Title 46 — Criminal Justice

(a) A person does not commit an offense under 46.4103 or 46.4104 if, at the time of the appropriation, he (1) acted in the honest belief that he had the right to do so; or (2) acted in the honest belief that the owner, if present, would have consented to the appropriation. (b) Th…

(a) A person commits the crime of forgery if, with the purpose to defraud, he: (1) makes, completes, alters, or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with…

(a) A person commits the crime of possession of a forging instrumentality if, with the purpose of committing forgery, he makes, causes to be made or possesses any device for making or altering any writing. (b) Possession of a forging instrumentality is a class C felony. History: …

(a) A person commits the crime of issuing a false instrument or certificate when, being authorized by law to take proof or acknowledgment of any instrument which by law may be recorded, or being authorized by law to make or issue official certificates or other official written in…

(a) A person commits the crime of passing a bad check when, with purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee. (b) If the issuer had no accoun…

(a) A person commits the crime of fraudulent use of a credit device if he uses a credit device for the purpose of obtaining services or property, knowing that: (1) the device is stolen, fictitious or forged; (2) the device has been revoked or canceled; or (3) for any other reason…

(a) A person commits the crime of deceptive business practice if in the course of engaging in a business, occupation, or profession, he recklessly: (1) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or qua…

(a) A person commits the crime of commercial bribery: (1) if he solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as: (A) agent or employee of another; (B) trustee, guardian…

(a) A person commits the crime of false advertising if, in connection with the promotion or the sale of property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of person…

(a) A person commits the crime of bait advertising if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services: (1) at the price which he offered them; (2) in a quantity sufficient to meet the reasonably expecte…

(a) A person commits the crime of defrauding secured creditors if he destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with purpose to defraud the holder of the security interest. (b) Defrauding secured creditors is…

(a) A person commits the crime of fraud if he knowingly and willfully: (1) obtains money, property or undue advantage by use of any device, scheme or artifice to defraud by means of false or fraudulent pretenses; or (2) falsifies, misrepresents, conceals or covers up by any trick…

(a) “Blackjack” means any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use. (b) “Deface” means to alter or destroy the manufacturer’s or importer’s serial number or an…

(a) A person commits a crime if he knowingly possesses, manufactures, transports, repairs or sells: (1) an explosive weapon; (2) a machine gun; (3) a gas gun; (4) a short barreled rifle or shotgun; (5) a firearm silencer; (6) a switchblade knife; (7) knuckles; (8) any other arms,…

(a) A person commits the crime of unlawful use of weapons if he knowingly: (1) carries concealed on or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; (2) sets a spring gun; (3) discharges or shoots a firearm into an inhabitable…

(a) A person commits the crime of defacing a firearm if he knowingly defaces any firearm. (b) Defacing a firearm is a class A misdemeanor. History: 1979, PL 16-43 § 2.

(a) A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm which does not have the manufacturer’s or importer’s serial number engraved or cast on the receiver or frame of the firearm. (b) Possession of a defaced firearm is a class B misd…

(a) A person commits the crime of unlawful transfer of weapons if he: (1) knowingly sells, leases, loans, gives away, or delivers a firearm or ammunition for a firearm to any person who, under the provisions of 46.4207, is not lawfully entitled to possess it; (2) knowingly sells,…

(a) A person commits the crime of unlawful possession of a firearm or firearm ammunition if he has any firearm or firearm ammunition in his possession, and (1) he has been convicted of a dangerous felony or confined therefor in this territory or elsewhere during the 5-year period…

As used in 46.4220 through 46.4234, “arms”, includes guns, rifles, pistols, air rifles, air pistols, gas rifles, gas pistols, ammunition, shells, cartridges, gunpowder, dynamite, nitroglycerine, blasting powder, fireworks, and all other firearms and explosives and materials for t…

(a) It is unlawful for any person, whether permanently or temporarily resident within American Samoa or whether on shore or on board any vessel, anchored, moored, or docked in any harbor in American Samoa, to have in his possession any arms without first having obtained a license…

(a) It is unlawful for any person to import arms into American Samoa without having obtained a license therefor from the Commissioner of Public Safety. (b) A license to import arms shall not be issued by the Commissioner of Public Safety unless the application for the license has…

(a) It is unlawful for any person to sell or in any other way transfer the right of possession of any arms without having obtained from the Commissioner of Public Safety a license to sell arms. The application for such license shall contain such information as may be required by …

(a) Every person who obtains a license to possess, import, or sell arms shall, upon the written request of the Governor or his designated representative, furnish such information concerning such arms as may be reasonably required. (b) Each license issued shall specify the number,…

Every person to whom a license to possess arms is issued shall, when carrying such arms or any part thereof, have with him the license to possess such arms, and shall produce the same for inspection upon demand of any officer or official of the government. History: 1962, PL 7-13.…

Any license issued under authority of this title may be altered or revoked by the Governor or his designated representative at any time for good cause. History: 1962, PL 7-13.

(a) Licenses to possess arms shall expire on 10 January of the year following their issue. Each holder of a license to possess arms shall between the 1st and 10th of January of each year, submit his license to possess arms for the previous year, together with the annual license f…

Each person to whom a license to possess arms is issued shall, upon receipt of such arms, produce at the office of the Commissioner of Public Safety his license to possess arms, together with the arms specified in said license. Such arms shall be examined and compared with the li…

(a) No person shall sell or otherwise transfer any arms to any person who does not hold a valid and existing license to possess the particular firearms to be sold. (b) Arms no longer permitted to be licensed but for which current, valid licenses were issued prior to the effective…

(a) Any person desirous of obtaining gunpowder, dynamite, nitroglycerine, or other explosive for the purpose of blasting shall first obtain from the Commissioner of Public Safety a license specifically authorizing the use of the gunpowder, dynamite, nitroglycerine, or other explo…

It is unlawful for any person to discharge, explode, or set off any arms within 30 yards of any public road or highway, house, building, or airport in American Samoa except that the Commissioner of Public Safety may authorize the discharge of firearms for the purpose of an Honor …

The Chief Justice, the Associate Justice or a district court judge, upon the filing of a complaint sworn to or affirmed by the complainant, which describes the place to be searched and the person or things to be seized, may issue a warrant authorizing any police officer to search…

(a) This chapter does not prohibit the possession and use of arms and other police weapons by any member of the police force, armed forces of the United States or employees of the government of the United States and law enforcement officers of other states or territories if these…

(a) Any person who violates any of the provisions of this chapter or who refuses to obey any lawful order issued under the authority of this chapter is guilty of a class A misdemeanor and shall, upon conviction, be sentenced accordingly, and any arms involved may be confiscated b…

A person commits the crime of gambling if he engages in gambling in any form with cards, dice, or other implements or devices of any kind, where anything of value is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for gambling, or any agen…

Nothing contained in this chapter prohibits the occasional playing of bingo or the selling of chances for the raffling of an item of value when the profits from the bingo game or raffle are used for religious, educational or charitable purposes. History: 1979, PL 16-43 § 2.

Gambling is a class A misdemeanor. History: 1979, PL 16-43 § 2.

As used in this chapter: (a) “Displays publicly” means exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vis…

(a) A person commits the crime of promoting pornography in the first degree if, knowing its content and character: (1) he wholesale promotes or possesses with the purpose to wholesale promote any pornographic material; or (2) he wholesale promotes for minors or possesses with the…

(a) A person commits the crime of promoting pornography in the second degree if, knowing its content and character, he: (1) promotes or possesses with the purpose to promote any pornographic material for pecuniary gain; or (2) produces, presents, directs, or participates in any p…

(a) A person commits the crime of furnishing pornographic material to minors if, knowing its content and character, he: (1) furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood…

(a) A person commits the crime of public display of explicit sexual material if he knowingly: (1) displays publicly explicit sexual material or (2) fails to take prompt action to remove that display from property in his possession after learning of its existence. (b) Public displ…

(a) In any prosecution under this chapter evidence is admissible to show: (1) what the predominant appeal of the material or performance would be for ordinary adults or minors; (2) the literary, artistic, political or scientific value of the material or performance; (3) the degre…

(a) Whenever material or a performance is being or is about to be promoted, furnished or displayed in violation of 46.4402 through 46.4405, a civil action may be instituted by the Attorney General against any person violating or about to violate those sections in order to obtain …

(a) A person commits the crime of public peace disturbance if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of it, he: (1) engages in fighting or in violent, tumultuous, or threatening behavior; (2) makes unreasonable noise; (3) in…

(a) A person commits the crime of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to another person or persons on those premises by: (1) threatening to commit a crime against any person or (2) fighting. (b) It is a defense to pro…

For the purposes of 46.4501 and 46.4502: (a) “Private property” means any place which at the time is not open to the public. It includes property which is owned publicly or privately. (b) “Public place” means any place which at the time is open to the public. It includes property…

(a) A person commits the crime of unlawful assembly if he knowingly assembles with 6 or more other persons and agrees with those persons to violate any of the criminal laws of this Territory or of the United States with force or violence. (b) Unlawful assembly is a class B misdem…

(a) A person commits the crime of noting if he knowingly assembles with 6 or more other persons and agrees with those persons to violate any of the criminal laws of this Territory or of the United States with force or violence, and later, while still assembled, violates any of th…

(a) A person commits the crime of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of that unlawful assembly or rio…