Title 6, Crimes and Criminal Procedure

Notice by Police of Requests to Have Bail Fixed. When any arrested person for whom bail has not been fixed, or to whom bail has been once denied in the case of murder in the first degree, notifies any police officer or jail attendant that he or she desires to give bail, an offici…

Amount of Bail. The amount of bail shall be such as, in the judgment of the court or official fixing it, will insure the presence of the accused in the future. The determination of the court or official should take into account the nature and circumstances of the offense charged,…

Modification of Bail. The court before which a criminal case is pending may, for cause shown, either increase or decrease the bail or require an additional surety or sureties or allow substitution of sureties. If increased bail or an additional surety or sureties is required, the…

Personal Recognizance. In the case of an arrest for any criminal offense, the lawful punishment for which does not exceed a fine of $100 or six months imprisonment or both, the court or official authorized to fix bail may, in the exercise of discretion, order that the arrested pe…

Bail and Conditions of Release in Domestic Violence Cases. (a) In making a decision concerning the bail or conditions of release of a person who is arrested for or charged with a crime involving domestic violence or violating an order of protection, the court shall consider (1) T…

Bail and Conditions of Release in Child Abuse Cases. (a) In making a decision concerning the bail or conditions of release of a person who is arrested for or charged with Child Abuse as defined in 6 CMC § 5312, the court shall consider: (1) The nature and circumstances of the off…

Transition – Security mortgages, deposits, or pawns with firearms, destructive devices, or ammunition prohibited; loan or rental of firearms, destructive devices, or ammunition prohibited. (a) 6 CMC § 10201 shall not apply to any firearm or ammunition lawfully pledged, pawned, or…

Transition – Illegal weapons and unregistered firearms. (a) The Department of Public Safety shall not register, and shall seize, any unregistered firearm that was present in the Commonwealth prior to the effective date of the Special Act for Firearms Enforcement. This provision s…

Properly registered – Defined. For purposes of this Division, a firearm is not properly registered in the Commonwealth unless its owner is in possession of a current firearm identification card and the firearm has been properly registered under this Division. Source: PL 19-73 § 9…

Transition – Existing firearm identification cards and dealer licenses. (a) Any firearm identification card issued pursuant to the Commonwealth Weapons Control Act shall remain valid until its expiration. (b) Any dealer's license issued pursuant to the Commonwealth Weapons Contro…

Transition – Transfer of firearms. Any properly registered firearm in the Commonwealth on the effective date of the Second Special Act for Firearms Enforcement may be transferred in accordance with the Commonwealth Weapons Control Act for 90 days after the Second Special Act for …

Transition – Firearms legally present in the Commonwealth. Any firearm that is properly registered in the Commonwealth on the effective date of the Second Special Act for Firearms Enforcement may be registered under Chapter 7 of this Division. Source: PL 19-73 § 9 (Dec. 1, 2016),…

Transition – Firearms waiting period. The Firearms waiting period as set forth in Chapter 10 of this Division shall not apply to any firearm properly registered in the Commonwealth until 90 days after the Second Special Act for Firearms Enforcement becomes law. Source: PL 19-73 §…

Transition – Firearms and ammunition ordered prior to the effective date of this Act. Any firearm or ammunition purchased and in transit to the Commonwealth on the effective date of the Second Special Act for Firearms Enforcement shall be exempt from 6 CMC § 2301(a) and 4 CMC § 1…

Transition – Regulations. (a) The Department of Public Safety is authorized to issue regulations to administer the Second Special Act for Firearms Enforcement. (b) The Department of Public Safety may authorize, by regulation, additional fees to administer the Second Special Act f…

Definitions. The definitions in this section apply throughout this Act, unless otherwise specified or a different meaning is plainly required: (a) “Abuse the law” or “abuse the legal process” means to file, or threaten to file, a civil action the person knows is not legally justi…

Involuntary Servitude. A person commits the crime of involuntary servitude if the person recklessly, knowingly, or intentionally subjects, or attempts to subject, another person to forced labor or services without due process of law. Source: PL 14-88, § 3 (1502).

Human Trafficking for Involuntary Servitude. A person commits the crime of human trafficking for involuntary servitude if the person: (a) Knowingly recruits, transports, entices, harbors, provides, or obtains by any means, another person, knowing or with the intent that the perso…

Sexual Servitude of a Minor. A person commits the crime of sexual servitude of a minor if the person: (a) Knowingly recruits, entices, harbors, transports, provides, or procures by any means, a person under 18 years of age, with the intent of inducing the person to engage in any …

Transporting a Person for Purposes of Prostitution. A person commits the crime of transporting a person for prostitution if that person: (a) Knowingly recruits, transports, entices, harbors, provides, or obtains by any means, another person, knowing that the person will engage in…

Penalties. (a) Penalties. A person convicted of violating any section of this Act shall be sentenced as follows: (1) A person convicted of Involuntary Servitude (a violation of 6 CMC § 1502) may be punished by imprisonment for a term not to exceed 20 years, a fine not to exceed $…

Right of Civil Action. An individual who is a victim of a violation under this Act may bring a subsequent civil action in the Commonwealth Superior Court. The court may award actual damages, punitive damages, reasonable attorney’s fees, and other litigation costs reasonably incur…

Effect of Evidence of Initial Consent. Initial consent, if any, of an alleged victim to the particular labor or services in which they were alleged to have been held in violation of this Act, does not constitute a legal defense; it shall be for the trier of fact to determine whet…

Victim’s Right of Privacy. In the prosecution of persons under this Act, the Attorney General shall take all reasonable and legal measures to ensure that the identity of the victim and the victim’s family be kept confidential. Source: PL 14-88, § 3 (1511), modified. Commission Co…

Trafficking Victim Protection. The Attorney General, in consultation with the Office of Victim’s Rights, shall, no later than one year from the effective date of this statute, issue a report outlining how existing victim/witness laws and regulations respond to the needs of traffi…

Definitions. (a) “Act of Terrorism” (1) For purposes of this chapter means an act or acts constituting a specified offense as defined in subsection (d) of this section for which a person may be convicted in the criminal courts of the Commonwealth, or an act or acts constituting a…

Soliciting or Providing Support for an Act of Terrorism. (a) First Degree. (1) A person commits soliciting or providing support for an act of terrorism in the first degree when he or she commits the crime of soliciting or providing support for an act of terrorism in the second de…

Making a Terroristic Threat. (a) A person is guilty of making a terroristic threat when with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder…

Crime of Terrorism. (a) A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or …

Hindering Prosecution of Terrorism. (a) First Degree. (1) A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than on…

Detention and Release of Witness. (a) Whenever the court has reason to believe that a witness may be intimidated or become unavailable at the trial, the witness may be detained as a material witness; provided, that no such person may be detained for a period of more than 21 days …

Witness Immunity. (a) As used in this section: (1) “Other information” includes any book, paper document, record, recording, or other material; (2) “Court of the Commonwealth” means the Commonwealth Superior Court and any appellate court thereof. (b) Whenever a witness refuses, o…

Witness to Outcry of Abuse. (a) This section applies to a proceeding in the prosecution of an offense under any provision involving child abuse, sexual abuse of a minor, or any other offense committed against a child 16 years of age or younger or a person with a disability. (b) T…

Firearm Owner’s Identification Card requirement exceptions. (a) No person may acquire or possess any firearm within the Commonwealth without having in his or her possession a current Firearm Owner’s Identification Card previously issued in his or her name by the Department of Pub…

Safety training requirement. (a) An applicant for a Firearm Owner’s Identification Card must, as a condition for issuance of a license, provide proof of completion of a firearms safety training course that fulfills the following requirements: (1) The firearms safety training cour…

Written safety test. Before a Firearm Owner's Identification Card will be issued, each applicant must successfully complete a written test, created and administered by the Department of Public Safety, demonstrating knowledge regarding the topics listed in 6 CMC § 10602. Source: P…

Exemption to safety training requirement and written exam. The following individuals are exempt from the safety training class and written exam required by this Division. (a) Current federal, state, or Commonwealth law enforcement officers who are required to own or possess a fir…

Approval or denial of application. The Department of Public Safety shall either approve or deny all applications within 60 days from the date they are received, unless good cause is shown, including nonreceipt of information from sources outside the Commonwealth government. The D…

Contents of Firearm Owner’s Identification Card. (a) A Firearm Owner's Identification Card, issued by the Department of Public Safety at such places as the Commissioner of the Department of Public Safety shall specify, shall contain the applicant's name, residence, date of birth,…

Altered, forged, counterfeit firearm identification cards and false statements. (a) It shall be a felony punishable by a fine of not more than $10,000 or imprisonment for not more than 10 years, or both for: (1) Any person to forge or materially alter a Firearm Owner’s Identifica…

Duration of Firearm Owner’s Identification Card. (a) Except as otherwise provided by law, a Firearm Owner's Identification Card issued under the provisions of this Division shall be valid for the person to whom it is issued for a period of three years from the date of issuance. (…

Background check required. (a) The Department of Public Safety must complete a background check for any person who applies for a Firearm Owner’s Identification Card. (b) National Instant Criminal Background Check System. (1) The Department of Public Safety shall act as the Common…

Grounds for denial and revocation. (a) The Department of Public Safety has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Division only if the Department finds that the applicant or the person to whom…

Notifications to the Department of Public Safety. (a) The Commonwealth Superior Court shall, in the form and manner of its choosing, notify the Department of Public Safety of all final dispositions of cases which require the denial or revocation of a Firearm Owner's Identificatio…

National instant criminal background check system – notice required. Notwithstanding 6 CMC § 10611 , if the Department of Public Safety determines that a person or organization is prohibited from acquiring or possessing a Firearm Owner's Identification Card, under this Division o…

Denial of application or revocation or seizure of card – notice required. Every person whose application for a Firearm Owner's Identification Card is denied, and every holder of such a Card whose Card is revoked or seized, shall receive a written notice from the Department of Pub…