Title 13. OFFENSES
AND PENALTIES
Part I. Offenses
Chapter 1.
Provisions of General Applicability
Section 13.101. Prior offense.
(1) Except as otherwise provided in subsection 2, this title
does not apply to an offense committed before the effective date of the Code.
For purposes of this section, an offense is committed before the effective date
if any of the elements of the offense occurred before that date.
(2) Prosecutions for an offense committed prior to the
effective date of the Code are governed by prior law, which is continued in
effect for that purpose, as if this Code were not in effect.
Section 13.102. Territorial applicability.
(1) Except as otherwise provided in this section, a person
may be convicted under the law of the State for an offense committed by his own
conduct or the conduct of another for which he is legally accountable, if:
(a) either the conduct or the result which is an element of
the offense occurs within the State;
(b) conduct occurring outside the State is sufficient under
the law of the State to constitute an attempt to commit an offense within the
State;
(c) conduct occurring outside the State is sufficient under
the law of the State to constitute a conspiracy to commit an offense within the
State and an overt act in furtherance of the conspiracy occurs within the
State;
(d) conduct occurring within the State establishes
complicity in the commission of, or an attempt, solicitation, or conspiracy to
commit, an offense in another jurisdiction which also is an offense under the
law of the State;
(e) the offense consists of the omission, while within or
outside the State, to perform a legal duty imposed by the law of the State with
respect to domicile, residence, or a relationship to a person, thing, or
transaction in the State; or
(f) the offense is based on a statute of the State which
expressly prohibits conduct outside the State, when the conduct bears a
reasonable relation to a legitimate interest of the State.
Section 13.103. Classification of offenses. A felony is an offense punishable by imprisonment for a
period of more than one year. Every other offense is a misdemeanor.
Section 13.104. General principles of responsibility.
(1) Conduct of another
(a) A person is criminally liable for the conduct of
another, if:
(1) he intentionally aids, abets, advises, solicits,
counsels, or conspires with or otherwise procures the other to commit an
offense;
(2) while acting with the state of mind that is sufficient
for the commission of the offense, he causes an innocent or irresponsible
person to engage in the conduct; or
(3) having a legal duty to prevent the commission of an
offense, he fails to make a reasonable effort to do so.
(b) A person liable pursuant to this subsection is also
liable for any other offense committed in the furtherance of the intended
offense if reasonably foreseeable as a probable consequence of committing or
attempting to commit the offense intended;
(c) A person liable pursuant to this subsection 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, or has been convicted of a different offense or degree of an
offense or has been acquitted.
(2) Disease or disorder
(a) A person is not responsible for criminal conduct if, at
the time of the conduct as a result of physical or mental disease, disorder, or
defect, he lacks substantial capacity either to appreciate the wrongfulness of
his conduct or to conform his conduct to the requirements of law.
(b) The terms "physical or mental disease, disorder, or
defect" do not include an abnormality manifested only by repeated criminal
or otherwise antisocial conduct.
(c) Physical or mental disease, disorder, or defect
excluding responsibility is an affirmative defense.
(d) When the defendant is acquitted on the ground of
physical or mental disease, disorder, or defect excluding responsibility, the
verdict and the judgment so states.
(e) Evidence that the defendant suffered from a physical or
mental disease, disorder, or defect is admissible whenever it is relevant to
prove that the defendant did or did not have a state of mind which is an
element of the offense.
(f) No person who, as a result of a physical or mental
disease, disorder, or defect, lacks capacity to understand the proceedings
against him or to assist in his own defense is tried, convicted, or sentenced
for the commission of an offense so long as the incapacity endures.
(g) If the Court determines that the defendant lacks fitness
to proceed, the proceedings against him are suspended, and the Court commits
him for a reasonable period of time, to an appropriate institution for the
purpose of restoring fitness to proceed. If the Court is satisfied that the
defendant may be released on conditions without danger to himself or to the
person or property of another, the Court orders his release, which continues at
the discretion of the Court, on conditions as the Court determines necessary.
(h) When the Court, on its own motion, or upon the
application of the institution, or the prosecuting attorney, or the
defendant, determines after a hearing, if a hearing is requested, that the
defendant has regained fitness to proceed, the proceedings are resumed. If the Court determines that so much time has
elapsed due to the defendant's unfitness of the defendant to proceed that it
would be unjust to resume the criminal proceedings, the Court may dismiss the
charge and may order the defendant to be discharged or, subject to the law
governing the civil commitment or conditional release of persons suffering from
physical or mental disease, disorder, or defect, order the defendant to be
committed or released on conditions as the Court determines necessary.
(i) A statement of a person made under treatment pursuant to
this subsection, or made during an examination for the purpose of assessing
criminal responsibility or fitness to proceed is not admissible in evidence
against him in a criminal proceeding on any issues other than that of his
physical or mental condition, excluding criminal responsibility or fitness to
proceed, but it is admissible upon those issues whether or not it would
otherwise be deemed a privileged communication, unless the statement
constitutes an admission of guilt of the offense charged.
(3) Intoxication
(a) An act committed while In a state of voluntary
intoxication is not less criminal by reason thereof, but evidence of
intoxication of the defendant is admissible to prove or negate the conduct
alleged or the state of mind which is an element of the offense.
(b) Intoxication does not constitute by itself a physical or
mental disease, disorder, or defect within the meaning of subsection (2).
(c) When recklessness establishes an element of the offense,
if the defendant is voluntarily intoxicated, a resulting unawareness is
immaterial.
(d) "Intoxication" is a disturbance of mental or
physical capabilities resulting from the introduction of substances into the
body.
(4) Age
(a) Children under the age of ten are conclusively presumed
to be incapable of committing an offense. Children between the ages of ten and
fourteen are also conclusively presumed to be incapable of committing an
offense, except the offenses of murder and rape, in which case the presumption
is rebuttable. This section does not prevent proceedings pursuant to Chapter 48
of Title 6.
Section 13.105. Principal and accessory.
(1) A principal is a person who commits an offense 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. No
distinction is made between principals in the first and second degrees, and no
distinction is made between a principal and an accessory before the fact.
(2) An accessory is a person who, knowing that an offense
has been committed, receives, relieves, comforts, or assists the offender in
order to hinder or prevent his apprehension, trial, or punishment.
Section 13.106. Time
limitations for beginning prosecutions.
(1) A prosecution
for murder may be commenced at any time.
(2) Except as
otherwise provided in this Code, prosecution for other offenses are subject to
the following time limitations:
(a) A prosecution
for a felony must be commenced within three years after it is committed.
(b) A prosecution
for a misdemeanor must be commenced within one year 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 offense, an
element of which is either fraud or a breach of fiduciary obligation, within
one year of discovery of the offense by the 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 offense, 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 the complaining jurisdiction or has
no reasonably determinable place of abode or work within the 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 when an information is filed in Court.
Added by State Law 7-42.
Chapter 2. Offenses of General Applicability
Section 13.201. Accessory. Accessory is knowing that an offense has been committed,
and receiving, relieving, comforting, or assisting the offender in order to
hinder or prevent his apprehension, trial, or punishment. The penalty for
accessory is provided in Section 13.1101 (1).
Section 13.202. Attempt. Attempt is attempting to commit any of the offenses named
in this title, which attempt falls short of actual commission of the offense
itself. The penalty for attempt is provided in Section 13.1101 (2).
Section 13.203. Conspiracy. Conspiracy is agreeing with one or more persons with
intent to promote or facilitate the commission of an offense, that they, or one
or more of them, will engage in or solicit the conduct or will cause or solicit
the result specified by the definition of the offense and causing the
commission, by himself or by a person with whom he conspired, of an overt act
in furtherance of the conspiracy. If a person conspires to commit a number of
offenses, he is guilty of only one conspiracy if the multiple offenses are the
object of the same agreement or continuous conspiratorial relationship. It is
an affirmative defense 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 which is the object of the conspiracy.
The penalty for conspiracy is provided in Section 13.1101 (3).
Chapter 3. Offenses Against the Person
Section 13.301. Aggravated assault. Aggravated assault is assaulting, striking, beating, or
wounding another with a dangerous weapon, with an intent to kill, rape, rob,
inflict grievous bodily harm, or to commit any other felony. Aggravated assault
is a category one felony.
Section 13.302. Assault. Assault is offering or attempting, with force or violence,
to strike, beat, wound, or to do bodily harm to another. Assault is a category
three misdemeanor.
Background
Amended by State Law 4-53.
Section 13.303. Assault and battery. Assault and battery is striking, beating, wounding, or
otherwise doing bodily harm to another. Assault and battery is a category one
misdemeanor.
Section 13.304. False arrest. False arrest is detaining another without authority by
force and against his will. False arrest is a category one misdemeanor.
Section 13.305. Involuntary manslaughter. Involuntary manslaughter is taking the life of another
without malice, in commission of an unlawful act not amounting to a felony, or
in the commission of a lawful act which might produce death in an unlawful
manner or without due caution and circumspection. Involuntary manslaughter is a
category one felony.
Section 13.306. Kidnapping. Kidnapping is forcibly or fraudulently and deceitfully, and
without authority, imprisoning, seizing, detaining, or inveigling away any
person (other than his minor child), with intent to cause the person to be
secreted against his will, or sent out of the State against his will, or sold
or held as a slave or for ransom. Kidnapping is a category one felony.
Section 13.307. Mayhem. Mayhem is cutting, biting, or slitting the nose, ear, or
lip, or cutting off or disabling the tongue, or putting out or destroying an
eye, or cutting off or disabling a limb or any member or part of another person
with intent to maim or disfigure. Mayhem is a category one felony.
Section 13.308. Murder: first degree. Murder in the first degree is taking the life of another
with malice aforethought by poison, lying in wait, torture, or any other kind
of willful, deliberate, malicious, and premeditated killing, or while in the
perpetration of, or in the attempt to perpetrate, arson, rape, burglary, or
robbery. Murder in the first degree is
punishable by imprisonment not exceeding or equaling twenty years, a fine not
exceeding twenty thousand dollars, or both.
Amended by State Law 7-54.
Section 13.309. Murder:
second degree. Murder in the second degree is taking the life of another
with malice aforethought, or while in the perpetration of, or in the attempt to
perpetrate, any felony other than those enumerated in Section 13.308 of this
chapter. Murder in the second degree is punishable by imprisonment not
exceeding or equaling twenty years, a fine not exceeding twenty thousand
dollars, or both.
Amended by State Law 7-54.
Section 13.310. Robbery. Robbery is stealing, taking or carrying away the personal
property of another, of whatever value, from his person or in his presence and
against his will, by the use of force or intimidation, with the intent to
convert permanently the property to his own use. Robbery is a category one
felony.
Section 13.311. Sexual assault. Sexual assault is intentionally subjecting another person
to sexual penetration, or forcing another person to make a sexual penetration
on himself or another or on an animal, against the other person's will, or
under conditions in which the offender knows or should know that the other
person is mentally or physically incapable of resisting or understanding the
nature of his conduct. Sexual penetration is sexual intercourse, cunnilingus,
fellatio, anal or oral intercourse, or the causing of penetration of the
genital, anal, or oral opening of another to any extent and with any object
whether or not there is an emission. Sexual assault is a category one felony if
serious bodily or psychological injury to the victim results; otherwise, sexual
assault is a category two felony.
Section 13.312. Sexual abuse. Sexual abuse is intentionally having sexual contact with
another person who is less than thirteen years old or causing the person to
have sexual contact with the offender. Sexual contact means any touching of the
sexual or other intimate parts of another done with the intent of gratifying
the sexual desire of either party. Sexual abuse is a category one felony.
Section 13.313. Defamation. Defamation is maliciously defaming by making a false
statement either by writing, printing, or by signs or pictures, or the like, or
by an oral statement, whether or not it is communicated through or by radio or
any mechanical or other means or device whatsoever, tending to blacken the
memory of one who is dead, or to impeach the honesty, integrity, virtue or
reputation of one who is living, or of any educational, literary, social,
fraternal, benevolent or religious corporation, association or organization,
and thereby exposing him or it to public hatred, contempt, or ridicule. Words
uttered in the proper discharge of an official duty, in a legislative or
judicial proceeding, in an official proceeding authorized by law, are
privileged and are not a defamation within the meaning of this section.
Defamation is a category one misdemeanor.
Section 13.314. Voluntary manslaughter. Voluntary manslaughter is taking the life of another
without malice aforethought, upon a sudden quarrel or heat of passion.
Voluntary manslaughter is a category one felony.
Chapter 4. Offenses
Against Property
Section 13.401. Arson. Arson is starting a fire or causing an explosion with the
purpose of:
(1) destroying a building or occupied structure of another;
or
(2) destroying or damaging property, whether the offender's
or another's to collect insurance for the loss. Arson is a category two felony.
Section 13.402. Reckless burning or exploding. Reckless burning or exploding is starting a fire or
explosion, whether on the offender's property or another's and thereby
recklessly:
(a) placing another in danger of death or bodily injury; or
(b) placing a building or occupied structure of another in
danger of damage or destruction. It is an affirmative defense that the conduct
did not recklessly endanger a building or occupied structure of another, or
place a person in danger of death or bodily injury. If a building or structure
is divided into separately occupied units, a unit not occupied by the offender
is an occupied structure of another. Property is that of another if anyone
other than the defendant has a possessory or proprietary interest therein.
Reckless burning or exploding is a category three felony.
Section 13.403. Burglary. Burglary is entering by force, stealth or trickery, the
dwelling place or building of another with the intent to commit a felony,
larceny, assault, or assault and battery therein. Burglary is a category one
felony.
Section 13.404. Cheating. Cheating is obtaining the property or money of another by
false pretenses, knowing the pretenses to be false, with the intent to deprive
the owner of his property or money. If the value of the property thus obtained
is fifty dollars or more, cheating is a category one felony. If the value of
the property is less than fifty dollars, cheating is a category one
misdemeanor.
Section 13.405. Embezzlement. Embezzlement is using, taking, or carrying away the
personal property of another, without the owner's consent, and with the intent
to convert it permanently to one's own use after having lawfully obtained
possession of the personal property. If the value of the property is fifty
dollars or more, embezzlement is a category one felony. If the value of the
property is less than fifty dollars, embezzlement is a category one
misdemeanor.
Section 13.406. Grand larceny. Grand larceny is stealing, taking, or carrying away the
personal property of another, of the value of fifty dollars or more, without
the owner's consent, and with the intent to convert it to one's own use. Grand
larceny is a category one felony.
Section 13.407. Larceny from a dwelling place. Larceny from a dwelling place is stealing,
taking, or carrying away the personal property of another from the dwelling
place of another, without the consent of the owner of the dwelling place or the
owner of the personal property, and with the intent to convert the personal
property to one's own use. Larceny from a dwelling place is a category two
felony.
Section 13.408. Malicious mischief. Malicious mischief is wilfully destroying, damaging, or
injuring property belonging to another. Malicious mischief is a category one
misdemeanor.
Section 13.409. Petty larceny. Petty larceny is stealing, taking, or carrying away the
personal property of another, the value of which is less than fifty dollars,
without the owner's consent, and with the intent to convert it to one's own
use. Petty larceny is a category one misdemeanor.
Section 13.410. Receiving stolen goods. Receiving stolen goods is taking into possession property
which the receiver knows to be stolen or embezzled, and converting the property
to his own use or taking an action inconsistent with the rights of the owner.
Receiving stolen goods is a category two misdemeanor.
Section 13.411. Tampering with mail. Tampering with mail is wilfully opening, destroying,
damaging, or taking into possession without the express or implied consent of
the sender or addressee a postcard, letter, package, envelope or parcel
entrusted by the sender to another for delivery to a third person. This section
does not apply to a person employed by a postal, government, or private courier
service who acts in good faith in performance of his official duties. Tampering
with mail is a category three misdemeanor.
Section 13.412. Trespass. Trespass is entering, or causing an object to enter, the
dwelling place, premises, or property of another without his express or implied
consent, or entering with his consent and, following withdrawal of the consent,
refusing to leave the dwelling place, premises, or property. Trespass is a
category two misdemeanor.
Section 13.413. Unlawful issuance of bank check or draft. Unlawful issuance of a bank check or draft is:
(1) the procuring of an article or thing of value for the
payment of a past due obligation by making, drawing, uttering, or delivering a
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 payment
in full upon its presentment of that check, draft, or order. if the value of
the property thus obtained is fifty dollars or more, unlawful issuance of bank
check or draft is a category three felony. If the value of the property thus
obtained is less than fifty dollars, unlawful issuance of bank check or draft
is a category two misdemeanor.
(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 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 the check, draft, or order.
Section 13.414. Theft
of services.
(1) A person commits
theft if he purposely obtains services which he knows are available only for
compensation, by deception or threat, or by false token or other means to avoid
payment for the services. “Services”
includes labor, professional service, transportation, telephone or other public
service, accommodation in hotels, restaurants, or elsewhere, admission to
exhibitions, and use of vehicles or other movable property.
(2) A person commits
theft if, having control over the disposition of services to other to which he
is not entitled, he knowingly diverts such services to his own benefit or to
the benefit of another not entitled thereto.
Theft of services is a category three misdemeanor.
Added by State Law 7-73.
Chapter 5. Offenses Against the Public Welfare and Tradition
Section 13.501. Abortion. Abortion is intentionally causing the miscarriage of a
pregnant woman or the premature delivery of an infant except to save the life
of the mother or the infant. Abortion is a category one felony.
Section 13.502. Bigamy. Bigamy is being legally married and wilfully marrying
another, except that no person is 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. Bigamy is a category three felony.
Section 13.503. Disturbing the peace. Disturbing the peace is wilfully committing any act which
unreasonably annoys or disturbs another so that he is deprived of peace and
quiet, or which provokes a breach of the peace. Disturbing the peace is a
category two misdemeanor.
Section 13.504. Drunken and disorderly conduct. Drunken and disorderly conduct is being drunk and
disorderly on any street, road, or other public place from the voluntary use of
intoxicating liquor. Drunken and disorderly conduct is a category three
misdemeanor.
Section 13.505. Incest. Incest is engaging in sexual intercourse with a person
within the second degree of blood relationship. Incest is a category one
felony.
Section 13.506. Littering. Littering is the wilful or negligent throwing, dropping,
placing, depositing, or sweeping of any waste matter on land or water in other
than appropriate storage containers or areas designated for such purposes.
Waste matter is discarded, used, or left-over substances including, but not
limited to, a lit or unlit cigarette, cigar, match, or a flaming or glowing
material, or any garbage, trash, refuse, paper, container, packaging or
construction material, carcass of a dead animal, any noxious or offensive
matter, or any object likely to injure a person or create a traffic hazard.
It is unlawful to litter property, or to dump waste matter
in or upon a public or private road, including any portion of the right-of-way
thereof, or in or upon private property into or upon which the public is
admitted by easement or license, or upon private property without the consent
of the owner, or in or upon a public park or other public property other than
property designated or set aside for such purpose. It is unlawful to deposit or
dump, rocks or dirt in or upon a private road, including any portion of the
right-of-way, or upon private property, without the consent of the owner, or in
or upon a public park or other public property, without the consent of the
authority having jurisdiction over the road or property.
No portion of this section is construed to restrict an owner
in the use of his private property, except that the depositing or dumping of
waste matter on the property may not create a public nuisance as defined by
this chapter. Littering is a category three misdemeanor.
Section 13.507. Obstructing entry upon or passage through
public lands. Obstructing entry upon or passage through public lands is
preventing, hindering, or obstructing a person from peaceably entering upon or
establishing a settlement or residence on any tract of public land; or
hindering, preventing, or obstructing free passage of others over or through
public lands. Obstructing entry upon or passage through public lands is a
category three misdemeanor.
Section 13.508. Offensive behavior in a public place. Offensive behavior in a public place is:
(1) fighting or challenging another person to a fight in a
public place; or
(2) using words in a public place which are calculated to
provoke an immediate violent reaction.
Offensive behavior in a public place is a category three
misdemeanor.
Amended by State Law 7-43.
Section 13.509. Public nuisance. Public nuisance is committing an act which is injurious to
health, or indecent, or offensive to the senses, or an obstruction to the free
use of property, and which interferes with the comfortable enjoyment of life or
property by an entire community or neighborhood, or by a considerable number of
persons; or an act which obstructs the free passage or use, in the customary
manner, of any navigable lake, river, bay, stream, canal, or basin, or a public
park, square, street, or road, or wilfully omitting to perform a legal duty
relating to the removal of a public nuisance. Public nuisance is a category
three misdemeanor.
Section 13.510. Returning to land. Returning to land is returning to land from which one has
been removed by process of law, or by the lawful adjudication or direction of
any court, agency, or officer, in a proceeding to settle, reside upon, or take
possession of such land. Returning to land is a category three felony.
Section 13.511. Riot. Riot is the assembly of three or more persons who by
force, violence or breach of peace place others in fear or danger. Riot is a
category one misdemeanor.
Section 13.512. Tampering with antiquities. Tampering with antiquities is disturbing, removing,
damaging, or selling matter belonging to antiquities unless the user has
authorization pursuant to the regulations issued pursuant to Section 11.1402,
or the user owns the matter. Tampering with antiquities is a category one
misdemeanor.
Section 13.513. Trespass by pig. Trespass by pig is owning a pig and failing to prevent the
pig's
entering land of another without the consent of the landowner or
custodian; or owning a pig and failing to maintain a pig enclosure that meets
the requirements of regulations promulgated pursuant to Section 11.1503; or
owning or having custody of a pig and wilfully or negligently allowing it to
become a foraging pig. Trespass by pig is a category one misdemeanor.
Section 13.514. Fouling of public rivers and public water
supply. Fouling of public rivers and public water supply is
introducing impurities into a stream, river or public water supply, except for
the introduction of impurities in a stream or river in connection with the
washing of clothes or a person. Fouling of public rivers and public water
supply is a category one misdemeanor.
Section 13.515. Wagering by a minor. Wagering by a minor is being a minor and wagering or
betting on a game or contest, or being an adult and betting with a minor on a
game or contest. Wagering by a minor is a category three misdemeanor.
Section 13.516. Unauthorized selling of alcoholic drink. Unauthorized selling of alcoholic drink is any of the
following acts:
(1) selling alcoholic drink without possessing and
displaying conspicuously at the place of sale a license authorizing that
specific sale activity;
(2) selling alcoholic drink by wholesale sales at a time
other than between 0800 hours and 2200 hours Monday through Saturday;
(3) selling alcoholic drink by retail sales to a person who
has not displayed to the seller a valid drinking permit;
(4) selling alcoholic drink by retail sales at a time other
than between 0800 hours and 2200 hours Monday through Saturday;
(5) selling alcoholic drink by retail sales within 100 feet
of a school, church, municipal office building or hospital;
(6) being the holder of a retail sale license and permitting
consumption of the alcoholic drink sold on the property upon which stands the
commercial facility where the retail sale occurs;
(7) selling alcoholic drink by bar sales to a person who has
not displayed a valid drinking permit;
(8) selling alcoholic drink by bar sales at a time other
than between 1300 hours and 2400 hours Monday through Saturday;
(9) selling alcoholic drink by bar sales from a facility
located within 3000 feet of a school, church, municipal office building or
hospital or 200 feet from the residence of another or 100 feet from a road;
(10) being the holder of a bar sales license and permitting
a person to bring into or take out of the bar an alcoholic drink or permitting
consumption of an alcoholic drink outside the bar and on the property upon
which stands the bar;
(11) selling alcoholic drink by restaurant sales to a person
who has not displayed a valid drinking permit and is not a seated diner at a
restaurant ordering alcoholic drinks as part of a meal
(12) being the holder of any type of alcoholic sale license
and employing in connection with such sale a minor;
(13) being the holder of a restaurant license and permitting
the consumption of alcoholic drink in any place other than a designated dining
area; or
(14) selling or consuming alcoholic drink on the day of an
election to State government office until one hour after the polls have closed;
(15) selling alcoholic drink on Gospel Day or the day on
which it is celebrated pursuant to Section 22.501(3), or December 25.
Unauthorized
selling of alcoholic drink is a category one misdemeanor.
Cross-reference:
For delayed effect see Section
1.304(3).
Background
Amended by State Laws 4-5, 5-35
and 6-51. Subsection (15) was amended
by State Law 7-117.
Section 13.517. Unauthorized consuming, possessing or
giving of alcoholic drink. Unauthorized consuming, possessing or giving of alcoholic
drink is any of the following acts:
(1) consuming alcoholic drink on Sunday, Gospel Day or the
day on which it is celebrated pursuant to Section 2.501(3), or on December 25;
(2) consuming or possessing alcoholic drink without being in
actual possession of a valid drinking permit;
(3) giving or selling alcoholic drink to a minor;
(4) consuming an alcoholic drink or possessing an open
container of alcoholic drink in a public place except when such place is closed
to the general public for the purpose of conducting a private party, reception
or social gathering and admission is by invitation or as otherwise provided by
law;
(5) consuming an alcoholic drink or possessing an open
container of alcoholic drink on private land without the permission of the
owner or tenant thereof;
(6) opening a container of alcoholic drink unless it has
first been sold at a licensed retail, bar, or restaurant sale or has legally
been brought into the State for personal use;
(7) manufacturing an alcoholic drink in the State;
(8) opening or attempting to buy alcoholic drink without
being in actual possession of a valid drinking permit; or
(9) giving alcoholic drink to a person who is not in actual
possession of a valid drinking permit.
A
person using alcoholic drink for a bonafide religious purpose is exempt from
the foregoing provisions. Unauthorized possessing, consuming or giving
alcoholic drink is a category one misdemeanor.
Cross-reference:
For delayed effect see Section
1.304(3).
Background
Amended by State Law 5-35. Subsection (1) was a mended by State Law
7-117.
Section 13.518. Usury. Usury is receiving directly or indirectly any interest,
discount or consideration greater than two percent per month for or upon a loan
or forbearance to enforce payment of money or goods. Usury is a category one misdemeanor.
Section 13.519. Violating State waters. Violating State fishery waters is entering or remaining
within State fishery waters without proper authorization in violation of
Section 19.408 or in violation of a lawful order. This section does not apply
to ships entering for stress of weather or force majeure.
Violating State fishery waters is a category one
misdemeanor.
Amended by State Law 7-99.
Section 13.520. Failing to make commercial disclosure. Failing to make commercial disclosure is being a
commercial bank or lending institution and failing to disclose in connection
with any savings account, checking account, loan, shipping transaction or other
commercial transaction the fees which are to be charged in connection
therewith, including all interest which is to be assessed or granted, the rate
and terms of any interest, including penalty and forfeiture terms, the precise
manner in which any such interest will accrue or be assessed, and in the case
of a loan, the dollar amount to be paid as interest. Disclosure is in writing
and provided in both English and Kosraean. Failing to make commercial
disclosure is a category one misdemeanor.
Section 13.521. Unfair business practice. Unfair business practice is any of the following acts:
(1) Passing off goods or services as those of another;
(2) Causing likelihood of confusion or of misunderstanding
as to the source, sponsorship, approval, or certification of goods or services;
(3) Causing likelihood of confusion or misunderstanding as
to affiliation, connection, or association with, or certification by, another;
(4) Using deceptive representations or designations of
geographic origin in connection with goods or services;
(5) Representing that goods or services have sponsorship,
approval, characteristics, ingredients, uses, benefits, or quantities that they
do not have or that a person has a sponsorship, approval, status, affiliation,
or connection that he does not have;
(6) Representing that goods are original or new if they are
deteriorated, altered, reconditioned, reclaimed, used, or secondhand;
(7) Representing that goods or services are of a particular
standard, quality, or grade, or that goods are of a particular style or model,
if they are of another;
(8) Disparaging the goods, services, or business of another
by false or misleading representation of fact;
(9) Advertising goods or services with intent not to sell
them as advertised;
(10) Advertising goods or services with intent not to supply
reasonable public demand, unless the advertisement discloses a limitation of
quantity;
(11) Making false or misleading statements of fact
concerning the reasons for, existence of, or amounts of price reductions;
(12) Engaging in any other conduct which similarly creates a
likelihood of confusion or of misunderstanding;
(13) Including in the price of an item at first sale the
cost of anything other than:
(a) cost of the goods;
(b) actual charges for inland and overseas freight;
(c) insurance;
(d) import taxes, duties and bank charges;
(e) van charges;
(f) handling and stevedoring charges; and
(g) a sum not greater than 50% of the cost of the goods;
(14) Including in the price of a second or subsequent sale
the cost of anything other than;
(a) the price paid or promised to be paid to the previous
seller;
(b) actual charges for transportation of goods from place of
previous sale in the State to place of second sale; and
(c) a sum not greater than 20% of the price paid or promised
to be paid to the previous seller;
(15) Failing to display at sale the price of an item offered
for sale in a manner clearly visible to the buyer; or
(16) Failing to separate wholesale and retail records or to
distinguish between goods being sold at wholesale and goods being sold at
retail. Unfair business practice is a category one misdemeanor.
Section 13.522. Antitrust. Antitrust is combining with one or more to create or use
an existing combination of capital,
skill or acts intending:
(1) To create or carry out restrictions in trade or
commerce.
(2) To limit or reduce the production, or increase the price
of, merchandise or of a commodity.
(3) To prevent competition in the manufacture, making,
transportation, sale, or purchase of any merchandise, produce or commodity.
(4) To discriminate in price between different purchasers of
commodities of like grade and quality, where the effect of such discrimination
is to substantially lessen competition or tend to create a monopoly in a line
of commerce, except that differentials in price which make allowance only for
differences in the cost of manufacture, sale or delivery resulting from the
differing methods or quantities in which such commodities are to be purchased,
sold and delivered are permitted.
(5) To make or enter into or carry out any contract,
obligation or agreement by which the persons do any of the following acts:
(a) bind themselves not to sell, dispose of or transport any
article or commodity below a common standard figure or fixed value.
(b) agree to keep the price of such article, commodity or
transportation at a fixed or graduated figure.
(c) establish or set the price of any article, commodity or
transportation between them or themselves and others, so as directly or
indirectly to preclude free and unrestricted competition among themselves in
the sale or transportation of any such article or commodity.
(d) agree to pool, combine directly or indirectly, or unite
any interest connected with the sale or transportation, of an article or
commodity intending to affect the price of the article or commodity. Antitrust
is a category one misdemeanor.
Section 13.523. Unauthorized procuring of aquatic life.
Unauthorized procuring of aquatic life is any of the following:
(1) Any violation of Section 19.417;
(2) Any violation of Section 19.413;
(3) Any violation of Section 19.411;
(4) Procuring fish or other aquatic life from midnight
Saturday to midnight Sunday; and
(5) Engaging in the
commercial harvesting, commercial processing, or commercial exportation of sea
cucumbers without a permit, in violation of any permit conditions, or in
violation of regulation(s) drafted pursuant to Section 11.1102; or
(6) Possessing more
than five (5) sea cucumbers without a permit, in violation of any permit conditions,
or in violation of regulations drafted pursuant to Section 11.1102.
Unauthorized procuring of aquatic life is a category one
misdemeanor.
Background
Amended by State Laws 4-116,
5-139, and 5-196. Former Subsections
(10) and (11 [now Subsections (5) and (6)] were added by State Law 7-78. Amended by State Law 7-99.
Section 13.524. Endangering a species. Endangering a species is taking, possessing, exporting or
engaging in any commercial activity concerning any endangered species of plant
or animal, as such are identified by regulations published pursuant to Title 19
or Section 11.1601.
Endangering a species is a category one misdemeanor.
Amended by State Law 7-99.
Section 13.525. Violating marine space. Violating marine space is entering or remaining within the
marine space of the State without having complied with Sections [14.1101 and 14.1102] This section does not apply to a person aboard
a ship entering for innocent passage, stress of weather or force majeure.
Violating marine space is a category one misdemeanor.
Section 13.526. Unauthorized foreign business. Unauthorized foreign business is engaging in business as
defined in Section 15.303(5) of the Kosrae State Code without having complied
with Section 15.304 of the Kosrae State Code, or engaging in business not
authorized by a Foreign Investment Permit (issued by the FSM or Kosrae State),
or failing to comply with the provisions of the Kosrae State Foreign Investment
Regulations. Unauthorized foreign business is a category one misdemeanor.
Amended by State Law 6-163.
Section 13.527. Unauthorized noncitizen employment. Unauthorized noncitizen employment is being a noncitizen
employee or being an employer of a noncitizen and failing to comply with
Chapter 5 of Title 15. Unauthorized noncitizen employment is a category one
misdemeanor.
Section 13.528. Failure to obtain a certificate of
freedom from communicable disease. Failure to obtain a certificate of freedom from
communicable disease is being a nonresident worker and failing to possess a certificate issued pursuant
to Chapter 13 of Title 12 certifying that the worker and members of his
accompanying family are free from communicable disease or failing to take a
physical examination within ten days of entry into the State. Failure to obtain
a certificate of freedom from communicable disease is a category three
misdemeanor.
Section 13.529. Failing to tend a fire. Failing to
tend a fire is starting a fire during a heavy wind or without sufficient help
present to control the fire, or failing to watch the fire or designate a
competent person to watch the fire until it is put out. Failing to tend a fire
is a category three misdemeanor.
Section 13.530. Polluting. Polluting is wilfully or negligently discharging
pollutants in violation of Chapter 4 of Title 7 or in violation of any
condition or limitation included in a permit issued pursuant to Chapter 4 of
Title 7 or, in the case of introduction of pollutants into publicly owned
treatment works, violating a pretreatment standard or toxic effluent standard.
Polluting is a category one misdemeanor.
Section 13.531. Possessing a controlled substance. Possessing a controlled substance is knowingly or
intentionally possessing a controlled substance unless such substance was
obtained directly from or pursuant to a valid prescription or order of a
practitioner while acting in the course of his professional practice.
Possessing a controlled substance other than marijuana is a category one
misdemeanor. Possessing one ounce or less of [marijuana] is a category three
misdemeanor. Possessing more than one ounce but less than two and two-tenths
pounds of marijuana is a category two misdemeanor. Possessing two and
two-tenths pounds of marijuana or more is a category one misdemeanor.
Background
Amended by State Law 4-35.
Section 13.532. Trafficking in controlled substance. Trafficking in controlled substance is knowingly or
intentionally manufacturing, delivering or possessing with intent to
manufacture, deliver or dispense a controlled substance or creating,
distributing or possessing with intent to deliver a counterfeit controlled
substance. Trafficking in a controlled substance is a category one felony.
Section 13.533. Aiding a suicide. Aiding a suicide is knowingly assisting a person in the
taking of his own life. Aiding a suicide is a category three felony.
Section 13.534. Unlawful Pigeon Hunting. Unlawful pigeon hunting is the taking, wounding, or
killing of any pigeon from the first day of February to the thirty-first day of
December inclusive, or during January from midnight Saturday to midnight
Sunday. Unlawful pigeon hunting is a category one misdemeanor.
Background
Added by State Law 4-143 and
amended by State Law 5-98.
Section
13.535. Providing tobacco to a minor. Providing tobacco to a minor is selling or delivering a
tobacco-containing product to, or for the use of, a person under eighteen years
of age, knowing that the person receiving or to be using the tobacco containing
product is under eighteen years of age. Providing tobacco to a minor is a
category two misdemeanor.
Background
Added by State
Law 5-54.
Section 13.535 [13.536] Building code violation. In addition to any other remedy or penalty available by
law, any person, having been served with an order of the Building Officer, who
shall fail to comply with such order within the time fixed by the Building
Officer, and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents, or any other person taking part or
assisting in the construction or use of any building or who knowingly [violates] any of the applicable provisions of
the Kosrae State Building Code is, upon conviction, guilty of a category four
misdemeanor. Each day of the violation constitutes a separate offense.
Background
Added by State Law 5-75.
Section 13.537. Display of indecent material in a place
where minors may frequent. Display of indecent material to minors in a
place where minors may frequent is the exhibition of indecent material in a
public place, including a business open to minors, except under circumstances
where reasonable care is taken to avoid view by minors. Indecent material is
material, taken as a whole, the predominant appeal of which to the average
person, applying contemporary community standards of the State of Kosrae, is to
a shameful or morbid interest in nudity, sex, or excretion; and is matter which
taken as a whole goes substantially beyond customary limits of candor in
description or representation of such matters, giving due consideration to the
preservation of custom and tradition; and is matter which taken as a whole is
utterly without redeeming social importance for minors. Display of indecent
material in a place where minors may frequent is a category three
misdemeanor.
Background
Added by State Law 5-203.
Section 13.538. Possession
of a firearm by a Minor. A minor,
above the age of fourteen, who has in his or her possession or under his or her
custody or control a firearm shall be guilty of a Category 4 misdemeanor. The State shall confiscate the firearm found
in the possession of any minor and return it to its rightful owner or to the
minor when the minor reaches the age of eighteen. Under this section firearm shall mean any device that is capable
of discharging any projectile through a barrel by the force of explosion, a
form of combustion, spring action, air pressure or CO2 cartridges. Firearms shall include all rifles, guns, BB
or pellet devices.
Background
Added by State Law 7-7 as Section
13.538. State Laws 7-9 and 7-18 also
enacted unrelated provisions as Section
13.538 (see Background for Section 13.540 and Section 13.541 below. The provision added by State Law 7-9 was
renumbered by State Law 7-95 as Section 13.540. The provision added by State Law 7-18 was renumbered by State Law
7-95 as Section 13.541.
Section 13.539. Providing
a firearm to a Minor. Any person
who provides a firearm to a minor shall be guilty of a Category 1
misdemeanor. Under this section firearm
shall mean any device that is capable of discharging any projectile through a
barrel by the force of explosion, a form of combustion, spring action, air
pressure or CO2 cartridges. Firearms
shall include all rifles, guns, BB or pellet devices.
Background
Added by State Law 7-7.
Section 13.540. Importation,
possession and selling of firecrackers and fireworks. Importation of firecrackers and fireworks is
the act of bringing or procuring firecrackers and other fireworks into the
State. Possession of firecrackers and
fireworks, designed for amusement purposes, is having control of any of the
following: firecrackers and fireworks designed for amusement. Selling firecrackers and fireworks for
amusement under this section includes selling, furnishing, trading, giving away
of firecrackers and fireworks designed for amusement.
(a) Importation and
selling of firecrackers and fireworks is a Category 2 misdemeanors.
(b) Possession of
firecrackers or fireworks is a Category 4 misdemeanor.
Background
Added by State Law 7-9 as Section
13.538. State Laws 7-7 and 7-18 also
enacted unrelated provisions as Section 13.538 (see Background for Section
13.538 above and Section 13.541 below).
The provision added by State Law 7-7 was renumbered by State Law 7-95 as
Section 13.538. The provision added by
State Law 7-18 was renumbered by State Law 7-95 as Section 13.541.
Section 13.541. Endangering
the Kosrae White-eye. Endangering
the Kosrae White-eye or “Trum” is the killing, injuring, capturing, possessing
or exporting of the Kosrae White-eye or “Trum.” Endangering the Kosrae White-eye is a category three misdemeanor.
Background
Added by State Law 7-18 as
Section 13.538. State Laws 7-7 and 7-9
also enacted unrelated provisions as
Section 13.538 (see Background for Section 13.538 and Section 13.540 above. The provision added by State Law 7-7 was
renumbered by State Law 7-95 as Section 13.538. The provision added by State Law 7-9 was renumbered by State Law
7-95 as Section 13.540.
Section 13.542. Marine resource violation. Marine resource violation is committing any
act in violation of Section 19.401.
Marine resource violation
is a category one misdemeanor.
Added by State Law 7-99.
Section 13.543. Unauthorized foreign fishing. Unauthorized foreign fishing is fishing in
violation of Section 19.402 or Section 19.403.
Unauthorized foreign
fishing is a category three felony.
Added by State Law 7-99.
Section 13.544. Unauthorized fishing. Unauthorized fishing is fishing in violation
of Section 19.404, Section 19.405 or Section 19.406.
Unauthorized fishing is a
category one misdemeanor.
Added by State Law 7-99.
Section 13.545. Unauthorized development or activity in
the State fishery waters.
Unauthorized development or activity in the State fishery waters is any
act in violation of Section 19.407.
Unauthorized development or
activity in the State fishery waters is a category one misdemeanor.
Added by State Law 7-99.
Section 13.546. Unauthorized
destruction to marine environment.
Unauthorized destruction to marine environment is any act in violation
of Section 19.409 or Section 19.410.
Unauthorized destruction to
marine environment is a category three felony.
Added by State Law 7-99.
Section 13.547. Placement
of fishing nets in navigational channels.
Placement of fishing nets in navigational channels is any act in
violation of Section 19.412.
Placement of fishing nets in navigational channels is a
category one misdemeanor.
Added by State
Law 7-99.
Section 13.548. Unauthorized import or export of marine
resources. Unauthorized import or
export of marine resources is any act in violation of Section 19.414, Section
19.415, or Section 19.416.
Unauthorized import
or export of marine resources is a category one misdemeanor.
Added by State
Law 7-99.
Section 13.549. Reckless
operation of a motor driven vessel.
Reckless operation of a motor driven vessel is any act in violation of
Section 19.418(1).
Reckless operation of a motor driven vessel is a category
one misdemeanor.
Added by State
Law 7-99.
Section 13.550. Negligent
operation of a motor driven vessel.
Negligent operation of a motor driven vessel is any act in violation of
Section 19.418(2).
Negligent operation of a motor driven vessel is a category
three misdemeanor.
Added by State
Law 7-99.
Section 13.551. Operating
a motor driven vessel under the influence.
Operating a motor driven vessel under the influence is any act in
violation of Section 19.419.
Operating a motor driven vessel under the influence is a
category one misdemeanor.
Added by State Law 7-99.
Section 13.552. Tampering with marine devices. Tampering with marine devices is any act in
violation of Section 19.420 or Section 19.421.
Tampering with marine
devices is a category one misdemeanor.
Added
by State Law 7-99.
Section 13.553. Unauthorized
fishing gear or equipment.
Unauthorized fishing gear or equipment is any act in violation of
Section 19.422, Section 19.423, Section 19.424, Section 19.425, or Section
19.426.
Unauthorized fishing gear or equipment is a category three
misdemeanor.”
Added by State Law 7-99.
Chapter 6. Offenses Against Government
Section 13.601. Interfering with service of process. Interfering with service of process is knowingly and
wilfully obstructing, resisting, or opposing a person authorized by law to
serve process in serving or executing, or attempting to serve or execute a
process issued by a court or official authorized to issue the same. Interfering
with service of process is a category three misdemeanor.
Section 13.602. Concealing, removing or altering record
or process. Concealing, removing or altering record or process is
wilfully concealing, removing, taking away, mutilating, obliterating, altering,
or destroying record or process in or from a court or the Legislature or an
official authorized to issue or serve the same. Concealing, removing or
altering of record or process is a category three felony.
Section 13.603. Bribery. Bribery is voluntarily giving or receiving anything of
value in wrongful and corrupt payment for a government act done or not done, to
be done or not to be done. Bribery is a category one felony provided also that
persons convicted under this section are fined at least three times the value
of any payment received.
Section 13.604. Contempt of Court. Contempt of Court is intentionally obstructing Court
proceedings or Court operations directly related to the administration of
justice or intentionally disobeying or resisting a writ, process, order, rule, decree or command of the
Court. Contempt of Court is a category three misdemeanor.
Section 13.605. Counterfeiting. Counterfeiting is:
(1) With intent to defraud, falsely making, forging,
photographing, counterfeiting or altering a currency of any country.
(2) With intent to defraud, passing, uttering, publishing,
or selling, or attempting to pass, utter, publish, or sell, or with like intent
bringing into the State or keeping in possession or concealing any falsely
made, forged, photographed, counterfeited or altered currency of any country.
(3) Knowingly buying, selling, exchanging, transferring,
receiving, or delivering any false, forged, photographed, counterfeited or
altered currency of any country, with the intent that the same be passed, published,
or used as true and genuine. Counterfeiting is a category one felony.
Section 13.606. Escape. Escape is being a law enforcement officer, or having
lawful custody of a prisoner and wilfully or negligently allowing the prisoner
to depart from such custody, except by due process of law, or being a prisoner
and wilfully departing from such custody. Escape is a category two felony.
Section 13.607. Rescue. Rescue is knowingly, forcibly and wilfully rescuing a
prisoner from the custody of any person lawfully having custody of the
prisoner. Rescue is a category three felony.
Section 13.608. Forgery. Forgery is
falsely making or materially altering a writing or document of apparent legal
weight and authenticity, with intent to defraud. Forgery is a category one
felony.
Section 13.609. Insulting a police officer.
(1) Insulting a police officer is maliciously, and with
intent to ridicule or humiliate, directing to a police officer while on duty
and in uniform the expression "lufun kiom". The offense includes
using the expression or a substantial equivalent:
(a) in any language, or
(b) in an abbreviated form or altered form having
substantially the same meaning as the expression.
Insulting a police officer is a category three misdemeanor.
Section 13.610. Misconduct in public office. Misconduct in public office is being a public official or
public employee, and doing an illegal act under the color of office, or
wilfully neglecting to perform the duties of the office as provided by law.
Misconduct in public office is a category one misdemeanor.
Section 13.611. Obstructing justice. Obstructing justice is resisting or interfering with a
police officer in the lawful pursuit of his duties, or tampering with, paying
or intimidating witnesses or attempting to prevent their attendance at trials.
This section does not prohibit paying witness fees required or permitted by
law, including expert witness fees, or reimbursing witnesses for the actual
cost of their attendance. Obstructing justice is a category one misdemeanor.
Section 13.612. Perjury. Perjury is taking an oath or any legal substitute that one
will testify, declare, depose, or certify truly, or that any written testimony,
deposition, or certificate subscribed by him is true, before a competent
tribunal, officer, or person, in any case in which a law of the State
authorizes an oath or any legal substitute to be administered, and wilfully and
contrary to such oath or legal substitute, stating or subscribing to any
material which he does not believe to be true. Perjury is a category one
felony.
Section 13.613. Failing to respond to examination of
hovering vessel. Failing to respond to examination of hovering vessel is
being the master or a person having charge of the vessel and failing to comply
with the Government's lawful directions or failing to answer truly questions
posed by the Government regarding the vessel. Failing to respond to examination
of hovering vessel is a category one misdemeanor.
Section 13.614. Failing to report wound, death or child
abuse. Failing to report wound, or death or child abuse is
failing to perform the following affirmative duty:
(1) One who gains knowledge of a death or injury resulting
from a knife wound, bullet wound, or powder burn, or wound inflicted in a
suspicious or unusual manner or under conditions suggesting poisoning or
violence, or knowledge of child abuse, as defined in Section 16.1201, makes a
full disclosure of his knowledge to the Police.
Failing to report a wound, death or child abuse is a
category three misdemeanor.
Section 13.615. Possessing or removing Government
property. Possessing or removing Government property is possessing
without authorization or removing from its location without authorization any
property of any kind, wherever situated, of the Government. Possessing or
removing Government property is a category one misdemeanor.
Section 13.616. Theft of electricity. Theft of electricity is wilfully or knowingly and with
intent to defraud, making a connection to electric lines without Government
authorization or, knowingly and with like intent, injuring, altering, using an
electric meter, or obstructing its working, or using an electric meter or
appliance so tampered with or injured. Theft of electricity is a category one
misdemeanor.
Section 13.617. Tax evasion. Tax evasion is knowingly or wilfully evading the payment
of tax assessed pursuant to Part I of Title 9 or obstructing the assessment or
collection of taxes by failing to perform any affirmative reporting requirement
or other affirmative duty imposed by Part I of Title 9 or by misrepresenting or
misreporting in the course of any such reporting. Tax evasion is a category one
felony.
Section 13.618. Tampering with boundary markers. Tampering with boundary markers is wilfully and maliciously
defacing or removing any marker, monument or reference point which marks if
erected by (1) a licensed surveyor, (2) a private individual pursuant to
Chapter 6 of Title 11, (3) agreement between adjacent landowners, except that
this subsection applies only to persons who own no interest in any land to
which such marker, monument, or reference point pertains, or (4) any agency of
the Government. Tampering with boundary markers is a category three felony.
Section 13.619. Unauthorized practice. Unauthorized practice is holding oneself out to the public
as a teacher, medical doctor, dentist, notary public, land surveyor
psychiatrist, psychologist, engineer, trial counselor or attorney without
having first obtained a license, or certificate required by State law to engage
in the practice. Unauthorized practice is a category two misdemeanor.
Section 13.620. Failing to compel school attendance. Failing to compel school attendance is being a parent,
guardian or other person having the responsibility for or care of a child
between the ages of six and fourteen inclusive and permitting that child to be
absent from school without good cause and in violation of applicable school
regulations. Failing to compel school attendance is a category three
misdemeanor.
Section 13.621. Violating extradition procedures. Violating extradition procedures is having taken custody
of an accused pursuant to a warrant of arrest in an extradition matter and
delivering the accused to the agent of the requesting jurisdiction before full
compliance with the judicial procedures of Chapter 12 of Title 1. Violating
extradition procedures is a category two misdemeanor.
Section 13.622. Violating quarantine. Violating quarantine is bringing or sending into the State
an animal or plant and failing to disclose and make them available for
inspection by authorized agents of the State. Violating quarantine is a category
two misdemeanor.
Section 13.623. Violating public health standards. Violating public health standards is failing to comply
with regulations promulgated by the Director of Health Services pursuant to
Chapter 12 of Title 12 or importing into the State birds of the psittacine
family, parrots, parakeets or love birds. Violating public health standards is
a category two misdemeanor.
Section 13.624. Contempt of Legislature. Contempt of Legislature is wilfully failing to obey any
lawful order issued by the Speaker, or chairmen of standing committees which is
made to enforce the Legislature rules of procedure. Contempt of legislature is
a category three misdemeanor.
Section 13.625. Misusing Government seal. Misusing Government seal is using or displaying the
official seal of the Legislature or any official seal of the Executive or
Judiciary without authorization from the Speaker in the case of the Legislature
seal, the Governor in the case of the Executive seal or the Chief Justice in
the case of the Judicial seal. Misusing Government seal Is a category three
misdemeanor.
Section 13.626. Unauthorized election activity. Unauthorized election activity is any of the following
acts:
(1) voting or attempting to vote more than once;
(2) disrupting or interfering with orderly process of an election;
(3) using force or emotional distress to restrain or
intimidate any person's free exercise of the right to vote;
(4) being an official or employee of the Government and
utilizing any materials, equipment or facilities of the Government to promote in
any way a candidate for public office, except as authorized by Section 3.1102;
(5) being a candidate or acting on behalf of a candidate and
exchanging or giving away money, food or other goods with the intent to
influence the voting of any person;
(6) being a voter and accepting money, food or other goods
with the intent to deliver one's vote to the candidate sponsoring the gift;
(7) exhibiting campaign materials or campaigning in any way
within one hundred feet of any polling place on the day of any election;
(8) willfully and knowingly printing, copying, imitating or
distributing, a document that is so substantially similar in style or content
to the official ballot that confusion is likely to result; or
(9) distribution of
food on the road side by or on behalf of a candidate to voters on election day.
Unauthorized election activity is a category one
misdemeanor.
S.L. 7-88 amended former
subsection (5), splitting it into subsections (5) and (6) and added subsection
(9).
Section 13.627. Fiscal malfeasance. Fiscal malfeasance is being a Government official, officer
or employee and:
(1) making or receiving an allotment, or making or
authorizing an expenditure or creating or authorizing an obligation pursuant to
any appropriation, apportionment, reapportionment, or allotment of Government
funds:
(a) in excess of the sum available by law;
(b) in advance of the availability of funds;
(c) for purposes other than those for which an appropriation
or allotment has been made;
(d) in excess of reprogramming authority granted by law; or
(2) Being the Director of the Department of Administration
and Finance and knowing of a violation of this section and failing to
immediately report to the Governor, to the Speaker, and to the Attorney
General, all pertinent facts together with a statement of the action taken or
proposed to be taken by the Director, except that the Director shall be under
no such reporting obligation with respect to the use or proposed use of funds
withdrawn from the Legislative Operations Fund by the allottee or other
authorized person. Fiscal malfeasance is a category one felony.
Background
Amended by State Law 5-41 and
further amended by State Law 7-1.
Section 13.628. Unlawful Importation of Empty Aluminum
Beverage Container. Unlawful importation of empty aluminum beverage container
is the importation of an empty beverage container upon which no Kosrae State
recycling deposit is paid, for the purpose of obtaining money from the
Recycling Fund created in Title 10, Section 10.205. Unlawful importation of
empty aluminum beverage container is a category one misdemeanor.
Background
Added by State Law 5-15.
Section 13.629. Failure
to cooperate with the State Public Auditor. Failure to cooperate with the State Public Auditor is failure to
comply with the lawful request of the State Public Auditor to provide
information requested in connection with his statutory functions by failure to
appear in response to a lawfully issued subpoena, and by failure to produce any
documents, books, and other papers requested by the State Public Auditor in a
lawfully issued subpoena duces tecum.
Failure to cooperate with the State Public Auditor is a category three
misdemeanor.
Background
Added by State Law 7-50.
Section 13.629. Interfering
with authorized officers or observers.
Interfering with authorized officers or observers is any act in
violation of Section 19.427.
Interfering with authorized officers or observers is a
category one misdemeanor.
Background
Added by State Law 7-99.
Section 13.630. Failing
to provide information and documentation.
Failing to provide information and documentation is any act in violation
of Section 19.428.
Failing to provide information and documentation is a
category one misdemeanor.
Background
Added by State Law 7-99.
Section 13.631. Destruction
of evidence. Destruction of
evidence is any act in violation of Section 19.429.
Destruction of evidence is a category one misdemeanor.
Background
Added by State Law 7-99.
Chapter 7. Motor
Vehicle Offenses
Section 13.701. Operating an unregistered motor vehicle. Operating an unregistered motor vehicle is operating a
motor vehicle on a road without possessing a valid registration card issued
pursuant to chapter 2 of title 17. Operating an unregistered motor vehicle is a
category 4 misdemeanor.
Background
Amended by State Law 4-48 .
Section 13.702. Unauthorized operation of a motor vehicle. Unauthorized operation of a motor vehicle is operating a
motor vehicle on a road without possessing a valid license or learner's permit
or operating a motor vehicle on a road in violation of Sections 17.203, 17.205
or 17.206. Unauthorized operation of a motor vehicle is a category 4 misdemeanor.
Background
Amended by State Law 4-68 .
Section 13.703. Violating rules of the road. Violating rules of the road is being the driver of a
vehicle and committing any of the following acts:
(1) failing to obey a sign or marker erected pursuant to
Section 17.103;
(2) failing to drive on the right side of the road except
when passing another vehicle lawfully or when the right side of the road is
(impassable);
(3) passing another vehicle traveling in the same direction
on the right of the vehicle or on the left of the vehicle when the left side of
the road is not clearly visible and free of oncoming traffic for a distance of
three hundred feet;
(4) following another vehicle more closely than is
reasonable and prudent considering the speed that the vehicle is traveling and
the condition of the road;
(5) entering an intersection and failing to yield the
right-of-way to a vehicle that has entered the intersection first;
(6) entering an intersection at the same time as another
vehicle and failing to yield the right-of-way to the vehicle entering the
intersection to the right;
(7) turning left from within an intersection and failing to
yield to a vehicle approaching from the opposite direction which is within the
intersection or so close as to create an immediate hazard;
(8) entering a road from a driveway or private road and
failing to yield the right-of-way to all motor vehicles approaching on the
road;
(9) driving on a road and failing to yield the right-of-way
to emergency vehicles;
(10) driving on a road and failing to yield the right-of-way
to a pedestrian crossing the road;
(11) stopping on a road or turning while on a road and
failing to signal the stop or turn by the hand and arm in a manner required by
regulations issued pursuant to Section 5.202(1)(e) or by signal lamp or lamps
or mechanical signal;
(12) driving at a speed greater than is reasonable and
prudent considering the traffic, surface and width of the road, weather,
hazards, pedestrians and any other condition existing;
(13) driving at a speed greater than fifteen miles per hour
when passing a school or its grounds during the months school is in session;
(14) driving at a speed greater than twenty miles per hour
in any area used primarily for either businesses or residences;
(15) driving at a speed greater than twenty-five miles per
hour in any other area;
(16) parking a vehicle, whether attended or unattended, and
failing to park as far to the right of the road as is practicable;
(17) stopping or parking a vehicle, whether attended or
unattended, in any of the following places:
(a) within fifteen feet of an intersection;
(b) on a crosswalk;
(c) within thirty feet of an official stop sign;
(d) within fifteen feet of the driveway entrance to any fire
station;
(e) within fifteen feet of a fire hydrant or an area so
designated;
(f) in front of a private driveway;
(g) on a sidewalk;
(h) alongside or opposite any street or road excavation or
obstruction when such stopping, standing or parking would obstruct traffic;
(i) on the road side of any vehicle stopped or parked at the
edge of a highway; or
(j) on the traffic base of any road.
(18) having control or charge of a vehicle and allowing the
vehicle to stand on a road unattended without first effectively setting the
brakes, stopping the motor and placing it in gear;
(19) driving a vehicle when the vehicle is so loaded as to
obstruct the view of the driver to the front or sides or to interfere with the
driver's control over the driving mechanism of the vehicle. This section is violated
when more than two persons (including the driver) are seated in the front seat
of any jeep or when more than three persons (including the driver) are seated
in the front seat of any other type of vehicle, except that one child under
seven years of age may be seated in addition to the above;
(20) driving a two-wheeled or three-wheeled motor vehicle
and failing to wear a safety helmet of a nature and in a manner required by
regulations issued pursuant to Section 5.202(1)(e), or carrying any passenger who
fails to wear such a helmet;
(21) driving a two-wheeled or three-wheeled motor vehicle or
[and] carrying more than one passenger, except that a person under the age of
five years may sit on the passenger's lap;
(22) passing a school bus which is discharging or receiving
passengers; [or]
(23) being the driver of a school bus and failing to
activate the bus' front and rear warning lights before discharging or receiving
passengers, or if the either set of lights is inoperative or if the bus in not
equipped with warning lights, failing to by manual signal halt both lanes of
traffic. A school bus driver does not allow a passenger to leave the bus or
approach a bus for admission until both lanes of traffic have halted; or
(24) being the
driver of a pickup, flatbed, or other open-bed truck while a passenger of that
truck rides on top of the pickup bed wall, on top of the tailgate, on the front
or rear bumper, on the hood, or on the roof of the cab.
Violating rules of the road is a category 4 misdemeanor.
Amended by State Law 7-17.
Section 13.704. Failing to respond to an accident. Failing to respond to an accident is being the driver of a
vehicle involved in an accident resulting in injury or death to a person or
damage to property and failing to immediately stop the vehicle and give one's
name, address and the registration number of his vehicle and exhibit his
operator's license to the person struck or the driver or occupants of the vehicle
collided with and failing to render reasonable assistance to any person injured
in such accident. Failing to respond to an accident is a category 4
misdemeanor.
Section 13.705. Failing to report an accident. Failing to report an accident is being the driver of a
vehicle involved in an accident resulting in injury or death to any person or
property damage to an apparent extent of fifty dollars or more, and failing to
make a report to the Police within twenty-four hours or as soon thereafter as
normal means of transportation and communication will permit. Failing to report
an accident is a category 4 misdemeanor.
Section 13.706. Failing to make a garage report. Failing to make a garage report is being the owner or
operator of a garage or repair shop and failing to report to the Police within
twenty-four hours the model number, registration number and name and address of
the owner or operator of any vehicle showing evidence of having been involved
in an accident to an apparent extent of fifty dollars or more or having been
struck by a bullet. Failing to make a garage report is a category 4
misdemeanor.
Section 13.707. Operating improperly equipped vehicle. Operating an improperly equipped vehicle is operating a
vehicle which does not conform to the standards set by Chapter 4 of Title 17.
Operating an improperly equipped vehicle is a category 4 misdemeanor.
Section 13.708. Negligent driving. Negligent driving is driving a vehicle in such a manner as
to constitute a substantial deviation from the standard of care a reasonable
person would exercise in the situation. Negligent driving is a category 3
misdemeanor.
Section 13.709. Reckless driving. Reckless driving is driving a vehicle recklessly or with gross, wilful or wanton disregard for
the lives or safety of the public. Reckless driving is a category 1
misdemeanor.
Background
Amended by State Law 3-73.
Section 13.710. Driving under the influence. Driving under the influence is driving a vehicle while
under the influence of alcoholic drink or a controlled substance or any other
intoxicating substance. Driving under the influence is a category 1
misdemeanor.
Background
Amended by State Laws 3-74 and
5-111.
Section 13.711. Failing to fulfill commercial vehicle
importer duties. Failing to fulfill commercial vehicle importer duties is
being a commercial vehicle importer, which is importing and selling more than
one vehicle a year, and either (1) failing to maintain a parts manual and a
service manual for each vehicle model imported or (2) failing to supply or
order within 48 hours a part requested for a vehicle imported or sold by the
commercial vehicle importer. Commercial vehicle importer duties continue for a
period of three years from the time a vehicle is sold. Failing to fulfill
commercial vehicle importer duties is a category four misdemeanor.
Background
Added by State Law 5-45.
Part II. Penalties
Chapter 11.
Provisions of General Applicability
Section 13.1101. Penalty. The commission of an offense prohibited in Part I subjects
the offender upon conviction to the penalty stated in this part except that
commission of an offense prohibited in Chapter 2 subjects the offender upon
conviction to a penalty of one-half of the penalty as follows:
(1) accessory, in relation to the punishment of the
principal;
(2) attempt, in relation to the attempted offenses, except
that attempted murder is a category one felony; and
(3) conspiracy, in relation to the most serious offense
which was the object of the conspiracy.
Chapter 12. Felonies
Section 13.1201. Category one felony. Imprisonment not exceeding or equaling ten years, a fine
not exceeding twenty thousand dollars,
or both.
Background
Amended by State Law 4-69.
Section 13.1202. Category two felony. Imprisonment not exceeding five years, a fine not
exceeding ten thousand dollars, or both.
Background
Amended by State Law 4-69.
Section 13.1203. Category three felony. Imprisonment not exceeding three years, a fine not
exceeding five thousand dollars, or both.
Background
Amended by State Law 4-69.
Chapter 13.
Misdemeanors
Section 13.1301. Category one misdemeanor. Imprisonment not exceeding twelve months, a fine not
exceeding one thousand dollars, or both.
Section 13.1302. Category two misdemeanor. Imprisonment not exceeding eight months, a fine not
exceeding seven hundred and fifty dollars, or both.
Section 13.1303. Category three misdemeanor. Imprisonment not exceeding six months, a fine not
exceeding five hundred dollars, or both.
Section 13.1304. Category four misdemeanor. Imprisonment not exceeding thirty days, a fine not
exceeding two hundred dollars, or both.