101 Title 61 Final 2016

61 PC 1-101 61 PC 1-102

CRIMINAL LAW: General Provisions

TITLE 61 CRIMINAL LAW CHAPTER 1 GENERAL PROVISIONS 2 PRINCIPLES OF PENAL LIABILITY 3 [RESERVED – PRINCIPLES OF JUSTIFICATION] 4 INCHOATE CRIMES 5 OFFENSES AGAINST THE PERSON 6 OFFENSES AGAINST PROPERTY RIGHTS 7 OFFENSES AGAINST THE FAMILY 8 OFFENSES AGAINST PUBLIC HEALTH AND MORALS 8A HUMAN TRAFFICKING AND CRIMINAL EXPLOITATION 9 OFFENSES AGAINST PUBLIC ORDER 10 OFFENSES AGAINST PUBLIC ADMINISTRATION 11 & 12 [RESERVED] 13 OBSCENE COMMUNICATIONS 14 [RESERVED] 15 FIRE CONTROL 16 MISUSE OF GOVERNMENT PROPERTY

CHAPTER 1 GENERAL PROVISIONS Section 1-101 Short title 1-102 Definitions 1-103 Classification of crimes 1-104 Defenses; burden of proof 1-105 Mental disease or defect 1-106 Intoxication 1-107 Presumptions as to responsibility of children

1-108 Limitation of prosecution 1-109 Discretion as to prosecution of crimes for which there is a satisfactory customary settlement 1-110 “Principal” defined 1-111 Accessories 1-112 Other laws not affected 1-113 Prior offenses

§1-101. Short title.  Chapters 1 through 10 are known and may be cited as the “Pohnpei Crimes Act of 1994.” Source: S.L. No. 3L-89-95 §1-1, 4/6/95

§1-102. Definitions.  The definitions in this section shall apply throughout Chapters 1 through 10, unless otherwise specified or a different meaning is plainly required. (1) Building or occupied structure. The term “building or occupied structure” means any structure, vehicle, vessel or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. Property is that of another, for the purpose of

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Chapters 1 through 10, if anyone other than the defendant has a possessory or property interest therein. If a building or structure is divided into separately occupied units, any unit not occupied by the defendant is an occupied structure of another. (2) Criminal negligence. A person acts with criminal negligence, or is criminally negligent, with respect to attendant circumstances when his conduct creates a substantial and unjustifiable risk and causes the criminal result; or if his failure to be aware of the risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. (3) Defendant. The term “defendant” includes a person who is an accessory or accomplice of the defendant. (4) Intent. A person acts intentionally, or with intent, with respect to his conduct or to a result thereof when it is his conscious purpose to engage in the conduct or cause the result. (5) Jurisdiction; state; Pohnpei. “This jurisdiction,” “the state” or “Pohnpei” means the state of Pohnpei, including its land and water, and the airspace above said land and water, with respect to which Pohnpei has legislative jurisdiction. (6) Knowledge. A person acts knowingly, or with knowledge, with respect to his conduct or to attendant circumstances when he is aware of the nature of his conduct or that those circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is practically certain to cause the result. (7) Person; he; accused; defendant. The term “person,” “he,” “accused,” and “defendant” includes any natural person and, where relevant, a corporation or an unincorporated association. (8) Public servant or public official. A “public servant” or “public official” means any officer or employee of, or any person acting on behalf of the state of Pohnpei, including legislators and judges, and any person acting as an advisor, consultant or otherwise, in performing a governmental function; but the term does not include witnesses. (9) Recklessness. “Recklessness” means to act with willful disregard to the attendant circumstances, or if unaware of the circumstances, to act in such a manner that constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. Source: S.L. No. 3L-89-95 §1-3, 4/6/95

§1-103. Classification of crimes.  A felony is a crime or offense that may be punishable by imprisonment for a period of more than one year. Every other crime is a misdemeanor. Source: S.L. No. 3L-89-95 §1-5, 4/6/95

§1-104. Defenses; burden of proof.  (1) A defense is a fact or set of facts which negates penal liability. (2) When a defense declared by statute to be an “affirmative defense” is raised at a trial, the defendant has the burden of establishing such defense by a preponderance of the evidence. (3) When a defense, other than an affirmative defense defined by statute, is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt. (4) A defense is an affirmative defense if it is so designated by Chapters 1 through 10 or another statute. Source: S.L. No. 3L-89-95 §1-7, 4/6/95

§1-105. Mental disease or defect.  In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: (1) The nature and consequences of such conduct; or

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(2) That such conduct was wrong. Source: S.L. No. 3L-89-95 §1-9, 4/6/95

§1-106. Intoxication.  An act committed while in a state of voluntary intoxication is no less criminal by reason thereof, and intoxication does not, in itself, constitute a physical or mental disease, disorder or defect. When recklessness establishes an element of the offense and the defendant, due to voluntary intoxication, was unaware of the risk that he would have been aware of had he been sober, such unawareness is immaterial. Intoxication means a disturbance of mental or physical capabilities resulting from the introduction of any substance into the body. Source: S.L. No. 3L-89-95 §1-11, 4/6/95

§1-107. Presumptions as to responsibility of children.  Children under the age of ten are conclusively presumed to be incapable of committing any crime. Children between the ages of ten and fourteen are presumed to be incapable of committing any crime in which case the presumption is rebuttable. The provisions of this section, however, shall not prevent proceedings against and the disciplining of any person under 18 years of age as a delinquent child. Source: S.L. No. 3L-89-95 §1-13, 4/6/95

§1-108. Limitation of prosecution.  (1) A prosecution for murder may be commenced at any time. (2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following time limitations: (a) A prosecution for a crime that is punishable by imprisonment for more than ten years must be commenced within six years after it is committed. (b) A prosecution for any other crime must be commenced within three years after it is committed. (3) If the time limitation set forth in Subsection (2) of this section has expired, a prosecution may nevertheless be commenced for: (a) Any crime, an element of which is either fraud or a breach of fiduciary obligation, within one year after discovery of the crime by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the crime, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or (b) Any offense based on misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years. (4) The time limitation does not run: (a) During any time when the accused is continuously absent from this jurisdiction or has no reasonably determinable place of abode or work within this jurisdiction; or (b) During any time when a prosecution against the accused for the same conduct is pending in this jurisdiction. (5) A prosecution is commenced either when information or a complaint is filed or when an arrest warrant or other process is executed without unreasonable delay. Source: S.L. No. 3L-89-95 §1-15, 4/6/95

§1-109. Discretion as to prosecution of crimes for which there is a satisfactory customary settlement.  Prior to any subsequent prosecution of an offender under the crimes of Pohnpei, the pertinent officers of the Attorney General’s office shall first ascertain whether there has been a customary settlement with respect to the offensive action and whether the victim or victims of the

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offensive action are satisfied therewith. If such findings are made, the Attorney General may, in his discretion, close the case and abstain from any further action relative thereto. Source: S.L. No. 3L-89-95 §1-17, 4/6/95

§1-110. “Principal” defined.  Every person is punishable as a principal who commits an offense against Pohnpei or aids, abets, counsels, commands, induces or procures its commission or who causes an act to be done, which, if directly performed by him would be an offense against Pohnpei. No distinction is made between principals in the first and second degrees, and no distinction is made between a principal and what has heretofore been called an accessory before the fact. Source: S.L. No. 3L-89-95 §1-19, 4/6/95

§1-111. Accessories.  Every person who, knowing that an offense against Pohnpei has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. An accessory after the fact shall be imprisoned not more than half the maximum term of imprisonment or fined not more than half the maximum fine prescribed for punishment of the principal, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §1-21, 4/6/95

§1-112. Other laws not affected.  Any other law in effect in Pohnpei prescribing criminal penalties, whether established by district order, district statute, state statute, Pohnpei statute or Trust Territory statute, not specifically repealed or superseded by Chapters 1 through 10 shall remain in full force and effect. To this end, Chapters 1 through 10 shall not be interpreted as intending to be a complete compilation of all criminal offenses against Pohnpei. Source: S.L. No. 3L-89-95 §10-5, 4/6/95

§1-113. Prior offenses.  Chapters 1 through 10 shall not apply to offenses committed before their effective date [the Pohnpei Crimes Act of 1994, April 6, 1995]. An offense is committed before the effective date of Chapters 1 through 10 if any of the elements of the offense occurred before that date. Prosecutions for offenses committed before the effective date are governed by the prior law, which is continued in effect for that purpose as if Chapters 1 through 10 were not in force. Source: S.L. No. 3L-89-95 §10-7, 4/6/95 Note: S.L. No. 3L-89-95 §10-3 superseding and §10-9 severability provisions have been omitted. Extended Legislative history: S.L. No. 1L-3-85, 3/9/85, established a Pohnpei Crimes Act and prescribed penalties therefor; S.L. No. 1L-3-85 §10-1(1), 3/9/85 repealed Chapter 4 of the Ponape District Code, 3/71; S.L. No. 1L-3-85 §10-1(2), 3/9/85 repealed D.L. No. 3L-129-75, 6/3/75 and D.L. No. 3L-16-72, 5/25/72 in their entirety; S.L. No. 1L-3-85 §10-1(3), 3/9/85 repealed D.L. No. 3L-79-74, 6/28/74 in its entirety; S.L. No. 1L-3-85 §10-1(4), 3/9/85 repealed D.L. No. 2L-233-71, 11/27/71 in its entirety; S.L. No. 1L-3-85 §10-1(5), 3/9/85 repealed PDC §3-12(11), 3/71 in its entirety; S.L. No. 1L-3-85 §10-1(6), 3/9/85 repealed D.L. No. 4L-193-79, 8/9/79 in its entirety; S.L. No. 1L-3-85 §10-1(7), 3/9/85 repealed S.L. No. 3L-21-84, 7/24/84 in its entirety; S.L. No. 1L-3-85 §10-3, 3/9/85 as amended by S.L. No. 1L-15-85 §1, 4/16/85 superseded 11 TTC (1980), except as provided by S.L. No. 1L-3-85 §10-7, 3/9/85; S.L. No. 2L-76-88 §1, 12/11/88 added §§6-13, 6-15, 6-17, and 6-19 to S.L. No. 1L-3-85; S.L. No. 2L-76-88 §2, 12/11/88 added §§7-27, 7-29, 7-31, 7-33, 7-35, 7-37, and 7-39 to S.L. No. 1L-3-85; S.L. No. 2L-7688 §3, 12/11/88 added §§8-15 and 8-17 to S.L. No. 1L-3-85; S.L. No. 2L-76-88 §4, 12/11/88 amended S.L. No. IL3-85 §7-3, 3/9/85; S.L. No. 2L-76-88 §5, 12/11/88 repealed S.L. No. 1L-3-85 §7-23, 3/9/85 and inserted new §723; S.L. No. 2L-76-88 §6, 12/11/88 repealed S.L. No. 1L-3-85 §8-5, 3/9/85 in its entirety; S.L. No. 2L-207-91, 7/2/91 added new §1-2 to S.L. No. 1L-3-85; S.L. No. 2L-207-91 §2, 7/2/91 added new §1-4 to S.L. No. 1L-3-85; S.L. No. 2L-207-91 §3, 7/2/91 repealed S.L. No. 1L-3-85 §1-11, 3/9/85 and inserted new §1-11; S.L. No. 2L-20791 §4, 7/2/91 added new §1-12 to S.L. No. 1L-3-85; S.L. No. 2L-207-91 §5, 7/2/91 added new §2-2 to S.L. No. 1L3-85; S.L. No. 2L-207-91 §6, 7/2/91 added new §2-9 to S.L. No. 1L-3-85; S.L. No. 2L-207-91 §7, 7/2/91 added new §§6-21 and 6-23 to S.L. No. 1L-3-85; S.L. No. 2L-207-91 §8, 7/2/91 added new §§7-41, 7-43, 7-45, 7-47, 749, 7-51, 7-53, 7-55, 7-57, 7-59, 7-61, and 7-63 to S.L. No. 1L-3-85; S.L. No. 3L-9-92 §1, 7/10/92 amended S.L. No. 1L-3-85 §7-45 as established by S.L. No. 2L-207-91 §8; S.L. No. 3L-89-95, 4/6/95 established a new crimes act; S.L. No. 3L-89-95 §10-1, 4/6/95 repealed all laws and Code provisions cited in S.L. No. 1L-3-85 §10-1, 3/9/85, except as provided by S.L. No. 1L-3-85 §10-7, 3/9/85.

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CHAPTER 2 PRINCIPLES OF PENAL LIABILITY Section 2-101 Criminal liability for conduct of another

§2-101. Criminal liability for conduct of another.  (1) A person is criminally liable for the conduct of another if: (a) He intentionally aids, abets, advises, solicits, counsels or conspires with or otherwise procures the other to commit a crime; or (b) While acting with the state of mind that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct; or (c) Having a legal duty to prevent the commission of a crime, he fails to make proper effort to do so. (2) A person liable under Subsection (1) of this section is also liable for any other crime committed in the pursuance of the intended crime if reasonably foreseeable by him as a probable consequence of committing or attempting to commit the crime intended. (3) A person liable under this section may be charged with and convicted of the offense although the person who directly committed it has not been prosecuted or convicted, or has been convicted of a different offense or degree of offense, or has been acquitted. Source: S.L. No. 3L-89-95 §2-9, 4/6/95

CHAPTER 3 [RESERVED – PRINCIPLES OF JUSTIFICATION]

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CHAPTER 4 INCHOATE CRIMES Section

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4-101 Criminal attempt 4-102 Criminal conspiracy

4-103 Criminal solicitation 4-104 Security to keep the peace

§4-101. Criminal attempt.  Every person who unlawfully attempts to commit any of the crimes as prescribed by the laws of Pohnpei which attempt falls short of actual commission of the crime itself, shall be guilty of attempt to commit said crime, and where no separate provision is made by law for punishment upon conviction of such attempt, a person so convicted shall be punished by imprisonment for a term not exceeding half of the maximum term of imprisonment for the offense attempted, or by a fine in an amount not exceeding half of the fine which may lawfully be imposed upon conviction for commission of the offense attempted, or by both such fine and imprisonment. Source: S.L. No. 3L-89-95 §2-1, 4/6/95

§4-102. Criminal conspiracy.  If two or more persons conspire either to commit any crime against Pohnpei, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be guilty of conspiracy, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $1,000, or both such fine and imprisonment. If, however, the offense, the commission of which is the object of conspiracy, carries a penalty less than that herein prescribed, the punishment for such conspiracy shall not exceed the maximum penalty provided for such offense. Source: S.L. No. 3L-89-95 §2-5, 4/6/95

§4-103. Criminal solicitation.  (1) Every person who, with intent to promote or facilitate the commission of a crime, commands, encourages or requests another person to engage in conduct that causes the result specified by the definition of the crime, or engages in conduct which would be sufficient to establish complicity in the specified conduct or result shall be guilty of solicitation. (2) It is immaterial under Subsection (1) of this section that the defendant fails to communicate with the person he solicits if his conduct was designed to cause such communication. (3) It is an affirmative defense to the prosecution for solicitation that the defendant, under circumstances showing a complete and voluntary renunciation of his criminal intent, made a reasonable effort to prevent the conduct or result solicited. (4) A person convicted of solicitation shall be punished: (a) By imprisonment for not more than ten years if the maximum sentence provided for any offense which was the object of the solicitation is life imprisonment; or (b) By imprisonment for not more than one-half the maximum sentence that is provided for the most serious offense which was the object of the solicitation if the maximum sentence is less than life imprisonment. Source: S.L. No. 3L-89-95 §2-11, 4/6/95

§4-104. Security to keep the peace.  (1) A complaint may be made to any court that a person has threatened to commit an offense against the person or property of another. When such complaint is made, the court shall examine, under oath, the complainant and any witnesses he may produce, reduce the complaint to writing, and cause it to be signed and sworn to by the complainant. If the court is satisfied that there is danger that such offense will be committed, the court shall issue a warrant to any policeman setting out the substance of the complaint and commending the officer to apprehend the person complained of and bring him before the court at a certain time. (2) When the person complained of is brought before the court, the testimony produced on both sides shall be heard if the charge is denied. If it appears that there is no just reason to fear the

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commission of the offense, the defendant shall be discharged; and if the judge is of the opinion that the prosecution was commenced maliciously without proper cause, he may give judgment against the complainant for the costs of the prosecution. If, however, the court finds there is just reason to fear the commission of such offense, the person complained of may be required to enter into an undertaking in a sum fixed by the court, not exceeding $500, to keep the peace toward Pohnpei and particularly toward the complainant. The defendant shall deposit the sum fixed in cash with the Clerk of the Pohnpei Supreme Court who may grant him permission to give bond in the same amount with one or more sufficient sureties. The undertaking to keep the peace shall be valid and binding for six months, and may upon the renewal of the complaint be extended for a longer period. (3) If the court finds, after hearing, that the defendant has violated his undertaking to keep the peace, the court may direct a forfeiture of the whole or such part of the deposit or bond as it appears that justice requires, and may enforce such forfeiture in the same manner as a forfeiture of bail in a criminal case. (4) If the defendant fulfills his undertaking to keep the peace, he may claim his deposit from the Clerk upon presentation of receipt. Source: S.L. No. 3L-89-95 §6-21, 4/6/95

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CRIMINAL LAW: Offenses Against the Person

CHAPTER 5 OFFENSES AGAINST THE PERSON Section Part A [Reserved – General provisions] 5-101 – 5-110 [Reserved] Part B Criminal homicide 5-111 Murder 5-112 Manslaughter

5-113 Negligent homicide 5-114 – 5-120 [Reserved]

Part C Kidnapping; criminal coercion 5-121 Kidnapping 5-122 – 5-125 [Reserved]

5-126 Criminal coercion 5-127 – 5-130 [Reserved

Part D Criminal assaults and related offenses 5-131 Mayhem 5-132 Assault or assault and battery with a dangerous weapon 5-133 Felonious assault and battery

5-134 Assault and battery 5-135 Assault 5-136 – 5-140 [Reserved]

Part E Sexual offenses 5-141 Sexual assault 5-142 Sexual abuse

5-143 Indecent exposure 5-144 – 5-150 [Reserved]

Part F Criminal libel 5-151 Criminal libel

5-152 – 5-160 [Reserved]

Part G Extortion 5-161 Extortion

5-162 – 5-170 [Reserved]

Part H Reckless endangerment 5-171 Reckless burning

PART A [RESERVED – GENERAL PROVISIONS] §§5-101 – 5-110. [RESERVED]

PART B CRIMINAL HOMICIDE §5-111. Murder.  Except as provided in §5-112(2), every person who unlawfully causes the death of another human being under the following circumstances shall be guilty of murder, and upon conviction thereof shall be imprisoned for a minimum period of ten years and a maximum period of life. A person is guilty of murder when he has acted: (1) Intentionally or knowingly; or (2) Recklessly under circumstances manifesting extreme indifference to the value of human life. Source: S.L. No. 3L-89-95 §6-15, 4/6/95

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§5-112. Manslaughter.  Every person who unlawfully causes the death of another human being under the following circumstances shall be guilty of manslaughter, and upon conviction thereof shall be imprisoned for a period of not more than ten years. A person is guilty of manslaughter when: (1) He has acted recklessly; or (2) A homicide that would otherwise be murder is committed under influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the defendant’s situation under the circumstances as he believes them to be. Source: S.L. No. 3L-89-95 §6-11, 4/6/95

§5-113. Negligent homicide.  (1) Every person who negligently causes the death of another human being shall be guilty of negligent homicide, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000, or both such fine and imprisonment. (2) A person acts negligently when he should be aware of a substantial and unjustifiable risk that serious bodily harm or death will result from his conduct. The risk must be of such a nature and degree that the defendant’s failure to perceive it, considering the nature and the purpose of his conduct and the circumstances known to him, involves gross deviation from the standard of care that a reasonable person would observe in the defendant’s situation. Source: S.L. No. 3L-89-95 §6-17, 4/6/95

§§5-114 –5-120. [RESERVED]

PART C KIDNAPPING; CRIMINAL COERCION §5-121. Kidnapping.  (1) Every person who unlawfully removes another from his place of residence or business or a substantial distance from the vicinity where he is found, or unlawfully confines another for a substantial period in a place of isolation, shall be guilty of kidnapping if such action is taken with any of the following purposes: (a) To hold for ransom or reward, or as a shield or hostage; or (b) To facilitate commission of any felony or flight thereafter; or (c) To inflict bodily injury on or to terrorize the victim or another; or (d) To interfere with the performance of any government or political function. (2) A removal or confinement is unlawful under this section if it is accomplished by force, threat or deception or in the case of a person who is under the age of 14 or incompetent without the consent of a parent, guardian or other person responsible for general supervision of his welfare. (3) A person convicted under this section shall be punished: (a) By imprisonment for a maximum term of eight years unless the person committing the offense voluntarily releases the victim alive and in a safe place prior to trial; or (b) Otherwise, by imprisonment for not more than five years. Source: S.L. No. 3L-89-95 §6-9, 4/6/95

§§5-122 – 5-125. [RESERVED] §5-126. Criminal coercion.  (1) Every person who intentionally compels or induces another person to engage in conduct from which he has a legal right to abstain or to abstain from conduct in which he has a legal right to engage

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shall be guilty of criminal coercion if such action instills in him a fear that, if the demand is not complied with, the defendant or a third person will: (a) Commit any felony offense; or (b) Accuse anyone of a felony offense; or (c) Expose any secret or publicize any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or (d) Reveal any information sought to be concealed by the person; or (e) Testify or provide information or withhold testimony or information with respect to any person’s legal claim or defense; or (f) Take or withhold action as a public servant or cause a public servant to take or withhold such action. (2) A person convicted under this section shall be punished: (a) If a dangerous weapon is used to instill fear, by imprisonment for a period of not more than ten years or by fine of not more than $8,000, or both such fine and imprisonment; or (b) Otherwise, by imprisonment for not more than five years or by fine of not more than $5,000, or both such fine and imprisonment. (3) It is a defense to a prosecution under Paragraphs (b), (c), (d), and (f) of Subsection (1) of this section that the defendant believed the threatened accusation or exposure to be true or the proposed action of a public servant justified, and that his sole intention was to compel or induce the victim to take reasonable action to prevent or remedy the wrong which was the subject of the threatened accusation, exposure or action of a public servant. Source: S.L. No. 3L-89-95 §7-9, 4/6/95

§§5-127 – 5-130. [RESERVED]

PART D CRIMINAL ASSAULTS AND RELATED OFFENSES §5-131. Mayhem.  Every person, with intent to maim or disfigure, who cuts, bites or slits the nose, ear or lip, or cuts off or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person, shall be guilty of mayhem and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $10,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §6-13, 4/6/95

§5-132. Assault or assault and battery with a dangerous weapon.  Every person who unlawfully commits any assault or assault and battery upon another by means of a dangerous weapon shall be guilty of assault or assault and battery with a dangerous weapon and upon conviction thereof shall be: (1) Imprisoned for a term of not more than ten years or fined not more than $10,000, or both such fine and imprisonment, if bodily injury occurs; or (2) Imprisoned for a term of not more than five years or fined not more than $5,000, or both such fine and imprisonment, if no bodily injury occurs. Source: S.L. No. 3L-89-95 §6-5, 4/6/95

§5-133. Felonious assault and battery.  Every person who unlawfully and intentionally strikes, beats, wounds or otherwise does serious bodily harm to another shall be guilty of felonious assault and battery, and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $10,000, or both such fine and imprisonment Source: S.L. No. 3L-89-95 §6-3, 4/6/95

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§5-134. Assault and battery.  Every person who recklessly or unlawfully and intentionally strikes, beats, wounds or otherwise does bodily harm to another shall be guilty of assault and battery, and upon conviction thereof shall be imprisoned for a period of not more than two years or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §6-2, 4/6/95

§5-135. Assault.  Every person who unlawfully and intentionally offers or attempts, with force or violence, to strike, beat, wound or to do bodily harm to another, shall be guilty of assault, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §6-1, 4/6/95

§§5-136 – 5-140. [RESERVED]

PART E SEXUAL OFFENSES §5-141. Sexual assault.  (1) Every person who intentionally subjects another person to sexual contact or penetration, or forces another person to make a sexual contact or penetration on himself or another, or on a beast, without the other person’s consent, or under conditions in which the defendant knows or should know that the other person is mentally or physically incapable of resisting or understanding the nature of his conduct shall be guilty of sexual assault and upon conviction thereof shall be punished as follows: (a) If serious bodily or psychological injury to the victim results or the defendant is aided or abetted by one or more accomplices, or a dangerous weapon was used by the defendant or an accomplice in such a manner as to cause the victim to submit to the sexual assault, by imprisonment for a period of not more than ten years or fine of not more than $10,000, or both such fine and imprisonment. (b) Otherwise, by imprisonment for a period of not more than five years or fine of not more than $5,000, or both such fine and imprisonment. (2) A defendant may not be convicted of a sexual assault if the defendant and complainant were cohabitating in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the defendant’s spouse, unless: (a) The defendant was an accomplice or accessory to the sexual assault by a third person; or (b) At the time of the sexual assault the married couple were either living apart and one of them had filed an action for separate maintenance or divorce or were no longer husband and wife under custom and tradition. (3) As used in this section: (a) “Serious bodily injury” means bodily injury which creates a high probability of death or which causes serious permanent disfigurement or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other bodily injury of like severity. (b) “Serious psychological injury” means psychological or emotional damage that requires protracted psychological treatment or is characterized by extreme behavioral changes or severe physical symptoms. (4) “Sexual penetration” means sexual intercourse, cunnilingus, fellatio or anal intercourse, or the causing of penetration to any extent and with any object of the genital or anal openings of another whether or not there is any emission. Source: S.L. No. 3L-89-95 §8-15, 4/6/95

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61 PC 5-142 61 PC 5-170

CRIMINAL LAW: Offenses Against the Person

§5-142. Sexual abuse.  (1) Every person who intentionally has sexual contact or sexual penetration with another person who is 15 years old or less or causes such a person to have sexual contact or sexual penetration with him shall be guilty of sexual abuse and upon conviction thereof shall be imprisoned for a period of not more than five years or fined not more than $5,000, or both such fine and imprisonment. (2) It is an affirmative defense that the defendant reasonably believed the child to be older than 15. (3) “Sexual contact” means any touching of the sexual or other intimate parts of a person not married to the defendant, done with the intent of gratifying the sexual desire of either party. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio or anal intercourse, or the causing of penetration to any extent and with any object of the genital or anal openings of another person not married to the defendant whether or not there is any emission. Source: S.L. No. 3L-89-95 §8-13, 4/6/95

§5-143. Indecent exposure.  (1) Every person who exposes all or substantially all of his or her genitals for entertainment purposes in any public place shall be guilty of indecent exposure and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. (2) For purposes of this section: (a) The term “genitals” shall refer to the external sexual organs of any person, but shall not be construed to include the female breasts. (b) “Public place” shall mean a place to which the general public has a right to resort. Source: S.L. No. 3L-89-95 §8-5, 4/6/95

§§5-144 – 5-150. [RESERVED]

PART F CRIMINAL LIBEL §5-151. Criminal libel.  Every person who unlawfully, willfully, knowingly or with reckless disregard for the truth, and maliciously, speaks, writes, prints or in any other manner publishes material which falsely exposes another person to hatred, contempt or ridicule, shall be guilty of criminal libel, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §5-1, 4/6/95

§§5-152 – 5-160. [RESERVED]

PART G EXTORTION §5-161. Extortion.  Every person who obtains the property of another by threatening to inflict bodily injury on any one or commit any other criminal offense shall be guilty of theft by extortion, and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $5,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-13, 4/6/95

§§5-162 – 5-170. [RESERVED]

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CRIMINAL LAW: Offenses Against the Person

PART H RECKLESS ENDANGERMENT §5-171. Reckless burning.  Every person who unlawfully and intentionally starts a fire or causes an explosion under the following circumstances shall be guilty of reckless burning, and upon conviction thereof shall be imprisoned for a period of not more than five years or fined not more than $5,000, or both such fine and imprisonment. A person is guilty of reckless burning when he starts a fire or causes an explosion, whether on his own property or that of another and thereby recklessly: (1) Places another person in danger of death or bodily injury; or (2) Places a building or occupied structure of another in danger of damage or destruction. Source: S.L. No. 3L-89-95 §7-3, 4/6/95

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61 PC 6-101 61 PC 6-111

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Title 61

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61 PC 6-101 61 PC 6-111

CRIMINAL LAW: Offenses Against Property Rights

CHAPTER 6 OFFENSES AGAINST PROPERTY RIGHTS Section Part A [Reserved – General provisions] 6-101 – 6-110 [Reserved] Part B Burglary and other offenses of intrusion

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CRIMINAL LAW: Offenses Against Property Rights

6-111 Burglary 6-112 – 6-114 [Reserved]

6-115 Trespass 6-116 – 6-120 [Reserved]

Part C Criminal damage to property 6-121 Arson 6-122 Fraudulent destruction, removal or concealment of instruments

6-123 Malicious mischief 6-124 – 6-130 [Reserved]

Part D Robbery 6-131 Robbery

6-132 – 6-140 [Reserved]

Part E Theft and related offenses 6-141 Grand larceny 6-142 Embezzlement 6-143 Theft by failure to make required disposition of funds received 6-144 Theft of services 6-145 Misuse of credit or debit cards 6-146 Theft of property lost, mislaid or delivered by mistake 6-147 Cheating 6-148 [Reserved] 6-149 Mutiny on a vessel 6-150 Petit larceny Part F Forgery and related offenses 6-161 Forgery

6-151 Unlawful issuance of bank checks or drafts 6-152 Larceny from a building or occupied structure 6-153 & 6-154 [Reserved] 6-155 Unauthorized use of a vehicle or vessel 6-156 Theft of utilities services; damaging or altering a meter 6-157 Theft 6-158. Theft of sakau plant 6-159 [Reserved] 6-160 Receiving stolen goods

6-162 Possession of forged writing or forgery device

PART A [RESERVED – GENERAL PROVISIONS] §§6-101 – 6-110. [RESERVED]

PART B BURGLARY AND OTHER OFFENSES OF INTRUSION §6-111. Burglary.  (1) Every person who enters the building or occupied structure of another with the intent to commit any felony, assault or larceny therein, unless the premises are at the time open to the public or the person is licensed or privileged to enter, shall be guilty of burglary, and upon conviction thereof shall be: (a) Imprisoned for a period of not more than ten years or fined not more than $10,000, or both such fine and imprisonment, if the defendant or an accomplice inflicts bodily injury on anyone or is armed with a dangerous weapon at any time during the entry; or (b) Otherwise, imprisoned for a period of not more than five years or fined not more than $5,000, or both such fine and imprisonment. (2) A person may be convicted both for burglary and the offense that it was his purpose to commit after the burglarious entry or for an attempt to commit that offense. Source: S.L. No. 3L-89-95 §7-5, 4/6/95

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61 PC 6-101 61 PC 6-111

CRIMINAL LAW: Offenses Against Property Rights

§§6-112 – 6-114. [RESERVED] §6-115. Trespass.  Every person who unlawfully violates or interferes with the peaceful use and possession of the dwelling house, premises or property of another, whether by force or by stealth, shall be guilty of trespass, and upon conviction thereof shall be imprisoned for a period of not more than one year or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-47, 4/6/95

§§6-116 – 6-120. [RESERVED]

PART C CRIMINAL DAMAGE TO PROPERTY §6-121. Arson.  Every person who unlawfully and intentionally starts a fire or causes an explosion under the following circumstances shall be guilty of arson, and upon conviction thereof shall be imprisoned for a period of not more than eight years, or fined not more than $8,000, or both such fine and imprisonment. A person is guilty of arson when: (1) He destroys a building or occupied structure of another; (2) He destroys or damages any property, whether his own or another’s, to collect insurance from such loss. It shall be an affirmative defense to prosecution under this subsection that the behavior did not recklessly endanger any building or occupied structure of another, or place any person in danger of death or bodily injury. Source: S.L. No. 3L-89-95 §7-1, 4/6/95

§6-122. Fraudulent destruction, removal or concealment of instruments.  Every person who, with purpose to deceive or injure anyone, destroys, removes or conceals any will, deed, mortgage, security instrument or other writing shall be guilty of fraudulent destruction, removal or concealment of instruments and upon conviction thereof shall be imprisoned for a period of not more than five years or fined not more than $5,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-17, 4/6/95

§6-123. Malicious mischief.  Every person who unlawfully destroys, damages, or otherwise injures property belonging to another, including the property of the Pohnpei Government or a local government of Pohnpei, or who unlawfully and with willful intent to deface or destroy the appearance of the property or with reckless disregard for the consequences of his action, throws, discards or scatters upon any public road, street or ground or other land owned, reserved, controlled or maintained, for any purpose other than a public dumping ground, by the Government of Pohnpei, local government or subdivision thereof, any waste material, garbage or other debris, in any form or substance shall be guilty of malicious mischief, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-23, 4/6/95

§§6-124 – 6-130. [RESERVED]

PART D ROBBERY

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CRIMINAL LAW: Offenses Against Property Rights

§6-131. Robbery.  (1) Every person who takes away anything of value from the person of another, or from the immediate control of another, by use or threatened use of immediate force or violence shall be guilty of robbery and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000, or both such fine and imprisonment; or (2) If the defendant or an accomplice uses a dangerous weapon to obtain the property or inflicts serious bodily injury, the defendant so convicted under this section shall be imprisoned for a period of not more than ten years or fined not more than $10,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §6-19, 4/6/95

§§6-132 – 6-140. [RESERVED]

PART E THEFT AND RELATED OFFENSES §6-141. Grand larceny.  Every person who unlawfully steals, takes, and carries away the personal property of another, of the value of $5,000 or more, without the owner’s knowledge or consent, and with the intent to permanently deprive the owner of its use, shall be guilty of grand larceny, and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $5,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-19, 4/6/95

§6-142. Embezzlement.  Every person who after having lawfully obtained possession of the personal property of another, takes and carries away said property without the owner’s knowledge and consent, and with the intent to permanently deprive the owner of its use, shall be guilty of embezzlement, and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $5,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-11, 4/6/95

§6-143. Theft by failure to make required disposition of funds received.  Every person who purposely obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition, whether from such property or its proceeds or from his own property in equivalent amount, shall be guilty of theft by failure to make required disposition of funds received if he deals with the property obtained as his own and fails to make the required payment or disposition and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $5,000, or both such fine and imprisonment. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the defendant’s failure to make the required payment or disposition. An officer or employee of the Pohnpei Government or of a financial institution is presumed: (1) To know any legal obligation relevant to his criminal liability under this section; and (2) To have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts. Source: S.L. No. 3L-89-95 §7-45, 4/6/95

§6-144. Theft of services.  (1) Every person who intentionally obtains services to his own benefit or to the benefit of another not entitled thereto which he knows are only available for compensation by deception, threat, false token or other means to avoid payment for the services, or by knowingly diverting services over which he has control for the disposition thereof to others, shall be guilty of theft of services, and upon

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61 PC 6-101 61 PC 6-111

CRIMINAL LAW: Offenses Against Property Rights

conviction thereof shall be imprisoned for a period of not more than ten years, or fined not more than $5,000, or both such fine and imprisonment. (2) For purposes of this section, “services” includes labor, professional services, transportation, accommodation in hotels, restaurants or elsewhere, admission to exhibits, receipt of cable television or computer networks, and use of vehicles and other movable property. Source: S.L. No. 3L-89-95 §7-43, 4/6/95

§6-145. Misuse of credit or debit cards.  (1) Every person who misuses a credit or debit card to obtain property or services from one or more persons shall be guilty of the misuse of credit or debit cards and upon conviction thereof shall be punished: (a) If the value of the property or services is $5,000 or more, by imprisonment for a period of not more than ten years, by a fine of not more than $10,000, or both such fine and imprisonment; or (b) If the value of the property or services is less than $5,000, by imprisonment for a period of not more than three years, by a fine of not more than $3,000, or both such fine and imprisonment. (2) A person misuses a credit or debit card if he uses a credit or debit card for the purpose of obtaining property or services with knowledge that: (a) The card is stolen or forged; or (b) The card has been revoked or cancelled; or (c) For any other reason his use of the card is unauthorized by the issuer. (3) It is an affirmative defense to prosecution under Paragraph (c) of Subsection (2) of this section if the actor proves by a preponderance of the evidence that he had the purpose and ability to meet all obligations to the issuer arising out of his use of the card. Source: S.L. No. 3L-89-95 §7-27, 4/6/95

§6-146. Theft of property lost, mislaid or delivered by mistake.  Every person who comes into control of property of another that he knows to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient shall be guilty of theft of property lost, mislaid or delivered by mistake if, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it, and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $5,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-41, 4/6/95

§6-147. Cheating.  Every person who unlawfully obtains the property, services or money of another by false pretenses, knowing the pretenses to be false, and with the intent thereby to permanently defraud the owner thereof, shall be guilty of cheating, and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $5,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-7, 4/6/95

§6-148. [RESERVED] §6-149. Mutiny on a vessel.  Every person who by force, threat of force, or deception, usurps or assists in usurping the command of a vessel in state waters shall be guilty of mutiny on a vessel and upon conviction thereof shall be imprisoned for a period of not more than five years or fined not more than $5,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-25, 4/6/95

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61 PC 6-101 61 PC 6-111

CRIMINAL LAW: Offenses Against Property Rights

§6-150. Petit larceny.  Every person who unlawfully steals, takes, and carries away the personal property of another, of the value of more than $100 but less than $5,000, without the owner’s knowledge or consent, and with the intent to permanently deprive the owner of its use, shall be guilty of petit larceny, and upon conviction thereof shall be imprisoned for a period of not more than three years or fined not more than $3,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-31, 4/6/95

§6-151. Unlawful issuance of bank checks or drafts.  (1) Every person who, for the procurement of any article or thing of value, with intent to defraud, or for the payment of any past-due obligation, or for any other purpose, with intent to deceive, makes, draws, utters or delivers any check, draft or order for payment of money upon a bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft or order in full upon its presentment, shall be guilty of unlawful issuance of bank checks or drafts and upon conviction thereof: (a) If the value of the property thus obtained be $1,000 or more, shall be imprisoned for a period of not more than three years or fined not more than $3,000, or both such fine and imprisonment; and (b) If the value of the property thus obtained be less than $1,000, shall be imprisoned for a period of not more than one year or fined not more than $500, or both such fine and imprisonment. (2) The making, drawing, uttering or delivering by a maker or drawer of a check, draft or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft or order was not paid on presentment. (3) In this section, the word “credit” means an arrangement or an understanding expressed or implied, with the bank or other depository for the payment of that check, draft or order. Source: S.L. No. 3L-89-95 §7-49, 4/6/95

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61 PC 6-152 61 PC 6-158

CRIMINAL LAW: Offenses Against Property Rights

§6-152. Larceny from a building or occupied structure.  Every person who unlawfully steals, takes and carries away the personal property of another, of value less than $1,000, from another’s building or occupied structure but without the owner’s knowledge or consent, and with the intent to permanently deprive the owner of its use, shall be guilty of larceny from a building or occupied structure and upon conviction thereof shall be imprisoned for a period of not more than three years or fined not more than $1,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-21, 4/6/95

§§6-153 & 6-154. [RESERVED] §6-155. Unauthorized use of a vehicle or vessel.  (1) Every person who, without the permission of the owner thereof or proper authorization, takes any automobile, truck, motorcycle, motorboat, canoe or other vehicle or vessel belonging to another for the purpose of temporarily using or operating said vehicle or vessel, shall be guilty of unauthorized use of a vehicle or vessel and upon conviction thereof, shall be imprisoned for a period of not more than six months or fined not more than $500, or both such fine and imprisonment. (2) Any person convicted of a violation of Subsection (1) of this section who has previously been convicted under charges separately brought and tried two or more times of a violation of Subsection (1) of this section, and who has been imprisoned as a result of any of those convictions, may be imprisoned for a period of not more than one year or fined not more than $1,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-51, 4/6/95

§6-156. Theft of utilities services; injuring or altering a meter.  Every person who willfully and knowingly, with intent to injure or defraud, makes or causes to be made any connection with the electric, telephone, water or sewer lines or pipes of any agency or corporation authorized to distribute or collect such services by means of lines, wires, pipes or utilities appliance of any character whatsoever, without the written authority of such agency or corporation, or who knowingly and with like intent, injures, alters or procures to be injured or altered any utilities meter, or obstructs its working, or procures the same to be tampered with or injured, shall be guilty of theft of utilities services, injuring or altering a meter, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-39, 4/6/95

§6-157. Theft.  Every person who unlawfully steals, takes, and carries away the personal property of another, of the value of $100 or less, without the owner’s knowledge or consent, and with the intent to permanently deprive the owner of its use, shall be guilty of theft, and upon conviction thereof shall be imprisoned for a period of not more than three months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-37, 4/6/95

§6-158. Theft of sakau plant.  (1) Every person who unlawfully steals, takes, exchanges and carries away sakau plants of any size belonging to another person, without the owners knowledge or consent, with the intent to permanently deprive the owner of its use, shall be guilty of theft of sakau plant and upon conviction thereof shall be imprisoned for a period of not less than six months and not more than one year, or fined not less than $100 dollars and not more than $1,000, or both such fine and imprisonment; PROVIDED that any person convicted of a violation of this section who has previously been convicted under charges separately brought and tried under this section two or more times within ten years of the previous conviction shall be imprisoned for a period not less than one year and not more

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than two years, or fined not less than $200 dollars and not more than $2,000, or both such fine and imprisonment. (2) Each day that a defendant unlawfully takes one or more sakau plants belonging to the same person in violation of this section constitutes a separate offense. (3) If a defendant is convicted of theft of sakau plant in violation of this section, the court may, in lieu of or in addition to other lawful punishment set forth above, order restitution or compensation to the owner or person damaged or the forfeiture of the sakau plant or product thereof to Pohnpei as prescribed in 64 PC 1-105. In the calculation of restitution or compensation, each sakau plant so unlawfully taken shall be valued by the court at no less than $100 per plant. Source: S.L. No. 7L-95-11 §1, 8/1/11

§6-159. [RESERVED] §6-160. Receiving stolen goods.  (1) Every person who unlawfully takes into his possession stolen or embezzled property knowing or having good reason to believe said property was stolen or embezzled, shall be guilty of receiving stolen goods, and upon conviction thereof shall be imprisoned for a period of not more than two years or fined not more than $1,000, or both such fine and imprisonment. (2) For purposes of this section, “receiving” means acquiring possession, control or title of the property. Source: S.L. No. 3L-89-95 §7-35, 4/6/95

PART F FORGERY AND RELATED OFFENSES §6-161. Forgery.  (1) Every person who forges a writing which is or purports to be a will, deed, contract, release, commercial instrument or other document evidencing, creating, transferring, altering, terminating or otherwise affecting legal relations shall be guilty of forgery, and upon conviction thereof shall be imprisoned for a period of not more than five years or fined not more than $5,000, or both such fine and imprisonment. (2) For purposes of this section: (a) A person forges a writing if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, he: (i) Alters any writing of another without his authority; or (ii) Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or (iii) Utters any writing that he knows to be forged in a manner specified in Subparagraphs (i) or (ii) of this paragraph. (b) “Writing” includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege or identification. Source: S.L. No. 3L-89-95 §7-15, 4/6/95

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CRIMINAL LAW: Offenses Against Property Rights

§6-162. Possession of forged writing or forgery device.  (1) Every person who knowingly possesses any forged writing or knowingly brings into Pohnpei, or buys, sells, exchanges, transfers or delivers, or attempts to do so, any forged writing; or makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment or article specifically designed or adopted for use in forged writings, shall be guilty of possession of forged writing or forgery device, and upon conviction thereof shall be imprisoned for a period of not more than five years or fined not more than $5,000, or both such fine and imprisonment. (2) For purposes of this section, a forged writing is a document or instrument on whose face is a fraudulent making or alteration which can prejudice another man’s rights or the false making or alteration which if genuine might apparently produce or create the foundation of a legal liability. Source: S.L. No. 3L-89-95 §7-33, 4/6/95

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61 PC 7-101 61 PC 7-102

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Title 61

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61 PC 7-101 61 PC 7-102

CRIMINAL LAW: Offenses Against the Family

CHAPTER 7 OFFENSES AGAINST THE FAMILY Section

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CRIMINAL LAW: Offenses Against the Family

7-101 Bigamy

7-102 Incest

§7-101. Bigamy.  (1) Every person who, being legally married, unlawfully and willfully marries another during the tenure of the marriage contract, shall be guilty of bigamy, and upon conviction thereof shall be imprisoned for a period of not more than three years; PROVIDED, HOWEVER, that no person shall be found guilty of bigamy whose wife or husband has been absent for a period of five years, without being known by such person to be alive during that time. (2) “Legally married” means an existing relationship of husband and wife which is recognized by custom and/or law. Source: S.L. No. 3L-89-95 §8-1, 4/6/95

§7-102. Incest.  Every person who knowingly and unlawfully engages in sexual intercourse, contact or penetration with another, as defined in §5-142(3), of a relationship of blood or adoption of a grandparent, parent, brother or sister of the full or half blood, or children and their children of said person shall be guilty of incest, and upon conviction thereof shall be imprisoned for a period of not more than three years or fined not more than $3,000, or both such fine and imprisonment; PROVIDED, HOWEVER, that the burden of proof of such relationship or affinity shall rest with the prosecution. Source: S.L. No. 3L-89-95 §8-3, 4/6/95

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CRIMINAL LAW

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61 PC 8-101 61 PC 8-120

CRIMINAL LAW: Offenses Against Public Health & Morals

CHAPTER 8 OFFENSES AGAINST PUBLIC HEALTH AND MORALS Section Part A [Reserved – General provisions] 8-101 – 8-110 [Reserved] Part B Pandering and prostitution 8-111 Pandering 8-112 Prostitution

8-113 – 8-120 [Reserved]

Part C Offenses related to obscenity 8-121 Obscene materials

8-122 – 8-130 [Reserved]

Part D Nuisance 8-131 Nuisance

[PART A RESERVED – GENERAL PROVISIONS] §§8-101 – 8-110. [RESERVED]

PART B PANDERING AND PROSTITUTION §8-111. Pandering.  (1) Every person who engages in conduct that constitutes pandering as defined by this section shall be guilty of pandering and upon conviction thereof shall be imprisoned for a period of not more than one year or fined not more than $500, or both such fine and imprisonment. (2) Pandering shall be defined as: (a) Causing, inducing, persuading or encouraging another person by promises, threats, violence or by any device or scheme, to engage in the practice of prostitution; and (b) Receiving or giving, or agreeing to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution. Source: S.L. No. 3L-89-95 §8-9, 4/6/95

§8-112. Prostitution.  Every person who engages in the practice of prostitution, or who aids another in the practice of prostitution by hiring such other person for the purpose of having illicit sexual intercourse with the hirer, shall be guilty of prostitution, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $500, or both such fine and imprisonment. Prostitution shall be defined as illicit sexual intercourse of a person for hire. Source: S.L. No. 3L-89-95 §8-11, 4/6/95

§§8-113 – 8-120. [RESERVED]

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PART C OFFENSES RELATED TO OBSCENITY §8-121. Obscene materials.  (1) Offenses. It shall be unlawful for any person, company, corporation, partnership or other entity to: (a) Intentionally or knowingly display or distribute any obscene material in a reckless manner about where a child is present who will be offended or alarmed by the display or distribution; (b) Intentionally or knowingly sell, commercially distribute, commercially exhibit or possess for sale, display, distribution, commercial distribution or commercial exhibition any obscene or harmful material to a child; (c) Intentionally or knowingly transport any obscene or harmful material for purposes of sale, display, distribution, commercial distribution or commercial exhibition to a child; (d) Intentionally or knowingly sell, distribute, display, exhibit, commercially distribute or commercially exhibit any harmful material to a child or possess such material for such purposes; (e) Hire, employ or otherwise use a child to do or accomplish or assist in doing or accomplishing any act prohibited by this subsection. (2) Defense. It is an affirmative defense to prosecution under Subsection (1) of this section that the actor had or has scientific, educational, governmental or similar justification or that any sale, distribution, display or exhibition was to a child who was accompanied by a consenting parent, guardian or spouse who is an adult. It is not a defense that a child consents to any sale, distribution, display or exhibition or agrees to do or accomplish or assist in doing or accomplishing any act prohibited by Subsection (1) of this section. (3) Penalties. Any person, firm, corporation, partnership or other entity found guilty of any offense as described in Subsection (1) of this section shall be imprisoned for a period of not more than three years or fined not more than $1,000, or both such fine and imprisonment. (4) Definitions. As used in this section: (a) “Obscene” means taken as a whole the dominant theme of material which: (i) Appeals to a prurient interest in sex; (ii) Appeals to a child’s prurient interest in sex; (iii) Is patently offensive because it affronts contemporary community standards relating to the description or representation of sex; and (iv) Does not have any serious literary, artistic, political or scientific merit; (b) “Material” means a book, magazine, newspaper or other printed or written matter; a picture, drawing, photograph, motion picture or other pictorial representation; a recording, transcription or mechanical, chemical or electrical reproduction, or other article, equipment or machine; (c) “Prurient interest” means a shameful or morbid interest in sex that goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience, the appeal of the subject matter shall be judged with reference to such audience; (d) “Distribute” means to transfer possession whether with or without consideration; (e) “Commercially distribute” means to transfer possession for valuable consideration; (f) “Child” means a person younger than 15 years of age; (g) “Harmful material” means material whose dominant theme taken as a whole: (i) Appeals to the prurient interest of a child in sex;

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(ii) Is patently offensive to adult contemporary community standards with respect to what is suitable for children; and (iii) Does not have serious literary, artistic, political or scientific merit for children; and (h) “Reckless” means a situation wherein a person acts recklessly or is reckless with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of, but consciously disregards, a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint. Source: S. L. No. 3L-89-95 §8-7, 4/6/95

§§8-122 – 8-130. [RESERVED]

PART D NUISANCE §8-131. Nuisance.  Every person who knowingly and unlawfully maintains or allows to be maintained a condition of things which is prejudicial to the health, comfort, safety, property, sense of decency or morals of Pohnpei shall be guilty of maintaining a nuisance, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §7-29, 4/6/95

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CHAPTER 8A HUMAN TRAFFICKING AND CRIMINAL EXPLOITATION Section Part 1 Prosecution 8A-101. Definitions 8A-102. Criminal provisions 8A-103. Victim immunity from prosecution 8A-104. Non-defenses to trafficking in persons 8A-105. Criminal liability of business entities

8A-106. Restitution 8A-107. Asset forfeiture 8A-108. Statute of limitations 8A-109. Sentencing enhancements 8A-110--8A-149. [RESERVED]

Part 2 Prevention of Trafficking 8A-150. Task force for prevention of trafficking 8A-151. Data collection and dissemination 8A-152. Training 8A-153. Public awareness

8A-154. Role of non-governmental organizations 8A-155. Human Trafficking Enforcement and Prevention Fund 8A-156--8A-199. [RESERVED]

Part 3. Protection of Victims 8A-200. Victim’s rights 8A-201. Civil action 8A-202. Applicability of labor standards 8A-203. Protection of victims 8A-204. Protection of the privacy of victims 8A-205. Information for victims 8A-206. Opportunity for presentation of victim’s views and concerns

8A-207. Support for victims 8A-208. Appropriate implementation for child victims 8A-209. Human trafficking victim-caseworker privilege 8A-210. Protection of trafficking shelters 8A-211. Regulations

PART 1 PROSECUTION §8A-101. Definitions.  (1) “Assets” shall mean real and personal property, including profits and proceeds acquired as a result of a crime charged under this chapter, and that the property was used to commit or facilitate the commission of an offense or was involved in the commission of the offenses described in this chapter and there was a substantial connection between the property and the offense. (2) “Commercial sex act” means any sex act on account of which anything of value is given, promised to, or received, or exchanged, directly or indirectly, by any person. (3) “Debt coercion” means exploitation of the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or those of a person under his or her control as a security or payment for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined or if the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred. (4) “Extortion” is to be given its ordinary meaning as defined by existing Pohnpei law. (5) “Financial harm” includes credit extortion, as defined by existing Pohnpei laws and/or relevant FSM national law; criminal violation of the usury laws, as defined by existing Pohnpei and/or national law; or legal precedents, or employment contracts that violate relevant provisions of the Statute of Frauds, as defined by Chapter 1 of Title 58 of this Code. (6) “Human trafficking” means:

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(a) Sex trafficking in which a commercial sex act is induced by force, fraud, deceit, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or (b) The recruitment, harboring, transporting, provision, or obtaining of a person for labor or services, through the use of force, fraud, deceit, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (7) “Labor” means work of economic or financial value. (8) “Minor” refers to any natural person under eighteen years of age. (9) “Person” includes an individual, corporation, partnership, association, a government body, a municipal corporation, or any other legal entity. (10) “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. (11) “Sex act” refers to criminal sexual conduct, including sexual penetration and sexual contact, as set forth in Part E of Chapter 5 of Title 61 of this Code. (12) “Sexually-explicit performance” means an act or show, intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, or videotaped. (13) “Victim of trafficking in persons” means any person, whether an FSM citizen or foreign national, who has been subjected to the crime of trafficking in persons, involuntary servitude, sexual trafficking, sexual servitude of a minor, or transported in violation of trafficking of persons for forced labor or service as set forth herein. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-102. Criminal provisions.  (1) Trafficking in persons. Any person who knowingly: (a) Recruits, entices, solicits, isolates, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, solicit, isolate, harbor, transport, provide, or obtain by any means, another person knowing that the person will be subjected to sexual servitude of a minor or involuntary servitude; or (b) Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in Subsection (1)(a) of this section, commits a felony and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $10,000, or both such fine and imprisonment. (2) Sexual servitude of a minor. Any person who knowingly: (a) Recruits, entices, solicits, isolates, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, solicit, isolate, harbor, transport, provide, or obtain by any means, any minor for the purpose of commercial sex acts or sexually-explicit performance; or (b) Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in Subsection (2) (a) of this Section, commits a felony and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $10,000, or both such fine and imprisonment. (3) Involuntary servitude. Any person who knowingly subjects, or attempts to subject, another person to engage in labor, service, or violations of prostitution or obscenity offenses of Chapter 8 of Title 61 of this Code, through the use of any of the following: (a) Causing or threatening to cause serious harm to any person; (b) Physically restraining or threatening to physically restrain another person; (c) Abusing or threatening to abuse the law or legal process; (d) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; (e) Extortion or blackmail;

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(f) Deception or fraud; (g) Debt coercion; (h) Causing or threatening to cause financial harm to any person; (i) Facilitating or controlling a victim’s access to an addictive controlled substance; or (j) Using any scheme, plan, or pattern, whether overt or subtle, for the purpose of causing any person to believe that, if the person did not engage in such labor, service or the prostitution or obscenity offenses of Chapter 8 of Title 61 of this Code, that person or another person would suffer serious harm or physical restraint, commits a felony and upon conviction thereof shall be imprisoned for a period of not more than ten years or fined not more than $10,000, or both such fine and imprisonment. (4) Accomplice liability. Any person who knowingly aids, abets, or conspires with one or more persons to violate the criminal provisions of this section shall be punishable in the same manner as for a completed violation of this section. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-103. Victim immunity from prosecution.  (1) In any prosecution of a person who is a victim of trafficking in persons, it shall be an affirmative defense that he or she was under duress, coerced or deceived into committing the offenses for which he or she is being subject to prosecution. (2) A victim of trafficking in persons is not criminally liable for any commercial sex act or illegal sexuallyexplicit performance committed as a direct result of, or incident or related to, being trafficked. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-104. Non-defenses to trafficking in persons.  Evidence of the following facts or conditions shall not constitute a defense in a prosecution for violations of this part, nor shall such evidence preclude a finding of a violation: (1) A trafficking victim’s sexual history or history of commercial sexual activity; (2) A trafficking victim’s connection by blood or marriage to a defendant in the case, or to anyone involved in the victim’s trafficking; (3) Consent of, or permission by, a trafficking victim, or anyone else on the trafficking victim’s behalf, to any commercial sex act or sexually-explicit performance; (4) Age of consent to sex, legal age of marriage, or other discretionary age; or (5) Mistake as to the victim’s age, even if the mistake is reasonable. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-105. Criminal liability of business entities.  (1) Any business entity, including a corporation, partnership, association, government body or any other legal entity, inclusive of, but not limited to, any business entity involved in any way with the commercial fishing industry or any of its foreign or domestic fishing vessels, that aids or participates in any crime defined in §8A-102 of this part shall be criminally liable for the offense and shall be subject to a fine of not more than $50,000 or loss of business license, or both. (2) If a business entity is convicted of violating any section of this part, the court will, when appropriate, order, but is not limited to the following: (a) Order its dissolution or reorganization; (b) Order the suspension or revocation of any license, permit, or prior approval granted to it by state or local government agencies; or (c) Order the surrender of its corporate charter, if it is organized under Pohnpei law, or the revocation of its permit to conduct business in Pohnpei, if it is not organized under Pohnpei law. (3) Any business, or criminally culpable employee, officer, director, owner, co-owner or shareholder of such business, convicted of a violation of this chapter, or a conviction of a human trafficking crime in another jurisdiction or country, is ineligible for any type of alcoholic beverages business license under Chapter 2 of

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Title 66 of this Code for ten years following the date of such conviction. Any business composed of, or employing in any capacity, an employee, officer, director, owner, co-owner or shareholder, who has been convicted of a violation of this chapter, or a conviction of a human trafficking crime in another jurisdiction or country, is ineligible for any type of such alcoholic beverages business license for ten years following the date of such conviction. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-106. Restitution.  (1) A person convicted of violations of this part shall be ordered to pay mandatory restitution to the victim as provided in Subsection (2) of this Section. (2) Restitution under this section shall include items covered by 64 PC 1-105 governing victim restitution and any of the following: (a) Costs of medical and psychological treatment, including, physical and occupational therapy and rehabilitation, at the court’s discretion; (b) Costs of necessary transportation, temporary housing, and child care, at the court’s discretion; (c) The greater of: (i) The gross income or value to the defendant of the trafficking victim’s commercial sex acts or sexually-explicit performances, or labor or services; (ii) The value of the trafficking victim’s labor as guaranteed under the minimum wage and overtime provisions of Title 19 of this Code; or (d) Return of property, cost of repair of damage to property, or full value of property if destroyed or damaged beyond repair; (e) Expenses incurred by a victim, and any household members or other family members, in relocating away from the defendant or his associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and (f) Any and all other losses suffered by the victim as a result of violation of this part. (g) Restitution shall be paid to the victim promptly upon the conviction of the defendant, with the proceeds from property forfeited under this part applied first to payment of restitution. The return of the victim to her or his home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-107. Asset forfeiture.  (1) All offenses under this section shall qualify as offenses for forfeiture and thereby subject to the provisions of statute(s) governing forfeiture according to existing Pohnpei law. (2) Overseas assets of persons convicted of trafficking in persons shall also be subject to criminal forfeiture to the extent they can be retrieved by the government. (3) Any assets seized shall first be used to pay restitution to trafficking victims and subsequently to pay any damages awarded to victims in a civil action. Any remaining assets seized shall next go toward funding services for victims, to include, but not be limited to, the following: suitable housing, psychological counseling, medical assistance, child care, training opportunities for employment, legal assistance and other material assistance, as appropriate. If applicable, any remaining assets seized shall be duly liquidated, in a similar manner prescribed by law for other crimes allowing for the seizure of assets, and shall be deposited in the Human Trafficking Enforcement and Prevention Fund established pursuant to §8A-155 of this chapter. Source: S.L. No. 8L-18-13 §1, 1/16/13

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§8A-108. Statute of limitations.  (1) An action for trafficking in persons where the victim is not a minor shall be brought within applicable Pohnpei statutes of limitations for sex offenses or kidnapping from the date the victim escaped or was freed or arrested by authorities from the trafficking situation. (2) Any statute of limitations that would otherwise preclude prosecution for an offense involving the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until such time as the victim has reached the age of eighteen years. (3) The running of the statute of limitations may be suspended where a person entitled to bring a claim of trafficking in persons could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services. (4) The running of the statute of limitations shall be automatically suspended where individual(s) who due to mental illness, retardation or other mental defect, whether minor or adult, are entitled to bring a claim as a victim of trafficking in persons as defined in this chapter. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-109. Sentencing enhancements.  (1) Sentencing considerations in cases involving criminal sexual conduct, serious bodily injury, or death . If a violation of this part involves kidnapping or an attempt to kidnap, criminal sexual conduct, or an attempt to commit homicide, or if a homicide results, the defendant is guilty of an offense as defined in this title and in addition to such sentencing prescribed for said offenses, shall be subject to the additional sentencing and sentencing considerations described in this section. (2) Additional sentencing. Additional sentencing considerations include, but are not limited to: (a) Bodily injury. If, pursuant to a violation of this part, a victim suffered bodily injury, the sentence may be enhanced as follows: (i) Bodily injury, up to an additional three years of imprisonment; (ii) Serious bodily injury, up to an additional eight years of imprisonment; (iii) Permanent or life-threatening bodily injury, an additional seven years of imprisonment; (iv) If death results, defendant shall be sentenced in accordance with the homicide statute relevant for the level of criminal intent. (b) Time in servitude. In determining sentences within statutory maximums, the sentencing court should take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between ninety days and one year, and further increased penalties for cases in which the victim was held for more than one year. (c) Number of victims. In determining sentences within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than two victims. Source: S.L. No. 8L-18-13 §1, 1/16/13

§§8A-110--8A-149. [RESERVED]

PART 2 PREVENTION OF TRAFFICKING §8A-150. Task force for prevention of trafficking.  (1) There is hereby created the Inter-Agency Task Force to Develop and Implement a Pohnpei Plan for the Prevention of Trafficking in Persons. The Task Force shall meet at least annually and should include in its

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considerations all aspects of trafficking, including, sex trafficking and labor trafficking of both FSM citizens and foreign nationals. (2) The members of the Task Force shall be appointed by the Governor and shall include, at a minimum, representatives from: (a) The Office of the Attorney General; (b) The Pohnpei Department of Public Safety; (c) The Department of Health Services; (d) The Office of Social Affairs; (e) The Department of Education; (f) The Division of Personal, Labor and Manpower Development; (g) The churches; (h) The Traditional Leaders; (i) The women’s associations; (j) Youth organizations; and (k) Non-governmental organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, organizations dedicated to child services and runaway services, and academic researchers dedicated to the subject of human trafficking. (3) The Task Force shall be chaired by the representative from the Office of the Attorney General. (4) The Task Force shall carry out the following activities: (a) Develop the Pohnpei Plan for the Prevention of Human Trafficking; (b) Coordinate the implementation of the Pohnpei Plan; (c) Coordinate the collection and sharing of trafficking data among government agencies, which data collection shall respect the privacy of victims of trafficking in persons; (d) Approve and provide direction for the establishment and operation of an “onsite inspection team” consistent with the intent of this chapter; (e) Coordinate the sharing of information between agencies for the purposes of detecting criminal groups engaged in trafficking; (f) Establish policies to enable the government of Pohnpei to work with non-governmental organizations and other elements of civil society to prevent trafficking and provide assistance to FSM citizen and foreign national victims; (g) Review the existing services and facilities to meet trafficking victim’s needs and recommend a system that would coordinate such services, including, but not limited to: health services, including mental health; housing; education and job training; English as a Second Language classes; interpreting services; legal and immigration services; and victim compensation; (h) Evaluate various approaches used by the government of Pohnpei and other state governments to increase public awareness of the trafficking in persons, including, FSM citizen and foreign national victims of trafficking in persons; and (i) Submit an annual report of its findings and recommendations to the Pohnpei Legislature and the Office of the Governor on or before January 15 of the following calendar year. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-151. Data collection and dissemination.  (1) The government of Pohnpei shall, in cooperation with other appropriate authorities, collect and periodically publish statistical data on trafficking. (2) The government of Pohnpei shall elicit the cooperation and assistance of other government agencies, non-governmental organizations, and other elements of civil society as appropriate to assist in the data collection required under Subsection (1) of this section. (3) The appropriate authorities in each agency that play a vital role in addressing trafficking shall make best efforts to collect information relevant to tracking progress on trafficking, including, but not limited to:

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(a) Numbers of investigations, arrests, prosecutions, and successful convictions of traffickers and those committing trafficking related crimes (pimping, pandering, procuring, maintaining a brothel, child pornography, visa fraud, document fraud, and other crimes related to trafficking); (b) The estimated number and demographic characteristics of persons engaged in violations of the criminal provisions defined in §8A-102 of this chapter, as well as, persons who purchase or receive commercial sex acts or sexually-explicit performances, or labor or services, performed by victims of trafficking in persons; (c) Statistics on the number of victims, including nationality, age, method of recruitment, and city, state, and country of origin; (d) Trafficking routes and patterns (states, territories or countries of origin, transit states, territories or countries, and destination states, territories or countries); (e) Methods of transportation (car, boat, plane, foot), if any transportation took place; and (f) Social and economic factors that contribute to and foster the demand for all forms of exploitation of persons that lead to trafficking. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-152. Training.  (1) The government of Pohnpei shall provide mandatory training for law enforcement agencies, prosecutors, health service providers, educators, representatives from the Division of Personnel, Labor and Manpower Development and other relevant officials in addressing trafficking in persons. (2) Such training shall focus on: (a) The new crimes and other provisions created by this chapter; (b) Methods used in identifying FSM citizen and foreign national victims of trafficking in persons, including, preliminary interview techniques and appropriate questioning methods; (c) Methods for prosecuting traffickers; (d) Methods of increasing effective collaboration with non-governmental organizations and other relevant social service organizations in the course of investigating and prosecuting a trafficking case; (e) Methods for protecting the rights of victims, taking into account the need to consider human rights and special needs of women and minor victims, and that victims should be treated as victims rather than criminals; and (f) Methods for promoting the safety of victims. (3) The government of Pohnpei shall seek the input and participation of appropriate non-governmental organizations and other relevant organizations in the preparation and presentation of the training called for in this section. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-153. Public awareness.  (1) The government of Pohnpei, in cooperation with appropriate non-governmental organizations, shall prepare public awareness programs designed to educate potential victims of trafficking in persons, and their families, on the risks of victimization. Such public awareness programs shall include, but not be limited to: (a) Information about the risks of becoming a victim, including information about common recruitment techniques, use of debt bondage, and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and other sexually transmitted diseases, and psychological harm related to victimization in trafficking cases; (b) Information about the risks of engaging in commercial sex and possible punishment; (c) Information about victims’ rights on Pohnpei; (d) Methods for reporting suspected recruitment activities; and (e) Information on hotlines and available victims’ services. (2) The government of Pohnpei, in cooperation with other appropriate government agencies and appropriate non-governmental organizations or other elements of civil society, shall prepare and disseminate

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general public awareness materials to educate the public on the extent of trafficking in persons, both FSM citizens and foreign nationals, within Pohnpei and the neighboring jurisdictions; and to discourage the demand that fosters the exploitation of persons and that leads to trafficking. (a) General public awareness materials may include information on the impact of trafficking on individual victims, whether FSM citizens or foreign nationals; aggregate information on trafficking worldwide and domestically; and warnings of the criminal consequences of engaging in trafficking. Such materials may include pamphlets, brochures, posters, advertisements in mass media, and any other appropriate media. (b) Materials described in this section may include information on the impact of trafficking on individual victims. However, any information on the experiences of individual victims shall preserve the privacy of the victim and the victims’ families. (c) All public awareness programs shall be evaluated periodically to ensure their effectiveness. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-154. Role of non-governmental organizations.  For each initiative for the prevention of trafficking, including, but not limited to, those listed above (Inter-Agency Task Force; data collection and dissemination; training; and public awareness), the government of Pohnpei shall seek out and enlist the cooperation and assistance of non-governmental organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, agencies devoted to child services and runaway services, and academic researchers dedicated to the subject of trafficking. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-155. Human Trafficking Enforcement and Prevention Fund.  (1) There is hereby created within the Pohnpei Treasury, the Human Trafficking Enforcement and Prevention Fund (HTEP Fund) into which all fines and forfeitures of money paid to the Pohnpei Government under this chapter shall be deposited. The Human Trafficking Enforcement and Prevention Fund is authorized to receive appropriations from the Pohnpei Treasury as provided in the annual Comprehensive Budget Act and such grants and donations that are available for the purposes for which the Fund has been created. (2) There is hereby authorized for appropriation from the Human Trafficking Enforcement and Prevention Fund a sum or sums as may be appropriated annually in the Comprehensive Budget Act for the purpose of providing funding for the administration of this chapter and for the financing of programs and benefits created under this chapter. (3) The sums herein authorized for appropriation shall be administered and expended by the Governor solely for the purpose stated in Subsection (2) of this section. The Governor shall report to the Legislature on or before October 15 of each fiscal year on all matters concerning the expenditure of the sums authorized for appropriation by this section. Any balance of the sums appropriated under the authorization of this section not expended or obligated for expenditure on September 30 of each fiscal year shall revert to the Human Trafficking Enforcement and Prevention Fund. Source: S.L. No. 8L-18-13 §1, 1/16/13

§§8A-156--8A-199. [RESERVED]

PART 3 PROTECTION OF VICTIMS §8A-200. Victim’s rights.  (1) Victims of human trafficking shall have the same rights as other victims of a crime, including, the right to receive victim compensation.

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(2) Victims of human trafficking shall also be entitled to basic information, including, but not limited to, information on their legal rights, human rights, immigration rights, emergency assistance and resources, and any other applicable rights and resources. (3) Any statement by a putative victim of human trafficking, or the minor child of such victim, to a qualified social worker or case-worker, guardian appointed under this chapter, or advocate, is a privileged communication unless waived by the victim’s attorney, the adult victim, or the advocate or guardian of a child victim. (4) Department of Health Services’ employees and contractors shall provide information and statements to a person or such person’s attorney, guardian, or legal representative for purposes of such person’s application for relief or benefits under the victim assistance laws or regulations. Any statement made under this subsection shall be privileged for purposes of any criminal or civil action. (5) Victims of human trafficking shall not be required to cooperate with law enforcement in the investigation or prosecution of their traffickers as a condition to receiving any social service or benefit, including legal services. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-201. Civil action.  (1) An individual who is a victim of trafficking may bring a civil action in the appropriate court. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious. (2) Any statute of limitation imposed for the filing of a civil suit will not start to run until any minor plaintiff has reached the age of majority, with the exception of persons determined to have or suffer from mental illness, retardation or other mental defects at the time of or before their victimization. (3) If a person entitled to sue is under a disability at the time the cause of action accrues, so that it is impossible or impracticable for him or her to bring an action, then the time of the disability is not part of the time limit for the commencement of the action. Disability includes, but is not limited to, insanity, imprisonment, or other incapacity or incompetence. (4) The running of the statute of limitations may be suspended where a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as, psychological trauma, cultural and linguistic isolation, and the inability to access services. (5) A defendant is stopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action or placing the plaintiff under duress. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-202. Applicability of labor standards.  The government of Pohnpei shall investigate complaints of unlawful working conditions without regard to the immigration status of complainants and without regard to the nature of the work or services involved. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-203. Protection of victims.  Investigative, prosecutorial, and other appropriate authorities shall interview all persons arrested on charges of prostitution, and take all other steps necessary to identify victims of trafficking in persons, including FSM citizens and foreign nationals. Once victims are identified, these authorities shall provide reasonable protection to victims of trafficking in persons to prevent recapture by the traffickers and their associates, secure the victim and the victim’s family from threats, reprisals or intimidation by the traffickers and their associates, and ensure the victim has an opportunity to consult with a victim advocate or other appropriate person to develop a safety plan. Source: S.L. No. 8L-18-13 §1, 1/16/13

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§8A-204. Protection of the privacy of victims.  In a prosecution for violations of the criminal provisions of this chapter, the identity of the victim and the victim’s family shall be kept confidential by ensuring that names and identifying information of the victim and victim’s family are not released to the public, including by the defendant. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-205. Information for victims.  The government of Pohnpei shall inform victims of trafficking in persons, in a language they can understand, of their legal rights and the progress of relevant court and administrative proceedings, as appropriate, including, but not limited to, progress in the prosecution of the criminal offenders; information on convicted persons’ prison release dates; and the procedure for repatriating a victim to his/her country of citizenship or lawful residence. The government of Pohnpei shall also provide victims with a directory of local victim service organizations, including, legal services organizations that can assist victims in obtaining or maintaining legal immigration status. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-206. Opportunity for presentation of victim’s views and concerns.  The government of Pohnpei shall provide an opportunity to a victim of trafficking in persons, if the victim desires it, to present the victim’s views and concerns at appropriate stages of criminal proceedings against traffickers, in a manner not prejudicial to the rights of the defendant. Where practicable, an interpreter who speaks a language the victim understands shall be made available to the victim during the course of legal proceedings. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-207. Support for victims.  (1) Within 180 days of the enactment of this chapter, the government of Pohnpei shall develop plans, in consultation with non-governmental organizations and other elements of civil society, for the provision of appropriate services, from governmental and non-governmental sources, for victims of trafficking in persons, whether FSM citizens or foreign nationals, and any dependents accompanying the victims, or parents or guardians of minor victims, including, but not limited to: (a) Appropriate housing, taking into account the person’s status as a victim of crime and including safe conditions for sleeping, food and personal hygiene; (b) Psychological counseling in a language the victim can understand; (c) Medical assistance; (d) Child care; (e) Other material assistance as appropriate; (f) Employment, educational, language, and training opportunities; and (g) Legal assistance. (2) Foreign national victims of trafficking in persons, and their accompanying dependent children, shall be entitled to receive social benefits in the same manner as refugees. (3) Victims of trafficking in persons shall not be given shelter in prisons or other detention facilities for accused or convicted criminals. Chief victims of trafficking in persons shall not be housed in prisons or other detention facilities for accused or convicted criminals or juvenile delinquents under any circumstances. (4) Residence in shelters or other facilities established under this section shall be voluntary, and victims may decline to stay in shelters or other facilities. (5) Victims in shelters or other facilities shall have the option to communicate with and receive visits from family, friends, attorneys, and advocates without restrictions or limitations. (6) The governmental service providers described in Subsection (1) of this section shall take into account the age, gender and special needs of victims and accompanying dependent children in formulating plans to provide services to them and in delivering such services. (7) Plans developed in accordance with Subsection (1) of this section shall be submitted for approval to appropriate state authorities, which shall also undertake periodic reviews of the plans and their implementation

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to ensure compliance with the requirements of this part and to ensure that all victims are treated with respect for their human rights and dignity. (8) The governmental service providers, in consultation with the non-governmental organizations, prior to removal of foreign victims to their country of citizenship, shall ensure that victims do not face hardship and retribution. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-208. Appropriate implementation for child victims.  The provisions of this part shall be provided to trafficking victims who are minors in a manner that is in the minor’s best interests and appropriate to their situation. Minor trafficking victims shall be provided with appropriate services, which may include an explanation of their rights, privacy, housing, care, and age-appropriate support and rights. Special programs shall be developed to accommodate minor witnesses, including, but not limited to: (1) Testimony of minor conducted outside court setting or by video; (2) All testimony and court proceedings take place with parent, legal guardian or foster parent present, if it is in the best interests of the minor; (3) Whenever safe and possible, minors should be reunited with family members, whether within or outside the state; and (4) Special mental and physical medical care tailored to the minor’s needs. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-209. Human trafficking victim-caseworker privilege.  (1) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a human trafficking caseworker if the privilege is claimed by any of the following persons: (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or (c) The person who was the human trafficking caseworker at the time of the confidential communication. However, that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. The human trafficking caseworker who received or made a communication subject to the privilege granted by this part shall claim the privilege whenever he or she is present when the communication is sought to be disclosed and he or she is authorized to claim the privilege under this section. (2) A human trafficking caseworker shall inform a trafficking victim of any applicable limitations on confidentiality of communications between the victim and the caseworker. This information may be given orally. (3) As used in this part, “human trafficking caseworker” means a person who is employed by any organization whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who has received specialized training in the counseling of victims of trafficking in persons, and who meets the standards for caseworkers prescribed by the Director of the Department of Public Safety in regulations issued pursuant to this chapter. (4) As used in this part, “confidential communication” means information transmitted between the victim and the caseworker in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third person other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the human trafficking counselor is consulted. It includes all information regarding the facts and circumstances involving all incidences of human trafficking. (5) As used in this part, “holder of the privilege” means the victim when he or she has no guardian or conservator, or a guardian of the victim when the victim has a guardian. Source: S.L. No. 8L-18-13 §1, 1/16/13

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§8A-210. Protection of trafficking shelters.  (1) Any person who maliciously or with criminal negligence publishes, disseminates, or otherwise discloses the location of any trafficking victim, any trafficking shelter or any place designated as a trafficking shelter, without the authorization of that trafficking victim or trafficking shelter is guilty of an offense and upon conviction thereof shall be imprisoned for a period of not more than one year or fined not more than $1,000, or both such fine and imprisonment. (2) For purposes of this section, “trafficking shelter” means a confidential location, which provides emergency housing for victims of human trafficking. Source: S.L. No. 8L-18-13 §1, 1/16/13

§8A-211. Regulations.  The Director of the Department of Public Safety is empowered to issue and promulgate rules and regulations for the implementation and enforcement of this chapter, which upon approval of the Governor and compliance with the Administrative Procedures Act, Title 8 Chapter 1, shall carry the force and effect of law. Source: S.L. No. 8L-18-13 §1, 1/16/13

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61 PC 9-101 61 PC 9-112

CRIMINAL LAW: Offenses Against Public Order

CHAPTER 9 OFFENSES AGAINST PUBLIC ORDER Section Part A [Reserved – General provisions] 9-101 – 9-110 [Reserved] Part B Disorderly conduct and related offenses 9-111 Disorderly conduct 9-112 Weapons prohibited in establishments serving alcoholic beverages

9-113 Appearance in public under the influence of narcotics, drugs or alcohol

PART A [RESERVED – GENERAL PROVISIONS] §§9-101 – 9-110. [RESERVED]

PART B DISORDERLY CONDUCT AND RELATED OFFENSES §9-111. Disorderly conduct.  (1) A person who, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: (a) Engages in fighting or in violent, tumultuous or threatening behavior; or (b) Makes unreasonable noise; or (c) In a public place, uses abusive or obscene language, or makes an obscene gesture; or (d) Without lawful authority, disturbs any lawful assembly or meeting of persons; or (e) Obstructs vehicular or pedestrian traffic; or (f) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or (g) Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose; (2) Shall be guilty of disorderly conduct, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §6-7, 4/6/95

§9-112. Weapons prohibited in establishments serving alcoholic beverages.  (1) No person in Pohnpei shall be in any bar, pub, nightclub or other establishment that sells alcoholic beverages for consumption on the premises if such person is in immediate possession of any knife with a blade longer than three inches, any ice pick, spear, club, billy, truncheon, rock, chopper stick or any other instrument capable of causing serious injury or death. (2) The prohibition of this section shall not apply to employees of such establishments who are on duty and whose employment requires the use of knives or ice picks and who possess none of the other objects listed in Subsection (1) of this section. (3) Every person who violates the prohibition of this section shall be guilty of possession of a prohibited weapon in an establishment serving alcoholic beverages and upon conviction thereof shall

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be imprisoned for a period of not more than six months or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §6-23, 4/6/95

§9-113. Appearance in public under the influence of narcotics, drugs or alcohol.  A person is guilty of appearance in public under the influence of narcotics, drugs or alcohol when he appears in a public place under the influence of narcotics, drugs or alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity, and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §6-8, 4/6/95

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61 PC 10-101 61 PC 10-111

CRIMINAL LAW: Offenses Against Public Administration

CHAPTER 10 OFFENSES AGAINST PUBLIC ADMINISTRATION Section Part A [Reserved – General provisions] 10-101 – 10-110 [Reserved] Part B Obstruction of public administration 10-111 Concealment, removal or alteration of record or process 10-112 Misconduct in public office 10-113 Impersonating a public servant 10-114 False arrest 10-115 – 10-120 [Reserved] 10-121 Compounding a crime 10-122 Duty to report wounds or death 10-123 – 10-130 [Reserved] Part C Escape 10-131 Escape 10-132 Unlawful rescue 10-133 – 10-140 [Reserved] Part D Bribery 10-141 Bribery 10-142 – 10-150 [Reserved] Part E Interference with enforcement of law or judicial or legislative proceedings 10-151 Perjury 10-152 Obstructing justice 10-153 Interference with service of process 10-154 Criminal contempt Part F Ethics 10-155 Outside employment or financial interest 10-156 Use of state property or information

PART A [RESERVED – GENERAL PROVISIONS] §§10-101 – 10-110. [RESERVED]

PART B OBSTRUCTION OF PUBLIC ADMINISTRATION §10-111. Concealment, removal or alteration of record or process.  Every person who willfully and unlawfully conceals, removes, takes away, mutilates, obliterates, alters or destroys, or attempts to do so, or willfully takes and carries away any record or process in or from the executive branch, any court, adjudicatory body, the Legislature or official authorized to issue or serve the same, shall be guilty of tampering with record or process, as the case may be, and upon conviction thereof, shall be

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imprisoned for a period of not more than three years or fined not more than $1,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-1, 4/6/95

§10-112. Misconduct in public office.  Every public official who does any illegal act under the color of office, or willingly neglects to perform the duties of his office as provided by law, shall be guilty of misconduct in public office, and upon conviction thereof shall be imprisoned for a period of not more than two years or fined not more than $1,000, or both such fine and imprisonment. For purposes of this section, “public official” includes public officials of the local governments of Pohnpei. Source: S.L. No. 3L-89-95 §3-13, 4/6/95

§10-113. Impersonating a public servant.  Every person who willfully and unlawfully impersonates a public servant by falsely pretending to be a public servant with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretence to his prejudice, shall be guilty of impersonating a public servant and upon conviction thereof shall be imprisoned for a period of not more than two years or fined not more than $500, or both such fine and imprisonment. For purposes of this section, “public servant” includes officers and employees of the local governments of Pohnpei. Source: S.L. No. 3L-89-95 §3-9, 4/6/95

§10-114. False arrest.  Every person who unlawfully detains another by force and against his will, then and there not being in possession of authority to do so, shall be guilty of false arrest and upon conviction thereof shall be imprisoned for a period of not more than one year or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-7, 4/6/95

§§10-115 – 10-120. [RESERVED] §10-121. Compounding a crime.  Every person who, having knowledge that a crime has been, is being, or is about to be committed, unlawfully, knowingly, and willfully agrees for a reward not to report the crime to the appropriate authority shall be guilty of compounding a crime, and upon conviction thereof shall be imprisoned for a period of not more than one year or fined not more than $500, or both such fine and imprisonment. This section shall not be construed to prevent any person from offering or accepting in good faith a customary settlement in relation to his offensive action or that of any other person. Source: S.L. No. 3L-89-95 §2-3, 4/6/95

§10-122. Duty to report wounds or death.  (1) Every person who gains reliable knowledge of a death or injury resulting from a knife wound, bullet wound, powder burn or sustained in a suspicious or unusual manner or under conditions suggesting poisoning or violence, shall make a report thereof immediately, and in any case within five days of obtaining such knowledge, to any law enforcement official. Said report shall state to the best of the reporter’s knowledge: (a) The name and location of the injured or deceased person; (b) The date of injury or death, or date of gaining knowledge thereof by an informant, if date of injury or death is unknown; (c) The cause and manner of injury or death; and (d) The name of the person causing the injury or death. (2) No person making a report in compliance with this section shall be deemed to have violated the confidential relationship existing between doctor and patient. - 50 -

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(3) Copies of such report shall be furnished without charge to the Pohnpei Public Defender at his request. (4) Any person violating Subsection (1) of this section shall be guilty of failure to report a wound or death and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §2-7, 4/6/95

§§10-123 – 10-130. [RESERVED]

PART C ESCAPE §10-131. Escape.  Every person who unlawfully assists any prisoner or any person whose freedom of movement has been restricted by order of the court to depart from lawful custody or place of restriction except by due process of law; or whosoever, being a prisoner or detainee unlawfully and willfully departs from such custody or place of restriction, shall be guilty of escape, and upon conviction thereof shall be imprisoned for a period of not more than three years or fined not more than $1,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-5, 4/6/95

§10-132. Unlawful rescue.  Every person who unlawfully, knowingly, and willfully provides any assistance to any prisoner or person whose freedom of movement has been restricted by order of the court in flight from lawful custody or place of restriction shall be guilty of unlawful rescue, and upon conviction thereof shall be imprisoned for a period of not more than three years or fined not more than $1,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-19, 4/6/95

§§10-133 – 10-140. [RESERVED]

PART D BRIBERY §10-141. Bribery.  Every person who unlawfully and voluntarily attempts to give or receive anything of value in wrongful and corrupt payment for an official act done or not done shall be guilty of bribery, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than three times the value of the payment received, or both such fine and imprisonment; or, if the value of the payment cannot be determined in dollars, shall be imprisoned for a period of not more than three years or fined not more than $1,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §4-1, 4/6/95

§§10-142 – 10-150. [RESERVED]

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PART E INTERFERENCE WITH ENFORCEMENT OF LAW OR JUDICIAL OR LEGISLATIVE PROCEEDINGS §10-151. Perjury.  Every person who takes an oath or any legal substitute therefor before a competent tribunal, or the Legislature or a duly authorized committee thereof, or before any officer, or person, in any case or hearing in which a law of Pohnpei authorizes an oath or any legal substitute therefor to be administered, that he will testify, declare, depose or certify truly, or that any written testimony, deposition or certificate by him subscribed is true, and who willfully and contrary to such oath or legal substitute therefor states or subscribes any material which he does not believe to be true, shall be guilty of perjury, and upon conviction thereof shall be imprisoned for a period of not more than three years or fined not more than $1,000, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-17, 4/6/95

§10-152. Obstructing justice.  Every person who unlawfully resists or interferes with any law enforcement officer in the lawful pursuit of his duties, or who unlawfully tampers with witnesses or attempts to prevent their attendance at trials, shall be guilty of obstructing justice, and upon conviction thereof shall be imprisoned for a period of not more than one year or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-15, 4/6/95

§10-153. Interference with service of process.  Every person who knowingly and willfully obstructs, resists or opposes any policeman or other person duly authorized in serving or executing or attempting to serve or execute any process issued by a court or official authorized to issue the same, shall be guilty of interference with service of process and, upon conviction thereof, shall be imprisoned for a period of not more than six months or fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-11, 4/6/95

§10-154. Criminal contempt.  Every person who unlawfully, knowingly, and willfully interferes directly with the operation and function of a court, or the Legislature or a duly authorized meeting of a committee thereof, by open defiance of an order, in or near the courtroom, or legislative chamber or meeting room; or by disturbing the peace in or near the courtroom, legislative chamber or meeting room; or, when a witness, by refusing to answer lawful questions; or resists or refuses, or fails to comply with a lawful order of the court or the Legislature or a duly authorized committee thereof, or interferes with an officer of the court, Legislature or duly authorized committee thereof in the pursuit of his official duties, shall be guilty of criminal contempt and upon conviction thereof shall be imprisoned for a period of not more than six months or fined not more than $100, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-3, 4/6/95

PART F ETHICS §10-155. Outside employment or financial interest.  (1) No public officer or employee of the Pohnpei Government, as defined by the Pohnpei Ethics Act, Title 9 Chapter 8, shall knowingly and willfully engage in any outside employment, including teaching, lecturing or writing, which may result in a conflict, or apparent conflict, between the private interests of the officer or employee and his official duties and responsibilities.

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(2) An officer or employee is free to engage in the same lawful transactions as private citizens except that an officer or employee may not have direct or indirect financial interests that conflict substantially, or appear to conflict substantially, with his responsibilities and duties as an officer or employee. (3) No officer or employee of the Pohnpei Government, as defined by the Pohnpei Ethics Act, Title 9 Chapter 8, may knowingly and willfully engage, either directly or indirectly, in a financial transaction as a result of, or primarily relying upon, information obtained through his position or employment. (4) Any person who violates any provision of this section shall, in addition to all other civil and criminal penalties prescribed or recognized by law, be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 or imprisoned not more than 180 days, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-20, 4/6/95 Note: §3-20 was inserted by S.L. No. 5L-11-00 §4-2, 8/1/00.

§10-156. Use of state property or information.  (1) No public officer or employee of the Pohnpei Government, as defined by the Pohnpei Ethics Act, Title 9 Chapter 8, shall use state property of any kind for any use other than officially approved activities. (2) No public officer or employee, so defined, shall, directly or indirectly, make use of, or permit others to make use of, for the purpose of furthering a private interest, official information not made available to the general public. (3) Any person who violates any provision of this section shall, in addition to all other civil and criminal penalties prescribed or recognized by law, be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 or imprisoned not more than 180 days, or both such fine and imprisonment. Source: S.L. No. 3L-89-95 §3-21, 4/6/95 Note: §3-21 was inserted by S.L. No. 5L-11-00 §4-3, 8/1/00. S.L. No. 5L-11-00 §4-1 amendment to Title of Chapter 3 of S.L. No. 3L-89-95, the Pohnpei Crimes Act of 1994 has been omitted.

CHAPTERS 11 & 12 [RESERVED]

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61 PC 13-101 61 PC 13-102

CRIMINAL LAW: Obscene Communications

CHAPTER 13 OBSCENE COMMUNICATIONS Section 13-101 Prohibited behavior 13-102 Telephone surveillance

§13-101. Prohibited behavior.  Any person who intentionally harasses, annoys, threatens or alarms another person by means of obscene or offensive language or written description communicated, anonymously or otherwise, by telephone or other communication device shall be guilty of harassment via communications systems and upon conviction thereof shall be imprisoned for not more than six months, fined not more than $500, or both such fine and imprisonment. Source: S.L. No. 3L-31-93 §1, 3/15/93

§13-102. Telephone surveillance.  Upon submission of a certified affidavit to the Pohnpei Supreme Court by the victim of telephone harassment, the court may order the police and the FSM Telecommunications Corporation to jointly monitor incoming telephone messages, using the best available electronic detection devices, in order to aid in the identification and apprehension of violators of this chapter. Source: S.L. No. 3L-31-93 §2, 3/15/93

CHAPTER 14 [RESERVED]

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CRIMINAL LAW: Fire Control

CHAPTER 15 FIRE CONTROL Section 15-101 Fires to clear land; permission required 15-102 Penalties

§15-101. Fires to clear land; permission required.  No fires to clear land, including the burning of stumps, logs, brush, dry grass or fallen timber, shall be started without the prior written permission of the Governor or his authorized representative. Whether authorized by permit or not, no fires shall be started during a heavy wind or without sufficient help present to control the same, and the fire shall be watched by the person setting it, or by his competent agents, until put out. Source: TTC §765 (1966); 63 TTC §451 (1970); 63 TTC §451 (1980)

§15-102. Penalties.  (1) A person who, without proper and valid authorization, sets any fire in violation of §15-101 shall be guilty of a misdemeanor, and liable to be fined up to $100 or imprisoned not more than one month, or both such fine and imprisonment. (2) A person who, without proper and valid authorization: (a) Willfully, maliciously or negligently sets on fire or causes to be set on fire any woods, brush, prairies, grass, grain or stubble on any lands not owned, leased or controlled by him, or (b) Willfully, maliciously or negligently allows a fire to escape from land owned, leased or controlled by him whereby any property of another is injured or destroyed; or (c) Accidentally sets or causes to be set any fire on land not owned, leased or controlled by him or sets or causes to be set any fire on land owned, leased or controlled by him which spreads to the land of another, and allows such fire to escape from his control without using every effort to extinguish it, shall be deemed guilty of a misdemeanor and liable to be fined not more than $100 or imprisoned for a period of not more than six months, or both such fine and imprisonment. (3) Setting such fires or causing or permitting them to be set or allowing them to escape shall be prima facie proof of willfulness, malice or negligence under this section; PROVIDED that nothing herein contained shall apply to a person who in good faith sets a backfire to check a fire already burning; PROVIDED FURTHER, that nothing in this section shall be construed to prohibit the use of food, brush, grass or other vegetable fuels in properly set and controlled cooking, heating or industrial fires. Source: TTC §766 (1966); 63 TTC §452 (1970); 63 TTC §452 (1980)

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61 PC 16-101 61 PC 16-102

CRIMINAL LAW: Misuse of Government Property

CHAPTER 16 MISUSE OF GOVERNMENT PROPERTY Section Part A Government Vehicles 16-101 Definitions 16-102 Government vehicles 16-103 Penalties

16-104 Exemption 16-105 Vehicle identification

Part B Credit and Cash Flow Cards 16-106 Prohibition 16-107 Existing cards

16-108 Criminal remedies 16-109 Civil remedies

PART A GOVERNMENT VEHICLES §16-101. Definitions.  (1) As used in this part, “vehicle” means any automobile, car, truck, bus, rover, station wagon, jeep, van, cycle, and any other motorized means of overland conveyance and any craft, ship, boat, vessel, and any other motorized means of oversea conveyance. (2) As used in this part, “government vehicle” means any vehicle owned, leased, operated or otherwise entrusted to the care or custody of the state or any agency, department, bureau, commission, authority, local government or political subdivision of the state. Source: S.L. No. 2L-90-89 §1, 2/28/89

§16-102. Government vehicles.  (1) It shall be unlawful for any person to knowingly and willfully operate a government vehicle without having first obtained a government motor vehicle operator’s identification card. (2) It shall be unlawful for any person to knowingly and willfully possess, operate, occupy or otherwise use government vehicles, wherever situated, without proper authority. Except for circumstances as in Subsection (4) of this section, proper authority shall not include nonofficial or personal uses under any other circumstances. (3) No person shall knowingly and willfully operate a government vehicle except during regular working hours without a written permit therefor prominently displayed on the dashboard of the vehicle, which permit shall prescribe the times and places of authorized use, authorized operators and passengers, and duration of validity; PROVIDED that permitted vehicles shall be used for causes that are official and governmental in nature and not for any personal and private activities that may include shopping, sakau market, picnicking, parties and other uses that are personal and non-governmental. The permit shall be signed by either the Governor, the Speaker of the Legislature, the Chief Justice of the Pohnpei Supreme Court or the Public Auditor of the Pohnpei Government or in the absence of such official, the person officially acting in such capacity according to the branch of government to which the vehicle is assigned. (4) Except in emergency cases, no operator of a government vehicle shall knowingly and willfully carry or allow any unauthorized passenger to ride in or upon that vehicle. (5) Except for local government vehicles, every government vehicle, unless otherwise provided, shall be parked in a central location or locations designated by the Governor at all times it is not in active government use. The Governor shall provide security at said locations for the protection of

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such vehicles. No government vehicle may be parked at a private residence nor used as transportation to or from private residences to places of government employment. (6) No government officer, employee, supervisor or other government employee charged with the care or custody of a government vehicle shall knowingly and willfully or recklessly permit or allow such vehicle to be operated or used in violation of any provision of this section. Source: S.L. No. 2L-90-89 §2, 2/28/89; S.L. No. 7L-99-11 §1, 8/12/11

§16-103. Penalties.  Any person who violates any provision of this part shall, in addition to all other civil and criminal penalties prescribed or recognized by law, be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000, or imprisoned not more than 60 days, or both such fine and imprisonment. Source: S.L. No. 2L-90-89 §3, 2/28/89

§16-104. Exemption.  §16-102(3) shall not be applicable to official vehicles assigned for the use of the Governor, Chief Justice, Speaker, the Lieutenant Governor and Public Auditor; PROVIDED that vehicles that are assigned and used for emergency purposes such as ambulances, fire trucks and police vehicles shall also be excluded from §16-102(3). Source: S.L. No. 2L-90-89 §4, 2/28/89; S.L. No. 7L-99-11 §2, 8/12/11

§16-105. Vehicle identification.  Every government vehicle shall display in a prominent location thereon, a seal, insignia or decal which shall indicate government ownership; PROVIDED that any government vehicle may be operated without such markings when reasonably necessary for law enforcement or police investigations. Source: S.L. No. 2L-90-89 §5, 2/28/89

PART B CREDIT AND CASH FLOW CARDS §16-106. Prohibition.  Notwithstanding any internal procurement code or rule which may provide otherwise, no officer or employee of the Pohnpei Government and no officer or employee of any public corporation or other public entity established by Pohnpei law may utilize a credit card or cash flow card, which bears the name of the Pohnpei Government or such public corporation or other entity or the use of which will result in any direct financial charge against the Pohnpei Government or against any public corporation or other public entity established by Pohnpei law, or against any assets thereof, or the use of which will result in any automatic financial deduction or withdrawal from any account or fund of the Pohnpei Treasury or any account or fund of a public corporation or other public entity established by Pohnpei law. Source: S.L. No. 5L-03-00 §1, 5/31/00

§16-107. Existing cards.  Any person subject to §16-106, in possession of, or having authority over a credit or cash flow card described in §16-106 or after the effective date of this part [ May 31, 2000], shall, within ten working days following the effective date of this part, render the card unusable and deliver the card, so nullified, to the Governor along with a written report of the steps which have been taken to notify the issuer of the card that the card has been canceled. Said report shall also include a description of all steps being taken to close any lines of credit or debit authority and any outstanding charges that remain on the account or line of credit which the card represents. Source: S.L. No. 5L-03-00 §2, 5/31/00

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§16-108. Criminal remedies.  Following the effective date of this part [May 31, 2000], any person who shall knowingly and willfully use or attempt to use any credit card or cash flow card in violation of §16-106 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000, or imprisoned not more than two years, or both so fined and imprisoned. Source: S.L. No. 5L-03-00 §3, 5/31/00

§16-109. Civil remedies.  Following the effective date of this part [May 31, 2000], any person who shall knowingly and willfully use or attempt to use any credit card or cash flow card in violation of §16-106, in addition to such criminal penalties as prescribed by §16-108 and all other sanctions as may be prescribed by law, shall be personally liable to reimburse the Pohnpei Government or public entity upon which the credit or debit is made for all charges and debits and all interest and other fees which may attach thereto, resulting from the use of the card in violation of this part. Source: S.L. No. 5L-03-00 §4, 5/31/00

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