DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 3
Criminal Responsibility

2001.  Liability for crimes of another.
2002.  Physical or mental disease, disorder, or defect excluding criminal responsibility.
2003.  Evidence of physical or mental disease, disorder, or defect admissible when relevant  to element of the offense.
2004.  Physical or mental disease, disorder, or defect excluding fitness to proceed.
2005.  Statements for purposes of examination and treatment.
2006.  Intoxication.
2007.  Presumption as to responsibility of children.
2008.  Responsibility for the consumption, possession, sale, or distribution of alcoholic beverages, tobacco, cigarettes, including but not limited to snuff, and/or controlled substances.

      2001.  Liability for crimes of another.

     (1)  A person is criminally liable for the conduct of another, if:

     (a)  he intentionally aids, abets, advises, solicits, counsels or conspires with or otherwise procures the other to commit an offense; or

     (b)  while acting with the state of mind that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or

     (c)  having a legal duty to prevent the commission of an offense, he fails to make proper effort to do so.

     (2)  A person liable under Subsection (1) of this Section is also liable for any other offense committed in the pursuance of the intended crime if reasonably foreseeable by him as a probable consequence of committing or attempting to commit the offense intended.

     (3)  A person liable under this Section may be charged with and convicted of the offense although the person who directly committed it has not been prosecuted or convicted, or has been convicted of a different offense or degree of offense, or has been acquitted.

Source:  CSL 6-66, 301.

      2002.  Physical or mental disease, disorder, or defect excluding criminal responsibility.

     (1)  A person is not responsible for criminal conduct if at the time of such conduct, as a result of physical or mental disease, disorder, or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.

     (2)  The terms "physical or mental disease, disorder, or defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial defense.

     (3)  Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense.

     (4)  When the defendant is acquitted on the grounds of physical or mental disease, disorder, or defect excluding responsibility, the judgment shall so state.

Source:  CSL 6-66, 302.

      2003.  Evidence of physical or mental disease, disorder, or defect admissible when relevant to element of the offense.
      Evidence that the defendant suffered from a physical or mental disease, disorder, or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is an element of the offense.

Source:  CSL 6-66, 303.

      2004.  Physical or mental disease, disorder, or defect excluding fitness to proceed.

     (1)  No person who, as a result of physical or mental disease, disorder, or defect, lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.

     (2)  If the Court determines that the defendant lacks fitness to proceed, the proceedings against him shall be suspended, and the Court shall commit him, for a reasonable period of time, to an appropriate institution for the purpose of restoring fitness to proceed.  If the Court is satisfied that the defendant may be released on conditions without danger to himself or to the person or property of another, the Court shall order his release, which shall continue at the discretion of the Court, on such conditions as the Court determines necessary.

     (3)  When the Court, on its own motion or upon the application of the institution, or the prosecuting attorney, or the defendant, determines, after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the proceeding shall be resumed.  If the Court determines that so much time has elapsed due to the unfitness of the defendant to proceed that it would be unjust to resume the criminal proceeding, the Court may dismiss the charge and may order the defendant to be discharged or, subject to the law governing the civil commitment or conditional release of persons suffering from physical or mental disease, disorder, or defect, order the defendant to be committed or released on such conditions as the Court determines necessary.

Source:  CSL 6-66, 304.

      2005.  Statements for purposes of examination and treatment.
     A statement of a person made pursuant to treatment under this Chapter, or made pursuant to an examination for the purpose of assessing criminal responsibility or fitness to proceed, shall not be admissible in evidence against him in any criminal proceeding on any issue other than of his physical or mental condition, but it shall be admissible as to issues of his physical or mental condition whether or not it would otherwise be deemed a privileged communication, unless such statement constitutes an admission of guilt of the offense charged.

Source:  CSL 6-66, 305.

      2006.  Intoxication.

     (1)  An act committed while in a state of voluntary intoxication is no less criminal by reason thereof, but evidence of intoxication of the defendant shall be admissible to prove or negate the conduct alleged or the state of mind which is an element of the offense.

     (2)  Intoxication does not, in itself, constitute a physical or mental disease, disorder, or defect within the meaning of this Chapter.

     (3)  When recklessness constitutes an element of the offense, if the defendant, due to voluntary intoxication, is unaware of a risk that he would have been aware of had he been sober, such unawareness is immaterial.

     (4)  "Intoxication" means a disturbance of mental or physical capabilities resulting from the introduction of substances into the body.

Source:  CSL 6-66, 306.

      2007.  Presumption as to responsibility of children.
     Children under the age of 10 ten are conclusively presumed to be incapable of committing any crime.  Children between the ages of 10 ten and 14 fourteen are presumed to be incapable of committing any crime, in which case the presumption is rebuttable.  The provisions of this Section, however, shall not prevent proceedings against and the disciplining of any person under 18 eighteen years of age as a delinquent child.

Source:  CSL 6-66, 307, modified.

      2008.  Responsibility for the Consumption, possession, Sale, or Distribution of Alcoholic Beverages, Tobacco, Cigarettes, including but not limited to Snuff, and/or Controlled Substances.

     (1 a)  The production, possession, sale, distribution or consumption of alcoholic beverages, tobacco, including but not limited to snuff, cigarettes, and/or "controlled substances" as defined under Chapter 11 of Title 11 of the FSM Code, as now enacted or as hereinafter amended, by a person under the age of 18 for any purpose other than a medically authorized and/or religious purpose, shall be grounds for delinquency proceedings against such a person pursuant to Section 2007 of this Chapter 307 above.

     (2 b)  Any person 18 years or older, including but not limited to manufacturers, retailers and distributors, who purposely distributes, or causes to be distributed to or consumed by a person under 18 years of age any amount of alcoholic beverages, tobacco, including but not limited to snuff, cigarettes and/or controlled substances as defined in Subsection (1 a) of this Section above, except for medical or religious purposes, shall be guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned for not less than 30 days or be fined not less than $100, or both.  This Subsection shall not be construed to reduce the penalty applicable under any other provision of law.

     (3 c)  No manufacturer, retailer or distributor of  alcoholic beverages, tobacco, including but not limited to snuff, cigarettes and/or controlled substances, as defined in Subsection (1 a) of this Section above, or other person, shall advertise or promote, by billboard, radio, television, public broadcast, handout, device or otherwise for commercial purposes, other than by radio or cable television where the operator does not control the content of the programming:

     (a 1)  any tobacco product, including but not limited to snuff;

     (b 2)  any alcoholic beverage, including but not limited to beer, wine, and liquor;

     (c 3)  any controlled substances, as defined in Subsection (a) above.

Any person who violates the provisions of this Subsection (3 c) shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $100.00 per offense, or imprisoned not less than 30 days per offense, or both.

     (4 d)  Notwithstanding the prohibitions of Subsection (3 c) of this Section, nothing herein shall prohibit a commercial vendor from displaying prices of legal products by signs.

     (5 e) To ensure compliance with Subsections (2 b) and (3 c) above, random, unannounced inspections shall be conducted periodically by the Department of Public Safety or the Department of Health Services, or their designee(s), of retail or other establishments where alcoholic beverages, tobacco, including but not limited to snuff, and controlled substances, as defined in Subsection (1 a) of this Section above, are manufactured, sold or distributed.

     (6 f)  Signs shall be prominently posted in all retail or other establishments where alcoholic beverages, tobacco products, including but not limited to snuff, or controlled substances, as defined in Subsection (1 a) of this Section above, are sold or distributed, on which are printed the prohibitions and penalties contained in Subsection (2 b) of this Section above.  The signs shall be printed in Chuukese, or any local variation of Chuukese spoken in the area where the establishment is located, and in English, in letters designed to be easily read, at least one half inch high.  Any person who violates the provisions of this Subsection shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $100.00 per offense, and shall be required to comply with the requirements of this Subsection immediately.

Source:  CSL 2-94-08, 1 (308), modified.