Title 46, Criminal Justice

The following definitions apply to chapters 46 and 47 of this part: (a) “Affidavit” means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths. (b) “Government” means any branch or…

(a) A person commits the crime of concealing an offense if: (1) he confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person’s concealing of any offense, refraining from initiating or aiding in the prosecution of an off…

(a) A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction, or punishment of another for conduct constituting a crime he: (1) harbors or conceals the person; (2) warns the person of impending discovery or app…

(a) A person commits the crime of flight to avoid prosecution or giving of testimony if he knowingly leaves the jurisdiction of the government to avoid prosecution or to avoid giving testimony in any criminal proceeding. (b) Flight to avoid prosecution or giving of testimony is a…

(a) A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely or procures another to testify falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, the Legislature or eit…

(a) A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which the affidavit is made. (b) The provisions of subsections (b) and (c) of 46.4605 apply to pr…

(a) A person commits the crime of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he: (1) submits any written false statement which he does not believe to be true: (A) in an application for any pecuniary benefit or other…

Persons may not be convicted of a violation of 46.4605, 46.4606, or 46.4607 based upon the making of a false statement except upon proof of the falsity of the statement by: (1) the direct evidence of 2 witnesses; (2) the direct evidence of 1 witness together with strongly corrobo…

(a) A person commits the crime of making a false report if he knowingly: (1) gives false information to a law enforcement officer for the purpose of implicating another person in a crime; (2) makes a false report to a law enforcement officer that a crime has occurred or is about …

(a) A person commits the crime of making a false bomb report if he knowingly makes a false report or causes a false report to be made to any person that a bomb or other explosive has been placed in any public or private place or vehicle. (b) Making a false bomb report is a class …

(a) A person commits the crime of tampering with or fabricating physical evidence if he: (1) alters, destroys, suppresses, or conceals any record, document, or thing with purpose to impair its verity, legibility, or availability in any official proceeding or investigation; or (2)…

(a) A person commits the crime of tampering with a public record if with the purpose to impair the verity, legibility, or availability of a public record: (1) he knowingly makes a false entry in or falsely alters any public record; or (2) knowing he lacks authority to do so, he d…

(a) A person commits the crime of false impersonation if he: (1) falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts; and: (A) performs an act in that pretended …

(a) A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance on it, he delivers or causes to be delivered: (1) a request for the payment of money on behalf of any creditor that in form and substance …

(a) A person commits the crime of resisting or interfering with arrest, detention, or stop if, knowing that a law enforcement officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a law enforcemen…

(a) A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, he interferes with or obstructs such person for the purpose of preventing the service of any process. (b) ‘Process” includes any writ, summons, subpoena…

(a) A person commits the crime of criminal contempt when he engages in any of the following conduct: (1) disorderly, contemptuous, or insolent behavior committed during the sitting of a court, in its immediate view and presence, and directly tending to interrupt its proceedings o…

(a) A person commits the crime of refusal to identify as a witness if, knowing he has witnessed any portion of a crime, or any other incident resulting in physical injury or substantial property damage, upon demand by a law enforcement officer engaged in the performance of his of…

(a) A person commits the crime of escape from commitment if he has been committed to a territorial correctional facility under 46.1301 through 46.1310, and he escapes from commitment. (b) Escape from commitment is a class D felony. History: 1979, PL 16-43 § 2.

(a) A person commits the crime of escape from custody if, while being held in custody after arrest for any crime, he escapes from custody. (b) Escape from custody is a class A misdemeanor unless: (1) it is effected by means of a deadly weapon or dangerous instrument or by holding…

(a) A person commits the crime of escape from confinement if, while being held in confinement after arrest for any crime, or while serving a sentence after conviction for any crime, he escapes from confinement. (b) Escape from confinement is a class A misdemeanor except that it i…

(a) A person commits the crime of failure to return to confinement if, while serving a sentence for any crime under a work-release program, or while under sentence of any crime to serve a term of confinement which is not continuous, or while serving any other type of sentence for…

(a) A person commits the crime of aiding escape of a prisoner if he: (1) introduces into any place of confinement a deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any confined p…

(a) A public servant who is authorized and required by law to have charge of any person charged with or convicted by any crime commits the crime of permitting escape if he knowingly: (1) suffers, allows, or permits any deadly weapon or dangerous instrument, or anything adapted or…

(a) A person commits the crime of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party, or witness, and thus influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud…

(a) A person commits the crime of tampering with a judicial proceeding if, with purpose to influence the official action of a judge, juror, special master, referee, or arbitrator in a judicial proceeding, he: (1) threatens or causes harm to any person or property; (2) engages in …

(a) A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness in an official proceeding to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence,…

(a) A person commits the crime of acceding to corruption if: (1) he is a judge, juror, special master, referee, or arbitrator and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that it will influence his of…

(a) A person commits the crime of improper communication if he communicates, directly or indirectly, with any juror, special master, referee, or arbitrator in a judicial proceeding, other than as part of the proceedings in a case, for the purpose of influencing the official actio…

(a) A person commits the crime of misconduct by a juror if, being a juror, he knowingly: (1) promises or agrees, prior to the submission of a cause to the jury for deliberation, to vote for or agree to a verdict for or against any party in a judicial proceeding or (2) receives an…

(a) A public servant authorized by law to select or summon any juror commits the crime of misconduct in selecting or summoning a juror if he knowingly acts unfairly, improperly, or not impartially in selecting or summoning any person or persons to be a member or members of a jury…

(a) A public servant, in his public capacity or under color of his office or employment, commits the crime of misconduct in administration of justice if: (1) he is charged with the custody of any person accused or convicted of any crime or ordinance violation and he coerces, thre…

(a) A person commits the crime of bribery of a public servant if he knowingly offers, confers, or agrees to confer upon any public servant any benefit, direct or indirect, in return for: (1) the recipient’s official vote, opinion, recommendation, judgment, decision, action, or ex…

(a) A public servant commits the crime of acceding to corruption if he knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, in return for: (1) his official vote, opinion, recommendation, judgment, decision, action, or exercise of discretion as a publi…

(a) A person commits the crime of obstructing government operations if he purposely obstructs, impairs, hinders, or perverts the performance of a governmental function by the use or threat of violence, force, or other physical interference or obstacle. (b) Obstructing government …

(a) A public servant, in his public capacity or under color of his office or employment, commits the crime of official misconduct if: (1) he knowingly demands or receives any fee or reward for the execution of any official act or the performance of a duty imposed by law or by the…

(a) A public servant commits the crime of misuse of official information if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been …

(a) A person owing allegiance to the territory commits treason if he purposely levies war against the Territory, or adheres to its enemies by giving them aid and comfort. (b) Persons may not be convicted of treason unless 1 or more overt acts are alleged in the indictment or info…

(a) The Governor, by executive order, may restrict aliens to such areas and apply such curfew regulations as he determines to be necessary to protect and preserve the welfare and way of life of the Samoan people. (b) Violation of an executive order of the Governor made under auth…

(a) A person commits the crime of pollution if he, with criminal negligence, pollutes in any manner any well, spring, creek, river, or other source of public water supply used for drinking purposes. (b) Pollution is a class A misdemeanor. History: 1979, PL 16-43 § 2.

(a) A person commits the offense of littering if he throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, cans, garbage, trash, refuse, or rubbish of any kind, nature, or description on the right-of-way of any public road or highway or …

(a) A person commits the crime of prohibited fishing if that person stuns, injures or kills any fish with any kind of stupefying or poisonous substance or any kind of explosive device, in the inland or coastal waters of the Territory. (b) Prohibited fishing is a class A misdemean…

(a) A person commits the crime of abandonment of airtight icebox if he abandons, discards, or knowingly permits to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi airtight containe…

Any person who willfully moves, removes or damages any concrete monument or other permanent marker established in accordance with this title shall be imprisoned not more than 4 months, or fined not more than $100, or both. History: 1962, PL 7-31.

(a) A person commits the crime of graffiti if he marks the exterior face of any public property, including roads, buildings, and equipment, with any figures, drawings, or other writings, using paint lacquer, varnish, dye or other substance intended to last on such exterior face f…

(a) An alien convicted of a felony in American Samoa who is deported, may not reenter the Territory. (b) A person who violates this section commits the crime of illegal re-entry of a convicted felon. (c) The crime of illegal re-entry of a convicted felon is a class B felony. Hist…