Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.1901 Authorized dispositions
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(a) Every person found guilty of an offense, whether defined in this title or in the American Samoa Code Annotated in accordance with the classifications in this chapter, shall be dealt with by the court in accordance with the provisions of this chapter, except that for offenses …
A.S.C.A. § 46.1902 Felony or misdemeanor-Combination of dispositions
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Whenever any person has been found guilty of a felony or a misdemeanor, the court shall make 1 or more of the following dispositions of the offender in any appropriate combination. The court may: (1) sentence the person to a term of imprisonment as authorized by 46.2301 et seq.; …
A.S.C.A. § 46.1903 Infraction-Combination of dispositions
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Whenever any person has been found guilty of an infraction, the court shall make 1 or the following dispositions of the offender in any appropriate combination. This court may: (1) sentence the person to pay a fine as authorized by 46.2 101 et seq.; (2) suspend the imposition of …
A.S.C.A. § 46.1904 Offense by organization-Combination of dispositions
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Whenever any organization has been found guilty of an offense, the court shall make 1 or more of the following dispositions of the organization in any appropriate combination. The court may: (1) sentence the organization to pay a fine as authorized by 46.2101 et seq.; (2) suspend…
A.S.C.A. § 46.1905 Interpretation of chapter
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This chapter is not to be construed to deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. An appropriate order exercising that authority may be includ…
A.S.C.A. § 46.1906 Classification of offenses
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(a) Felonies are classified for the purpose of sentencing into the following 4 categories: (1) class A felonies; (2) class B felonies; (3) class C felonies; (4) class D felonies. (b) Misdemeanors are classified for the purpose of sentencing into the following 3 categories: (1) cl…
A.S.C.A. § 46.1907 Classification of offenses outside this title
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(a) Any offense defined outside this title which is declared to be a misdemeanor without specification its penalty is a class A misdemeanor. (b) Any offense defined outside this title which is declared to be a felony without specification its penalty is a class D felony. (c) For …
A.S.C.A. § 46.1908 Presentence investigation and report
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(a) A probation officer shall, unless waived by the defendant, make a presentence investi-gation in all felony cases and report to the court before any authorized disposition under 46.1901 through 46.1905. In all other cases before the court, the probation officer shall, if direc…
A.S.C.A. § 46.1909 Presentence commitment for study
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(a) In felony cases where the circumstances surrounding the commission of the crime or other circumstances brought to the attention of the court indicate a strong likelihood that the defendant is suffering from a mental disease or disorder, and the court desires more detailed inf…
A.S.C.A. § 46.1910 Role of court in sentencing-Effect of Ifoga ceremony
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(a) Upon a finding of guilt upon verdict or plea, except as provided in 46.3513, the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history …