Title 46 — Criminal Justice

(a) A person commits the crime of sodomy if: (1) he has deviate sexual intercourse with another person without that person’s consent or by the use of forcible compulsion; or (2) he has deviate sexual intercourse with another person who is 16 years of age or less. (b) Sodomy is a …

(a) A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person without consent or who is incapacitated or who is 16 years of age or less. (b) Deviate sexual assault is a class C felony unless in the course of it the actor inflict…

(a) A person commits the crime of sexual abuse in the first degree if: (1) he subjects another person to sexual contact without that person’s consent or by the use of forcible compulsion; or (2) he subjects another person who is 16 years of age or less to sexual contact. (b) Sexu…

(a) A person commits the crime of sexual abuse in the second degree if he subjects another person to sexual contact without that person’s consent. (b) Sexual abuse in the second degree is a class B misdemeanor unless in the course of it the actor displays a deadly weapon in a thr…

(a) A person commits the crime of indecent exposure if he knowingly exposes his genitals under the circumstances in which he knows that his conduct is likely to cause affront or alarm. (b) Indecent exposure is a class A misdemeanor. History: 1979, PL 16-43 § 2.

(a) Notwithstanding any other provision of this chapter, a person commits the crime of child molesting if he engages in sexual intercourse or deviate sexual intercourse with a minor of the age of 12 years or under. (b) Child molesting is a class A felony, the sentence of imprison…

(a) Where a person is convicted as an adult or adjudicated as a juvenile offender under 46.3604, 46.3610, 46.3611, 46.3612, 46.3615, 46.3616 or 46.3618, the court shall order the following: (1) That as a condition of sentence, the defendant shall, within thirty days, undergo test…

As used in this chapter: (a) Patronizes prostitution: a person “patronizes prostitution” if: (1) under a prior understanding, he gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or with another;…

(a) A person commits the crime of prostitution if he performs an act of prostitution. (b) Prostitution is a class B misdemeanor. History:1979, PL 16-43 § 2.

(a) A person commits the crime of patronizing prostitution if he patronizes prostitution. (b) Patronizing prostitution is a class B misdemeanor. History: 1979, PL 16-43 § 2.

In any prosecution for prostitution or patronizing a prostitute, the sex of the 2 parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that: (1) both persons were of the same sex; or (2) the person who rec…

(a) A person commits the crime of promoting prostitution in the first degree if he knowingly: (1) promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution; or (2) promotes prostitution of a person less than 16 years old. (b) The term “compe…

(a) A person commits the crime of promoting prostitution in the second degree if he know-ingly promotes prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise invo…

(a) Any room, building or other habitable structure regularly used for sexual conduct for pay as defined in 46.3701 or any unlawful prostitution activity prohibited by this chapter is a public nuisance. (b) The Attorney General may, in addition to all criminal sanctions, prosecut…

(a) A married person commits the crime of bigamy if he: (1) purports to contract another marriage in this territory; or (2) cohabits in this territory after a bigamous marriage in another jurisdiction. (b) A married person does not commit bigamy if, at the time of the subsequent …

(a) A person commits the crime of incest if he marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he knows to be: (1) his ancestor or descendant by blood or adoption; (2) his stepchild or stepparent, while the marriage creati…

(a) A person commits the crime of abandonment of a child if, as a parent, guardian, or other person legally charged with the care or custody of a child less than 8 years old, he leaves the child in any place with purpose wholly to abandon it, under circumstances which may result …

(a) A spouse commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his spouse; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which the parent is legally…

(a) A person commits the crime of endangering the welfare of a child if: (1) he knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than 18 years old; (2) he knowingly encourages, aids or causes a child less than 18 years old to…

46.3811 Abuse of a child. (a) A person commits the crime of “child abuse” or “abuse of a child” if he purposely or knowingly: (1) causes injury to a child by unreasonable force by: (A) burning, biting, or cutting a child; (B) striking a child with a closed fist; (C) shaking, kick…

(a) A parent, guardian, or other person legally charged with the care or custody of a child is guilty of “Neglect or Child Neglect” if he purposely or knowingly: (1) fails or refuses to provide a child with necessary food, clothing, shelter, mental health, guidance, or well being…

(a) “Abortion” means the termination of human pregnancy for purposes other than delivery of a viable fetus. (b) “Hospital” means the Lyndon B. Johnson Tropical Medical Center. (c) “Physician” means a person licensed to practice medicine and surgery or osteopathic medicine and sur…

(a) A person commits the crime of unlawful abortion if he uses any instrument or device or prescribes or administers any medicine, drug, or other substance which is likely to produce an abortion of a pregnant woman, with purpose to produce an abortion unless the abortion is autho…

An authorized abortion is an abortion performed by a physician upon a consenting woman under the following conditions: (1) the life of the patient would be endangered by continuance of the pregnancy; or (2) the continuance of the pregnancy would substantially impair the physical …

No physician or hospital employee is required against his conscience to perform, or partici-pate in any abortion, and the failure or refusal to do so may not be the basis for any civil, criminal, administrative or disciplinary action, proceeding, penalty, or punishment. If any re…

(a) A person commits the crime of concealing the birth of an infant if he conceals the body of a child with the purpose to conceal the fact of its birth or to prevent a determination of whether it was a live birth or stillbirth. (b) Concealing the birth of an infant is a class D …

(a) A person commits the crime of distributing abortifacients if he gives, distributes or sells any drug, medicine, or other abortifacient or anything specially designed to terminate a pregnancy and: (1) he knows it to be an abortifacient or something specially designed to termin…

As used in this chapter: (a) Enter unlawfully or remain unlawfully: a person “enters unlawfully” or “remains unlawfully” in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his purpose, enters or remains in or upon premises which are at…

(a) A person commits the crime of robbery in the first degree when he forcibly steals property and in the course of it he, or another participant in the crime: (1) causes serious physical injury to any person; (2) is armed with a deadly weapon; (3) uses or threatens the immediate…

(a) A person commits the crime of robbery in the second degree when he forcibly steals property. (b) Robbery in the second degree is a class B felony. History: 1979, PL 16-43 § 2.

(a) A person commits the crime of arson in the first degree when he knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity to it, by starting a fire or causing an explosion and thereby recklessly places the person in danger…

(a) A person commits the crime of arson in the second degree when he knowingly damages a building or inhabitable structure by starting a fire or causing an explosion. (b) A person does not commit a crime under this section if: (1) no person other than himself has a possessory, pr…

(a) A person commits the crime of arson in the third degree when he damages property of another by starting a fire or causing an explosion. (b) Arson in the third degree is: (1) a class D felony if the defendant acted knowingly; (2) a class A misdemeanor if the defendant acted re…

(a) A person commits the crime of tampering in the first degree if, for the purpose of causing a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, he damages or tampers with property…

(a) A person commits the crime of tampering in the second degree if he: (1) tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; (2) unlawfully operates or rides in or upon another’s automobile, airplane, motorcycle, …

(a) A person commits the crime of property damage in the first degree if: (1) he knowingly damages property of another to an extent exceeding $1,000; or (2) he damages property to an extent exceeding $1,000 for the purpose of defrauding an insurer. (b) Property damage in the firs…

(a) A person commits the crime of property damage in the second degree if: (1) he knowingly damages property of another to an extent exceeding $100; or (2) he damages property to an extent exceeding $100 for the purpose of defrauding an insurer. (b) Property damage in the second …

(a) A person commits the crime of property damage in the third degree if: (1) he knowingly damages property of another; or (2) he damages property for the purpose of defrauding an insurer. (b) Property damage in the third degree is a class B misdemeanor. History: 1979, PL 16-43 §…

(a) A person does not commit an offense by damaging, tampering with, operating, riding in or upon, or making connection with property of another if he does so under a claim of right and has reasonable grounds to believe he has that right. (b) The defendant has the burden of injec…

(a) A person commits the crime of trespass is he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property. (b) A person does not commit the crime of trespass by entering or remaining upon real property unless the rea…

(a) A person commits the crime of burglary in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime there, and when in effecting entry or while in the building or inhabitable…

(a) A person commits the crime of burglary in the second degree when he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime there. (b) Burglary in the second degree is a class C felony. History: …

(a) A person commits the crime of possession of burglar’s tools if he possesses any tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some …

As used in this chapter: (a) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully adopted administrative rules of this Territory lawfully filed, or if none, as set by commercial usage. (b) “Appropriate” means to take, obtain, u…

For the purposes of this chapter, the value of property is ascertained as follows: (a) Except as otherwise specified in this section, “value” means the market value of the property at the time and place of the crime, or if it cannot be satisfactorily ascertained the cost of repla…

(a) A person commits the crime of stealing if he appropriates property or services of another with the purpose to deprive him of it, either without his consent or by means of deceit or coercion. (b) Stealing is a class C felony if: (1) the value of the property or services approp…

(a) A person commits the crime of embezzlement if he knowingly misappropriates property of another which has been entrusted to him or which has lawfully come under his control. (b) Embezzlement is a class C felony. History: 1979, PL 16-43 § 2.

Amounts stolen under 1 scheme or a single course of conduct, whether from the same or several owners and whether at the same or different times, constitute a single criminal episode and may be aggregated in determining the grade of the offense. History: 1979, PL 16-43 § 2.

(a) A person who appropriates lost property is not considered to have stolen that property within the meaning of 46.4103 unless the property is found under circumstances which gave the finder knowledge of or means of inquiry as to the true owner. (b) The defendant has the burden …

(a) A person commits the crime of receiving stolen property if, for the purpose of depriving the owner of a lawful interest in it, he receives, retains, or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. (b) Evidence of the f…