Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.5001 Definitions
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For the purpose of this chapter, the following terms are defined as follows: (a) “Coercion” includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against a person. (b) “Comm…
A.S.C.A. § 46.5002 Human trafficking
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Any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or to engage in a commercial sex act, or both, is guilty of human trafficking as a Class B felony. History: 2014, PL 33-12.
A.S.C.A. § 46.5003 Human trafficking of a minor
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(a) Any person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor to perform forced labor or services, or to engage in a commercial sex act, or both, is guilty of human trafficking as a Class A felony. The sentence of imprisonmen…
A.S.C.A. § 46.5004 Involuntary servitude
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Any person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership over any person, or who sells, or attempts to sell, any person to another, or receives, money or anything of value, in consideration of placing a…
A.S.C.A. § 46.5005 Sentencing consideration
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In determining the particular sentence to be imposed on a defendant convicted under section 46.5002, 46.5003, or 46.5004, the court may consider many factors, including the duration of trafficking, the extent of serious harm suffered, the means of force, fraud, or coercion employ…
A.S.C.A. § 46.5006 American Samoa human trafficking taskforce
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Within one year, a territory wide task force shall be established under the Office of the Governor. This task force shall be headed by the Department of Homeland Security and shall comprise members from pertinent government agencies and nongovernment organizations to: (1) Identif…
A.S.C.A. § 46.5007 Mandatory training
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In coordination with the Department of Homeland Security, the Department of Public Safety shall receive mandatory and on-going training on human trafficking for all law enforcement and emergency first responders in American Samoa. History: 2014, PL 33-12.
A.S.C.A. § 46.5008 Mandated reports of trafficking of a minor
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(a) Any person specified in subsection (b) who has reasonable cause to know or suspect that a minor has been or is a victim of human trafficking shall immediately report or cause a report to be made of that fact to the Child Protection Agency, who immediately informs the Departme…
A.S.C.A. § 46.5009 Mandatory reporting of a minor’s death
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Any person who is required by 46.5008 A.S.C.A. to report known or suspected trafficking of a minor and anyone who has reasonable cause to suspect that a child died as a result of human trafficking shall report that fact immediately to the Department of Public Safety. The departme…
A.S.C.A. § 46.5010 Victim services
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The American Samoa Government shall provide services to victims of human trafficking. The Department of Homeland Security shall be the lead agency for coordinating services to victims of human trafficking. These services shall include but not be limited to the following: (a) Coun…
A.S.C.A. § 46.5011 Temporary protected status
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To encourage victims of human trafficking to come forward and to aid the investigations and prosecutions of violations of human trafficking as defined under this chapter, the Office of the Attorney General may grant “Temporary Protected Status” to potential victims of human traff…
A.S.C.A. § 46.5012 Victim confidentiality
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Information obtained from victim is privileged and confidential and protected from disclosure. The American Samoa Government shall implement measures to ensure that the victim’s name and other personally identifiable information shall remain confidential and private. Department o…