Title 46 — Criminal Justice

(a) Unless inconsistent with the provisions of this chapter defining the justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when that conduct is required or authorized by a st…

(a) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable; provided, that: (1) the harm or evil sought to be avoided by the conduct is greater than that sought to be prevented by the law defining the offense charged; (2) …

(a) A person may, subject to subsection (b), use physical force upon another person when and to the extent he reasonably believes it to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful force by the other p…

(a) A person in possession or control of premises or a person who is licensed or privileged to be there, may, subject to subsection (b), use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonab…

(a) A person may, subject to the limitations of subsection (b) use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the commission or attempted commission by that person of stealing, pr…

(a) A law enforcement officer need not retreat nor desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrested person. …

(a) A private person who has been directed by a person he reasonably believes to be a law enforcement officer to assist that officer to effect an arrest or to prevent escape from custody may, subject to the limitations of subsection (c), use physical force when and to the extent …

(a) A guard or other law enforcement officer may, subject to subsection (b), use physical force when he reasonably believes it to be immediately necessary to prevent escape from confinement or in transit to it or from it. (b) A guard or other law enforcement officer may use deadl…

(a) The use of physical force by an actor upon another person is justifiable when the actor is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the actor is a teacher or other person entrusted with the care an…

(a) A person is guilty of attempt to commit an offense when, with the purpose of committing the offense, he does any act which is a substantial step towards the commission of the offense. (b) A “substantial step” is conduct which is strongly corroborative of the firmness of the a…

It is no defense to a prosecution under 46.3401 through 46.3404, that the offense attempted was, under the actual attendant circumstances, factually or legally impossible of commission if the offense could have been committed had the attendant circumstances been as the actor beli…

(a) When the actor’s conduct would otherwise constitute an attempt under 36.3401 through 46.3404, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise presented its commission, under circumstances manifesting a complete and voluntary renuncia…

Unless otherwise provided, an attempt to commit an offense is a: (1) class B felony if the offense attempted is a class A felony; (2) class C felony if the offense attempted is a class B felony; (3) class D felony if the offense attempted is a class C felony; (4) class A misdemea…

(a) A person is guilty of conspiracy with another person or persons to commit an offense if, with the purpose of promoting or facilitating its commission, he agrees with the other person or persons that they or one or more of them will engage in conduct which constitutes the offe…

If a person guilty of conspiracy knows that a person with whom he conspires to commit an offense has conspired with another person or persons to commit the same offense, he is guilty of conspiring with the other person or persons to commit that offense, whether or not he knows th…

If a person conspires to commit a number of offenses, he is guilty of only 1 conspiracy so long as the multiple offenses are the object of the same agreement. History: 1979, PL 16-43 § 2.

(a) Persons may not be convicted of conspiracy if, after conspiring to commit the offense, they prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of their criminal purpose. (b) The defendant has the burden of injecting…

For the purpose of time limitations on prosecutions, (a) Conspiracy is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he c…

A person may not be charged, convicted, or sentenced on the basis of the same course of conduct of both the actual commission of an offense and a conspiracy to commit that offense. History: 1979, PL 16-43 § 2.

Unless otherwise provided, a conspiracy to commit an offense is a: (1) class B felony if the object of the conspiracy is a class A felony; (2) class C felony if the object of the conspiracy is a class B felony; (3) class D felony if the object of the conspiracy is a class C felon…

The following definitions are applicable in this chapter unless the context otherwise requires: (a) “Criminal homicide” means conduct which causes the death of a person under circumstances constituting murder in the 1st or 2nd degree, manslaughter, or criminally negligent homicid…

(a) A person commits the crime of murder in the 1st degree if: (1) intending or knowing that his conduct will cause death or serious bodily injury, he causes the death of another person with deliberation; or (2) acting either alone or with 1 or more other persons, he commits or a…

(a) A person commits the crime of murder in the 2nd degree if: (1) he intentionally causes the death of another person; (2) knowing that his conduct will cause death or serious physical injury, he causes the death of another person; or (3) under circumstances manifesting extreme …

(a) Criminal homicide constitutes manslaughter when: (1) it is committed recklessly; or (2) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse; the reasonablene…

(a) A person commits the crime of criminally negligent homicide if, with criminal negligence, he causes the death of another person. (b) Criminally negligent homicide is a class D felony. History: 1979, PL 16-43 § 2.

(a) A person is guilty of promoting suicide when he intentionally causes or aids another person to attempt suicide, or when he intentionally aids another person to commit suicide. (b) Promoting suicide is a class D felony. History: 1979, PL 16-43 § 2.

(a) At the conclusion of all trials upon an indictment or information for murder in the 1st degree heard by a jury, and after argument of counsel and proper charge from the court, the jury retires to consider a verdict of guilty or not guilty without any consideration of punishme…

(a) Where the jury or judge returns a verdict or finding of guilty of murder in the 1st degree, the court resumes the trial and conducts a presentence hearing before the jury or judge at which time the only issue is the determination of the punishment to be imposed. In the hearin…

If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered applies only to the issue of punishment. History: 1979, PL 16-43 § 2.

Persons convicted of the offense of murder in the 1st degree shall, if the judge or jury so recommends after complying with the provisions of 46.3510 through 46.3512 and 46.3514, be punished by death. If the judge or jury does not recommend the imposition of the death penalty on …

(a) In cases of 1st degree murder, the judge or jury may impose the death penalty only if one or more of the statutory aggravating circumstances is proven. There is no mandatory death penalty. (b) One or more of the statutory aggravating circumstances must be proved to impose the…

(a) Whenever the death penalty is imposed in any case, and upon the judgment becoming final in the trial court, the sentence is reviewed on the record by the High Court of American Samoa. (b) The High Court considers the punishment as well as any errors listed by way of appeal. (…

If the United States Supreme Court or the High Court of American Samoa declares the death penalty to be in violation of any provision of the Constitution of the United States or the Constitution of American Samoa, any killing in which the death penalty could otherwise be properly…

(a) A person commits the crime of assault in the 1st degree if: (1) he purposely or knowingly causes serious physical injury to another person; or (2) he attempts to kill or to cause serious physical injury to another person; or (3) under circumstances manifesting extreme indiffe…

(a) A person commits the crime of assault in the 2nd degree if: (1) he knowingly causes or attempts to cause physical injury to another person by means of a deadly weapon or dangerous instrument; (2) he recklessly causes serious physical injury to another person; or (3) he attemp…

(a) A person commits the crime of assault in the 3rd degree if: (1) he attempts to cause or recklessly causes physical injury to another person; (2) with criminal negligence he causes physical injury to another person by means of a deadly weapon; or (3) he purposely places anothe…

(a) When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if: (1) the physical injury consented to or threatened by the conduct is not serious physical injury; …

(a) A person commits the crime of harassment if, with the purpose to harass, annoy, or alarm another person, he: (1) communicates with a person by telephone, telegraph, mail, or any other form of written communication in a manner which he knows is likely to cause annoyance or ala…

(a) A person commits the crime of stalking if he purposely or knowingly engages in a course of conduct that is directed toward another person and that conduct: (1) causes reasonable fear of harm to the physical health, safety, or property of such person, a member of his immediate…

(a) It is an element of the offenses described in 46.3531 through 46.3533 that the confinement, movement, or restraint be committed without the consent of the victim. (b) Lack of consent results from: (1) forcible compulsion; or (2) incapacity to consent. (c) A person is consider…

(a) A person commits the crime of kidnapping if he unlawfully removes another without his consent from the place where lie is found or unlawfully confines another without his consent for a substantial period, for the purpose of: (1) holding that person for ransom or reward or for…

(a) A person commits the crime of felonious restraint if he knowingly restrains another unlawfully and without consent interferes substantially with his liberty and exposes him to a substantial risk of serious physical injury. (b) Felonious restraint is a class C felony. History:…

(a) A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent interferes substantially with his liberty. (b) False imprisonment is a class A misdemeanor unless the person unlawfully restrained is removed from the territory, …

(a) A person does not commit false imprisonment under 46.3533 if the person restrained is a child under the age of 17, and: (1) a parent, guardian, or other person responsible for the general supervision of the child’s welfare has consented to the restraint; or (2) the actor is a…

(a) A person commits the crime of interference with custody if, knowing that he has no legal right to do so he takes or entices from lawful custody any person entrusted by order of a court to the custody of another person or institution. (b) Interference with custody is a class A…

As used in this chapter: (a) “Deviate sexual intercourse” means any sexual act involving the genitals of one person and the mouth, tongue, hand, or anus of another person. (b) “Sexual contact” means any touching of the genitals or anus of any person, or the breast of any female p…

Persons living together as man and wife are married for purposes of this chapter, regardless of the legal status of their relationship otherwise. Spouses living apart under a decree of judicial separation are not married to one another for purposes of this chapter. History: 1979,…

(a) Whenever in this chapter the criminality of conduct depends upon a victim’s being in-capacitated, no crime is committed if the defendant reasonably believed that the victim consented to the act. The defendant has the burden of injecting the issue of belief as to capacity and …

(a) A person commits the crime of rape if: (1) he has sexual intercourse with another person without that person’s consent by the use of forcible compulsion; or (2) he has sexual intercourse with another person who is 16 years of age or less. (b) Rape is a class B felony unless i…

(a) A person commits the crime of sexual assault if he has sexual intercourse with another person who is incapacitated or 16 years of age or less. (b) Sexual assault is a class C felony unless in the course of it the actor inflicts serious physical injury on any person or display…