Title 6 — Crimes and Criminal Procedure
52 chapters · 631 sections in this title.
6 CMC § 5134 Failure to Obey Summons, Contempt – Warrant
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5134. 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 summ…
6 CMC § 5135 Appointment of Counsel – Payment of Cost of Legal Services
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5135. 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 gua…
6 CMC § 5136 Adjudication Hearing
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5136. Adjudication Hearing. (a) If the juvenile denies the allegations in the petition, the court shall conduct a full evidentiary adjudication hearing, in the manner prescribed by the Commonwealth Rules of Evi…
6 CMC § 5137 Disposition
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5137. Disposition. (a) Upon the entry of an order finding the juvenile is within the purview of this chapter, the court shall then hold a hearing in the manner consistent with the Commonwealth Rules of Criminal…
6 CMC § 5141 Apprehension and Release of Juveniles – Detention
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5141. Apprehension and Release of Juveniles – Detention. (a) A peace officer may take a juvenile into custody without order of the court: (1) When he has probable cause to believe that the juvenile has committe…
6 CMC § 5142 Juvenile Detention Centers
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5142. Juvenile Detention Centers. The purposes of a juvenile detention center shall be: (a) The care, control and development of adjudicated juvenile offenders; (b) The provision of detention services for juven…
6 CMC § 5143 Standards for Detention
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5143. Standards for Detention. The following shall be minimum standards for the detention of juveniles provided for in this chapter: (a) Juvenile detention facilities must be so constructed and/or maintained as…
6 CMC § 5144 Secure Facilities
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5144. Secure Facilities. (a) DYS shall maintain and operate secure facilities for the custody of juvenile offenders who are pending adjudication by the court or have been committed to a period of detention by t…
6 CMC § 5151 Appeals
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5151. Appeals. All orders or final judgments made by any court in matters affecting a juvenile within the purview of this chapter may be appealed by the juvenile or the Commonwealth in accordance with 6 CMC § 8…
6 CMC § 5152 Reassessment of Committed Juveniles – Records – Failure to Reassess
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5152. Reassessment of Committed Juveniles – Records – Failure to Reassess. (a) DYS shall make periodic reassessments of all juveniles committed to detention for the purpose of determining whether existing order…
6 CMC § 5153 Term of Commitment – Review After Commitment
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5153. Term of Commitment – Review After Commitment. A juvenile offender committed to a secure facility shall remain until the offender reaches eighteen years of age, is retained for extended custody pursuant to…
6 CMC § 5154 Release from Custody of DYS
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5154. Release from Custody of DYS. (a) DYS may recommend that the juvenile court order the early release of a juvenile who has been committed to the detention facility. (b) Juvenile offenders may be released to…
6 CMC § 5155 Compensation – Amount – Crediting Account of Juvenile – Juveniles Not Employees – Accountability of Other Than Restitution Funds
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5155. Compensation – Amount – Crediting Account of Juvenile – Juveniles not Employees – Accountability of Other Than Restitution Funds. Each juvenile who is engaged in productive work for compensation while und…
6 CMC § 5161 Truancy
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5161. Truancy. (a) Any juvenile subject to compulsory education pursuant to 3 CMC § 1141 who has not been granted a waiver from the Commissioner of Education and who is absent without valid excuse for (1) five …
6 CMC § 5162 Encouraging Violations
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5162. Encouraging Violations. (a) A person shall be guilty of a misdemeanor as defined in 6 CMC § 102(s) when such person by any act or neglect (1) encourages, aids or causes a juvenile to come within the purvi…
6 CMC § 5163 Schools Attendance - Jurisdiction Over Students and Parents
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5163. School Attendance - Jurisdiction Over Students and Parents. (a) The Board of Education shall establish a School Attendance Review Committee. The School Attendance Review Committee shall include, but need …
6 CMC § 5171 Records – Privileged Information
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5171. Records – Privileged Information. (a) The court shall maintain records of all cases brought before it. In proceedings under this chapter, juvenile courtroom proceedings and records shall not be open to th…
6 CMC § 5172 Program Records as Property of Department – Control of Records
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5172. Program Records as Property of Department – Control of Records. Copies of records regarding individual juveniles, which records are maintained by providers under contract with DYS to provide services to j…
6 CMC § 5173 Expungement of record – Hearing – Findings Necessary – Special Index – Effect of Order
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 5: JUVENILE JUSTICE § 5173. Expungement of record – Hearing – Findings Necessary – Special Index – Effect of Order. (a) Any person who has been adjudicated delinquent in a case under this chapter may, after the expiration of five ye…
6 CMC § 6101 Process Obligatory Upon Police
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 6: CRIMINAL PROCEDURE § 6101. Process Obligatory Upon Police. (a) All process in any criminal proceeding, contempt proceeding, or in a juvenile delinquency proceeding, issued in accordance with law and the rules of procedure prescri…
6 CMC § 6102 Limitation of Arrests Without a Warrant
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 6: CRIMINAL PROCEDURE § 6102. Limitation of Arrests Without a Warrant. No arrest of any person may be made without first obtaining a warrant for the arrest, except as authorized in this chapter or as otherwise provided by law. Sourc…
6 CMC § 6103 Authority to Arrest or Detain Without Warrant
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 6: CRIMINAL PROCEDURE § 6103. Authority to Arrest or Detain Without Warrant. Arrest without a warrant is authorized in the following situations: (a) Where a breach of the peace or other criminal offense has been committed, and the o…
6 CMC § 6104 Use of Force in Making Arrest
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 6: CRIMINAL PROCEDURE § 6104. Use of Force in Making Arrest. In all cases where the person arrested refuses to submit or attempts to escape, such degree of force may be used as is necessary to compel submission. Source: 12 TTC § 65.…
6 CMC § 6105 Rights of Persons Arrested
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 6: CRIMINAL PROCEDURE § 6105. Rights of Persons Arrested. (a) In any case of arrest or temporary detention for examination, as provided in 6 CMC § 6103(d), it is unlawful: (1) To deny to the arrested person the right to see at reaso…
6 CMC § 6106 Effect of Irregularities in Issuance of Warrant of Arrest
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 6: CRIMINAL PROCEDURE § 6106. Effect of Irregularities in Issuance of Warrant of Arrest. The proceedings before a court or an official authorized to issue a warrant of arrest may not be invalidated, nor any finding, order, or senten…
6 CMC § 6107 Effect of Violation of Division
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 6: CRIMINAL PROCEDURE § 6107. Effect of Violation of Division. No violation of a provision of this division shall in and of itself entitle an accused to an acquittal, but no evidence obtained as a result of any violation may be admi…
6 CMC § 7101 Power to Grant Writs of Habeas Corpus
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 7: HABEAS CORPUS § 7101. Power to Grant Writs of Habeas Corpus. Writs of habeas corpus may be granted by the Commonwealth Superior Court or any of its judges. Every person unlawfully imprisoned or restrained of his or her liberty un…
6 CMC § 7102 Application for Writ
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 7: HABEAS CORPUS § 7102. Application for Writ. Application for the writ of habeas corpus shall be made to the court by a written statement under oath signed by the party for whose relief it is intended, or by some person in his or h…
6 CMC § 7103 Action by Superior Court Clerk Upon Application for Writ
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 7: HABEAS CORPUS § 7103. Action by Superior Court Clerk Upon Application for Writ. If the application for a writ of habeas corpus is made to the Clerk of the Commonwealth Superior Court, the clerk shall immediately bring the applica…
6 CMC § 7104 Show Cause Order
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 7: HABEAS CORPUS § 7104. Show Cause Order. A judge entertaining an application for a writ of habeas corpus shall issue an order directing the person against whom the writ is requested to show cause why the writ should not be granted…
6 CMC § 7105 Issuance or Denial of Writ
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 7: HABEAS CORPUS § 7105. Issuance or Denial of Writ. A judge hearing the application for a writ of habeas corpus and authorized to issue the writ shall, without delay or formality, determine the facts, grant the writ unconditionally…
6 CMC § 7106 Evidence
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 7: HABEAS CORPUS § 7106. Evidence. On application for a writ of habeas corpus, evidence may be taken orally or by deposition, or in the discretion of the court, by written statement under oath. If written statements under oath are a…
6 CMC § 7107 Appeals
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 7: HABEAS CORPUS § 7107. Appeals. In a habeas corpus proceeding, the final order is subject to appeal to the Commonwealth Supreme Court, provided that notice of appeal is filed within 30 days after entry of the final order. The cour…
6 CMC § 8101 Right of Commonwealth to Appeal
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 8: APPEALS § 8101. Right of Commonwealth to Appeal. (a) In a criminal case, the Commonwealth government shall have the right to appeal only when a written enactment intended to have the force and effect of law has been held invalid.…
6 CMC § 9101 Definitions
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9101. Definitions. As used in this chapter, the following phrases have the meaning indicated, unless the context clearly indicates otherwise: (a) “Victim” means a person, other than a perpetra…
6 CMC § 9102 Establishment of Victim Witness Advocacy Unit
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9102. Establishment of Victim Witness Advocacy Unit. A Victim Witness Advocacy Unit is hereby established within the Office of the Attorney General, Criminal Division. The Victim Witness Advoc…
6 CMC § 9103 Duties and Responsibilities
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9103. Duties and Responsibilities. (a) The duties and responsibilities of the Victim Witness Advocacy Unit shall include, but not be limited to: (1) Preparation and dissemination of the victim…
6 CMC § 9104 Victims Bill of Rights
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9104. Victims Bill of Rights. (a) Best efforts to accord rights. Officers and employees of the Office of the Attorney General and other departments and agencies of the Commonwealth of the Nort…
6 CMC § 9105 Services to Victims
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9105. Services to Victims. (a) Designation of responsible officials. The head of each department and agency of the Commonwealth of the Northern Mariana Islands engaged in the detection, invest…
6 CMC § 9106 Appeal Information
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9106. Appeal Information. The Attorney General’s office shall inform the victim or victim’s family if the defendant seeks appellate review of a conviction or sentence, the status of the case o…
6 CMC § 9107 Submission of Victim Impact Statement to the Court
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9107. Submission of Victim Impact Statement to the Court. (a) Prior to imposition of sentence in a felony case, the Victim Witness Advocacy Unit shall prepare a written victim impact statement…
6 CMC § 9108 Access to Written Victim Impact Statements
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9108. Access to Written Victim Impact Statements. The court shall make available copies of the statement to the defendant, defendant’s counsel, and the Attorney General’s office. These parties…
6 CMC § 9109 Consideration of the Victim Impact Statement
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9109. Consideration of the Victim Impact Statement. Any victim impact statement submitted to the court under 6 CMC § 9107(a) shall be among the factors considered by the court in determining t…
6 CMC § 9110 Limitation
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9110. Limitation. This statute shall not be construed to require a victim to submit a victim impact statement or to cooperate in the preparation of a victim impact statement. Source: PL 10-81,…
6 CMC § 9111 Victim's Right to Privacy
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9111. Victim’s Right to Privacy. (a) A victim has the right not to testify at any court proceeding regarding the victim’s home or employment address, home or employment telephone number, place…
6 CMC § 9112 Limitations on Employers
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 9: CRIMINAL JUSTICE SYSTEM COMPONENTS § 9112. Limitations on Employers. A victim may not be discharged or disciplined by the victim’s employer for honoring a subpoena to testify or for necessary participation in the preparation of a…
6 CMC § 10201 Security mortgages, deposits, or pawns with firearms, destructive devices, or ammunition prohibited; loan or rental of firearms, destructive devices, or ammunition prohibited
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 10: SPECIAL ACT FOR FIREARMS ENFORCEMENT (SAFE) § 10201. Security mortgages, deposits, or pawns with firearms, destructive devices, or ammunition prohibited; loan or rental of firearms, destructive devices, or ammunition prohibited.…
6 CMC § 10202 Allowing an unsupervised minor to use or possess a firearm
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 10: SPECIAL ACT FOR FIREARMS ENFORCEMENT (SAFE) § 10202. Allowing an unsupervised minor to use or possess a firearm. (a) Unless permitted by subsection (b), any person who allows a minor, defined as any person under 21 years of age,…
6 CMC § 10203 Sale of firearms, destructive devices, dangerous devices, or ammunition to persons under 21 years of age prohibited
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 10: SPECIAL ACT FOR FIREARMS ENFORCEMENT (SAFE) § 10203. Sale of firearms, destructive devices, dangerous devices, or ammunition to persons under 21 years of age prohibited. A person who knowingly or intentionally sells, transfers, …
6 CMC § 10204 Storage of firearms; penalties
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TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 10: SPECIAL ACT FOR FIREARMS ENFORCEMENT (SAFE) § 10204. Storage of firearms; penalties. (a) No person shall keep a firearm within a residence, a place of business, or on private land unless: (1) the firearm is stored in a locked co…