, his potential criminal liability increases depending on the seriousness of the offense committed by the assisted party, irrespective of whether the assisting party was aware of the precise crime committed or its sentencing classification.
VAIDIK, C.J., and MAY, J., concur.