DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 1
General Provisions

1001.  Short Title.
1002.  Applicability to offenses committed before and after the effective date.
1003.  Territorial applicability.
1004.  Definitions.
1005.  Time limitations for beginning prosecutions.
1006.  Defenses.
1007.  Customary law.
1008.  Jurisdiction.

      1001.  Short Title.
     This title shall be known and cited as the "Truk Chuuk State Criminal Code."

Source:  CSL 6-66, 101, modified.

Editor's note: CSL 6-66 that created this title contained purpose and repeal clauses as follows:

     Section 1.  Purpose.  The purpose of this Act is to set out a criminal code, to adjust for the new definition of "major crimes" and to address those areas not previously covered under state law.
     Section 2.  Repeal and Supersede.  Title II of the Trust Territory Code is hereby repealed in its entirety and superseded by the following:

      1002.  Applicability to offenses committed before and after the effective date.

     (1)  Except as provided in Subsection (2) of this Section, this Code does not apply to offenses committed before its effective date.  For purposes of this Section, an offense is committed before the effective date if any of the elements of the offense occurred before that date.

     (2)  Prosecutions for offenses committed before the effective date are governed by the prior law, which is continued in effect for the purpose, as if the Code were not in force.

Source:  CSL 6-66, 102.

      1003.  Territorial applicability.

     (1)  Except as otherwise provided in this Section, a person may be convicted under the law of the State of Truk Chuuk of an offense committed by his own conduct or the conduct of another for which he is legally accountable, if:

     (a)  either the conduct or the result which is an element of the offense occurs within this jurisdiction; or
 
     (b)  conduct occurring outside this jurisdiction is sufficient under the law of this jurisdiction to constitute an attempt to commit an offense within this jurisdiction; or

     (c)  conduct occurring outside this jurisdiction is sufficient under the law of this jurisdiction ton constitute a conspiracy to commit an offense within this jurisdiction and an overt  act in furtherance of such conspiracy occurs within this jurisdiction; or

     (d)  conduct occurring within this jurisdiction establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of this jurisdiction; or

     (e)  the offense consists of the omission, while within or outside this jurisdiction, to perform a legal duty imposed by the law of the State of Chuuk Truk with respect to domicile residence, or a relationship to a person, thing, or transaction in this jurisdiction; or

     (f)  the offense is based on a statute of the State of Chuuk Truk which expressly prohibits conduct outside this jurisdiction, when the conduct bears a reasonable relation to a legitimate interest of the State of Chuuk Truk and the defendant knows that his conduct is likely to affect that interest.

     (2)  The term "this jurisdiction" means the State of Chuuk Truk, which includes the land and water and air space above the land and water with respect to which the State of Chuuk Truk has legislative jurisdiction.

Source:  CSL 6-66, 103, modified.

      1004.  Definitions.
     The definitions in this Section shall apply throughout this Code, unless otherwise specified or a different meaning is plainly required.

     (1)  Classification of crimes.  A "felony" is an offense which may be punished by imprisonment for a period of more than one year.  Every other offense is a misdemeanor.

     (2)  Defendant.  The term "defendant" includes a person who is an accessory or accomplice of the defendant.

     (3)  Persons.  The terms "person," "he," "accused," and "defendant" include any natural person and, where relevant, a corporation or an unincorporated association.

     (4)  State.  The term "State" means the State of Chuuk Truk.

Source:  CSL 6-66, 104, modified.

      1005.  Time limitations for beginning prosecutions.

     (1)  A prosecution for a misdemeanor offense must be commenced within two years after it is committed.

     (2)  A prosecution for a felony offense must be commenced within three years after it is committed.

     (3)  If the time limitation set forth in Subsection (1) or (2) of this Section has expired, a prosecution may nevertheless be commenced for:

     (a)  Any offense, an element of which is either fraud or a breach of fiduciary obligation, within one year after discovery of the offense by an aggrieved party or by a person who has legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or

     (b)  Any offense based on misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.

     (4)  The time limitation doe not run:

     (a)  During any time when the accused it continuously absent from the jurisdiction or has no reasonably determinable place of abode or work within the jurisdiction; or

     (b)  During any time when a prosecution against the accused for the same conduct is pending in this jurisdiction.

     (5)  A prosecution is commenced either when an information or complaint is filed or when an arrest warrant or other process is executed without unreasonable delay.

Source:  CSL 6-66, 105.

      1006.  Defenses.

     (1)  A defense is a fact or set of facts which negates penal liability.

     (2)  No defense may be considered by the trier of fact unless evidence of the specified fact or facts has been presented.  If such evidence is presented then:

     (a)  if the defense is not an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in the light of any contrary prosecution evidence, raises a reasonable doubt as to the defendant's guilt; or

     (b)  if the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of facts finds that the evidence, when considered in the light of any contrary prosecution evidence, proves by a preponderance of the evidence, the specified fact or facts which negate penal liability.

     (3)  A defense is an affirmative defense if it is so designated by this Code or another applicable statute.

Source:  CSL 6-66, 106.

      1007.  Customary law.
     For purpose of administration and enforcement of this Code:

     (1)  Generally accepted customs prevailing within the State of Chuuk Truk relating to crimes and criminal liability shall be recognized and considered by the Chuuk Truk State Court.  Where conflicting customs are both relevant, the Court shall determine the weight to be accorded to each;

     (2)  Unless otherwise made applicable or given legal effect by statute, the applicability and effect of customary law in a criminal case arising under this act shall be determined by the Court of jurisdiction in such criminal case.

     (3)  Where there is a dispute as to the existence or effect of customary law applicable to a criminal case arising under this Code, the party asserting applicability of customary law has the burden of proving by a preponderance of the evidence the existence, applicability, and customary effect of such customary law.

Source:  CSL 6-66, 107, modified.

      1008.  Jurisdiction.
     All trials of offenses shall be held in the Trial Division of the Chuuk Truk State Court.

Source:  CSL 6-66, 108, modified.