Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.4901 Violations
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A person who knowingly (i) uses, acquires, possesses, or transfers American Samoa Department of Human and Social Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments or authorizations to participate in the American Samoa Department of …
A.S.C.A. § 46.4902 Administrative malfeasance
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(a) A person who misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available for the American Samoa Department of Human and Social Services Special Supplemental Food Program for Women, Infants and Ch…
A.S.C.A. § 46.4903 Unauthorized possession of identification document
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(a) Any person who possesses for an unlawful purpose another person’s identification document issued by the American Samoa Department of Human and Social Services Special Supplemental Food Program for Women, Infants and Children (WIC) is guilty of a violation of the Section and s…
A.S.C.A. § 46.4904 Penalties
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(a) If a person, firm, corporation, association, agency, institution, or other legal entity is found by a court to have engaged in an act, practice, or course f conduct declared unlawful under this chapter and: (1) the total amount f the money involved n the violation, including …
A.S.C.A. § 46.4905 Forfeiture
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(a) A person who commits a felony violation of this chapter shall forfeit, according to this section, (i) any moneys, profits, or proceeds the person acquired in whole or in part, as a result of committing the violation and (ii) any property or interest in property that the sente…
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…
A.S.C.A. § 46.5101 Definitions
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As used in this chapter: (1) “Business relationship” means a relationship between two or more individuals or entities where there exists an oral or written contract or agreement for goods or services. (2) “Caregiver” means a person who has been entrusted with or has assumed respo…
A.S.C.A. § 46.5102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult—Penalties
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(a) “Abuse of an elderly person or disabled adult” means: (1) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult; (2) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly …
A.S.C.A. § 46.5103 Sexual offenses committed upon or in the presence of an elderly person or disable adult
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(a) As used in this section, “sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medi…
A.S.C.A. § 46.5104 Exploitation of an elderly person or disabled adult—Penalties
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(a) “Exploitation of an elderly person or disabled adult” means: (1) Knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disab…
A.S.C.A. § 46.5105 Knowledge of victim’s age
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It does not constitute a defense to a prosecution for any violation of this chapter that the accused did not know the age of the victim. History: 2018, PL 35-17.
A.S.C.A. § 46.5106 Good faith assistance
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This chapter is not intended to impose criminal liability on a person who makes a good faith effort to assist an elderly person or disabled adult in the management of the funds, assets or property of the elderly person or disabled adult, which effort fails through no fault of the…