Title 6, Crimes and Criminal Procedure

Disposition of Fines. (a) Fifty percent of the fines collected pursuant to this article shall be deposited in the General Fund. (b) Fifty percent of the fines collected pursuant to this article shall be allocated to the Department of Public Health for enforcement purposes. The Se…

Other Applicable Laws. This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Source: PL 16-46, § 3(3187); renumbered by PL 19-82 § 2 (Jan. 20, 2017). Commission Comment: The Commission renumbered this secti…

Definitions. In this article, the following definitions shall apply: (a) “Animal” means a vertebrate living creature, including a non-human mammal, bird, reptile or amphibian. The term “animal” does not include livestock, game fowl/roosters used in legal exhibition (as defined, a…

Cruelty to Animals; First Degree. (a) A person commits the crime of animal cruelty in the first degree if the person: (1) causes serious physical injury to the animal(s), cruelty causes the death of the animal(s) or tortures the animal(s); (2) the violation involves extreme malic…

Cruelty to Animals; Second Degree. (a) A person commits the crime of animal cruelty in the second degree if the person: (1) cruelly mistreats any animal, whether belonging to that person or another; (2) knowingly or intentionally abandons or deserts an animal being kept by or und…

Additional Penalties; Education; Counseling; Animal Ownership Prohibition. In addition to the penalties for a violation of 6 CMC §§ 3192 or 3193, the court may order the following during sentencing: (a) Require the defendant to participate in an available animal cruelty preventio…

Animal Seizure, Court Hearing, and Disposition. (a) If there is probable cause to believe that any animal has been involved in a violation of 6 CMC §§ 3192 or 3193, any officer may, after obtaining a proper search warrant from a judge for the premises where the animal is located,…

Animal Overpopulation Control. To curb the overpopulation of stray animals in the CNMI, all animals that are found abandoned, unattended, emaciated or in severe bad health may be lawfully captured by the animal control office at the Mayor’s Office and be adopted out, or, if neces…

Animal Cruelty; Exemptions. The following conduct is exempt from prosecution under this article: (a) The conduct was an accepted veterinary practice performed by a veterinarian licensed to practice in the Commonwealth in accordance with the American Veterinary Medical Association…

Disposition of Fines and Fees. There is established in the Commonwealth Treasury an “Animal Protection and Control Revolving Fund” (hereafter referred to in this article as the “fund”), with sub-accounts for Saipan, Tinian, and Rota, respectively, which shall be nonlapsing, separ…

Fines. A person who has been convicted of any offense under this title, unless a fine is elsewhere prescribed by law, in addition to any other punishment authorized by law, may be sentenced to pay a fine not exceeding: (a) $10,000 when the conviction is for an offense punishable …

Mandatory Sentencing. (a) Any person who is armed with a dangerous weapon in the commission of an offense shall be sentenced to serve no less than one-third the maximum term of imprisonment which may otherwise be imposed upon conviction of the offense, which sentence may not be s…

Recognition of Custom. In imposing or suspending sentences in accordance with this title, due consideration shall be given to the local customs of the people of the Commonwealth in so far as a custom may provide mitigating or aggravating factors. Source: PL 3-71, § 1 (§ 1203).

Alternative Sentence: Conditions of Probation. (a) Whenever a sentencing Court of the Commonwealth suspends execution or imposition of any sentence of imprisonment or fine, for any violation of the Commonwealth Code, the court may impose any terms and conditions of probation whic…

Alternative Sentence: Probation and Suspension of Execution of Sentence. (a) Except as restricted by a specific provision of a section of this title or by 6 CMC § 4102, the court may suspend or modify all or part of a sentence and order probation or other sentencing where that ac…

Consideration of Previous Conviction. Before imposing or suspending the execution of sentence upon a person found guilty of a criminal offense, or in suspending the imposition of sentence and granting probation, evidence of good or bad character, including any prior criminal reco…

Imposition of Fines; Procedure Upon Nonpayment of Fines. Where an offense is made punishable by fine, the court imposing the fine may give such directions that appear to be just with respect to the payment of the fine. In default of payment of the fine or any part thereof, the co…

Orders Requiring Specified Residence. The court may, in lieu of or in addition to other lawful punishment or as a condition of probation or suspension of sentence, direct that a person found by it to be guilty of a criminal offense shall establish his or her place of residence wi…

Restitution, Compensation, or Forfeiture. (a) If a person is convicted of any offense defined in this title or any violation of the Commonwealth Code, the court shall, if appropriate, order the person to pay restitution as a condition of probation. This section also authorizes or…

Closing of Business. If a defendant is convicted of an offense involving the sale of a harmful article or a violation of 6 CMC § 1705, the court may, in lieu of or in addition to other lawful punishment, order that the place of sale or business be vacated or closed for a specifie…

Community Service. In any case in which a court is authorized to impose sentence of imprisonment, the court may, if it deems best, instead of imposing imprisonment, sentence the accused to perform hard labor or such other community service in accordance with his or her physical a…

Designation of Place of Confinement. (a) Any court upon sentencing a person to imprisonment may designate in the commitment order a place of confinement within the Commonwealth. The place of confinement may be changed or otherwise designated, either within or without the Commonwe…

Alternative Sentence: Probation and Suspension of Imposition of Sentence. (a) Except as restricted by a specific provision of a section of this Title, upon entering a judgment of conviction of any offense under this title not punishable by life imprisonment, the court, when satis…

New Trial; Correction or Reduction of Sentence. The court may correct an illegal sentence at any time. The court may reduce a sentence within 120 days after the sentence is imposed, or within 60 days after receipt by the court of a mandate issued upon affirmance of the judgment o…

Findings on Sentencing. The court, in imposing any felony sentence, shall enter specific findings why a sentence, fine, alternative sentence, suspension of a sentence, community service or probation, will or will not serve the interests of justice. Source: PL 3-71, § 1 (§ 1215).

Conditional Discharge for Drug Possession as First Offense. (a) Whenever any person who has not previously been convicted of any offense under this title, the Trust Territory Code, or under any statute of the United States or of any State or Territory relating to narcotic drugs, …

Definitions. As used in this chapter: (a) “Crimes against the person” means any of the offenses described in title 6, division 1, part 1, chapters 1 through 4 [6 CMC § 1101 et seq.], and includes the attempt to commit any of those offenses. (b) “Prisoner” or “parolee” means a per…

Notice of Release of Offender. (a) Whenever: (1) The court suspends the sentence of a defendant convicted of a crime against the person, or of an attempt to commit such on offense, or places such defendant on probation without requiring the serving of a term of imprisonment; (2) …

Assessment on Convicted Persons. (a) Whenever a person is convicted of any criminal offense contained in the Commonwealth Code, the Superior Court shall assess a fee to be paid no later than 30 days from the date of sentencing in an amount in accordance with the following schedul…

Definitions. When used in this chapter, unless the context otherwise requires: (a) "Adult" means a person eighteen years of age or older. (b) "Commit to" means to transfer legal custody. (c) "Community-based program" means an in-home confinement program or a nonsecure or staff se…

Principles. The Juvenile Justice System shall operate within the framework of the following principles: (a) Provide humane, disciplined confinement to all detained juveniles. (b) Strengthen opportunities for the juvenile's development of competency and life skills by expanding th…

§ 5103 . Juvenile Justice System Basic Components. The basic components of the Commonwealth's juvenile justice system are as follows: (a) Probation. Juvenile offenders ordered into the custody of DYS will be monitored by a juvenile probation officer. Juvenile probation officers s…

Powers and Duties of DYS and the Director. (a) DYS is the agency responsible for the services and programs for juveniles falling within the jurisdiction of this chapter. DYS shall, at a minimum: (1) Develop efficient and effective juvenile programs within the framework of profess…

Review of Programs for Juveniles – Certification. DYS shall establish compliance standards for the operation of all Commonwealth operated or Commonwealth contracted programs which provide services to juvenile offenders. DYS shall certify such programs' compliance with the standar…

Distribution and Reporting Requirements for Commonwealth, Other Public and Private Contract Facilities. Each facility housing juvenile offenders in department custody, whether a Commonwealth, other public or private contract facility, shall within 15 days of the end of any calend…

Reports by Department. When a juvenile offender has been committed to DYS pursuant to this chapter, DYS shall supply a report of the juvenile offender's educational and developmental progress to the committing court as often as the court deems necessary in its order of commitment…

Restitution to Victims of Juvenile Offenders – Duties of Department. (a) DYS probation shall make reasonable efforts to ensure that court ordered restitution is made to the victim of the juvenile offender. Restitution may be made through the employment of juvenile offenders in wo…

Jurisdiction. The Superior Court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status offense: (a) Where the act, omission or status offense is prohibited by federal or Commonwealth law or o…

Transfer from Other Courts. If during the pendency of a criminal or quasi-criminal charge against any juvenile in any other court than the juvenile court, it shall be ascertained that the juvenile was under the age of eighteen years at the time of committing the alleged offense, …

Retention of Jurisdiction. Jurisdiction obtained by the court in the case of a juvenile shall be retained by it for the purposes of this chapter until the juvenile becomes twenty-one years of age, unless terminated prior thereto. If a juvenile under the jurisdiction of the court …

Waiver of Jurisdiction and Transfer to Other Court. (a) After the filing of a petition and after full investigation and hearing, the court may waive jurisdiction over the juvenile pursuant to this chapter, and order that the juvenile be held for adult criminal proceedings when: (…

Violent Offenses. (a) Any juvenile, age sixteen years or age seventeen years, who is alleged to have committed any of the crimes listed in subsection (b) of this section, or any person under age sixteen years who is alleged to have committed any of the crimes listed in subsection…

Diversion or Informal Disposition of the Petition. Prior to any adjudication under this chapter, the prosecuting attorney may request a preliminary inquiry from the juvenile probation officer to determine whether the interest of the public or the juvenile requires a formal court …

Summons – Notice – Custody of Juvenile. After a petition has been filed and after such further investigation as the court may direct, and if the matter is set for hearing, the court shall issue a summons requiring the person or persons who have custody or control of the juvenile …

Failure to Obey Summons, Contempt – Warrant. If any person summoned as herein provided shall, without reasonable cause, fails to appear, he may be proceeded against for contempt of court. In case the summons cannot be served, or the party served fails to obey the same, or in any …

Appointment of Counsel – Payment of Cost of Legal Services. As early as possible in the proceedings, and in any event before the hearing of the petition on the merits, the juvenile and his parents, or guardian, shall be notified of the juvenile's right to representation by counse…