DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 4
Offenses Against the Person

2051.  Definitions.
2052.  Negligent homicide.
2053.  Sexual assault.
2054.  Sexual Abuse.
2055.  Incest.
2056.  Endangering welfare of children.
2057.  Assault with a dangerous weapon.
2058.  Assault.
2059.  Assault and Battery.
2060.  Mayhem.
2061.  Reckless Endangering.
2062.  Threats.
2063.  False Imprisonment.
2064.  Criminal Coercion.
2065.  Murder.
2066.  Manslaughter.
2067.  Aggravated assault.
2068.  Abortion.
2069.  Attempting to interfere with the impeachment process by threatening, attempting to intimidate, or injuring a person associated with a Court of Impeachment.

      2051.  Definitions.
     For the purpose of this Chapter, the following terms shall have the meaning indicated below:

     (1)  "Bodily injury" means physical pain, illness, or any impairment of physical condition;

     (2)  "Dangerous weapon" means any firearm, or other weapon, device, instrument, material, or substance, whether inanimate or animate, which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury;

     (3)  "Intent" a person acts intentionally, or with intent, with respect to his conduct or to a result thereof when it is his conscious purpose to engage in the conduct or cause the result.

     (4) "Knowledge" a person acts knowingly, or with knowledge, with respect to his conduct or to attendant circumstances when he is aware of the nature of his conduct or that those circumstances exist.  A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is practically certain to cause the result.
 
     (5) "Recklessness" " Recklessness"means to act with willful disregard to the attendant circumstances, or if unaware of the circumstances, to act in such a manner that constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.

     (6)  "Serious bodily injury"  means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ; or other bodily injury of like severity.

     (7)  "Serious psychological injury" means psychological or emotional damage that requires protracted treatment or is characterized by extreme behavioral changes or severe physical symptoms;

     (8)  "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the defendant, done with the intent of gratifying the sexual desire of either party.

     (9)  "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, or anal intercourse, or the causing of penetration to any extent and with any object of the genital or anal opening of another whether or not there is any emission;

Source:  CSL 6-66, 401, new Subsections (3) to (5) added by CSL 191-26, 1 (401(7), 401(8), and 401(9)), and Subsections thereafter renumbered.

Editor's note:  Definitions put into alphabetical order and renumbered accordingly.

      2052.  Negligent homicide.

     (1)  A person commits the offense of negligent homicide if he negligently causes the death of another human being.

     (2)  A person acts negligently when he should be aware of a substantial and unjustifiable risk that death will result from his conduct. The risk must be of such a nature and degree that the defendant's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the defendant's situation.

     (3)  A person convicted of negligent homicide shall be punished by imprisonment for a period of not more than three years, or a fine of not more than $2,500, or both.

Source:  CSL 6-66, 402.

      2053.  Sexual assault.

     (1)  A person commits the offense of sexual assault if he intentionally subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or another or on a beast, against the other person's will, or under conditions in which the defendant knows or should know that the other person is mentally or physically incapable of resisting or understanding the nature of his conduct.

     (2)  A person convicted under this Section shall be punished:

     (a)  if a dangerous weapon was used by the defendant, by imprisonment for not more than nine years, or a fine of not more than $10,000, or both;

     (b)  otherwise, by imprisonment for not more than five years, or a fine of not more than $5,000, or both.

Source:  CSL 6-66, 403.

      2054.  Sexual Abuse.

     (1)  A person commits the offense of sexual abuse if he intentionally has sexual contact with another person who is less than 13 thirteen years old or causes such a person to have sexual contact with him.

     (2)  Defense.  It is an affirmative defense that the defendant reasonably believed the child to be older than 13 thirteen.

     (3)  A person convicted under this Section shall be punished by imprisonment for not more than five years, or a fine of not more than $5,000.00, or both.

Source:  CSL 6-66, 404.

      2055.  Incest.
     Every person who shall unlawfully engage in sexual intercourse with another of such a close blood relationship or affinity that marriage between the two who so engage is prohibited by law or custom, shall be guilty of incest, and upon conviction thereof shall be imprisoned for a period of not more than three months; provided, however, that the burden of proof of such relationship or affinity shall rest with the prosecution.

Source:  CSL 6-66, 405.

      2056.  Endangering welfare of children.
     Every parent, guardian, or other person supervising the welfare of a child under 18 years of age, who knowingly endangers the child's welfare by violating a duty of care, protection, or support shall be guilty of endangering the welfare of children, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $500.00, or both.
 
Source:  CSL 6-66, 406.

      2057.  Assault with a dangerous weapon.

     (1)  A person commits the offense of assault with a dangerous weapon if he attempts to cause or purposely causes bodily injury to another person with a dangerous weapon.

     (2)  A person convicted of assault with a dangerous weapon shall be punished by imprisonment for not more than five years, or a fine of not more than $5,000.00, or both.

Source:  CSL 6-66, 407.

      2058.  Assault.

     (1)  A person commits the offense of assault if he unlawfully offers or attempts, with force or violence, to strike, beat, wound, or do bodily harm to another.

     (2)  A person convicted of assault and battery shall be punished by imprisonment for not more than three years, or a fine of not more than $100.00, or both.

Source:  CSL 6-66, 408.

      2059.  Assault and Battery.

     (1)  A person commits the offense of assault and battery if he does unlawfully strike, beat, wound or otherwise do bodily harm to another.

     (2)  A person convicted of assault and battery shall be punished by imprisonment for not more than six 6 months, or a fine of not more than $250.00 or both.

     (3)  It shall be mandatory to compensate any bodily injury by the accused when convicted under this Section.  The Court shall have the power to determine the amount and the manner in which such restitution be satisfied accordingly.

Source:  CSL 6-66, 409, as amended by CSL 3-95-13, 1 (409).

Editor's note:  CSL 3-95-13 that amended this Section was disapproved by the Governor on January 8, 1996, but was overridden by the House of Representatives on February 12, 1996 and by the Senate on February 13, 1996.

      2060.  Mayhem.

     (1)  A person commits the offense of mayhem if he, with intent to maim or disfigure, does cut, bite, or slit the nose, ear, or lip, or cut off or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person.

     (2)  A person convicted of mayhem shall be punished by imprisonment for not more than three years, or a fine of not more than $1,000.00, or both.

Source:  CSL 6-66, 410.

      2061.  Reckless Endangering.

     (1)  A person commits the offense of reckless endangering if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.

     (2)  A person convicted of the offense of reckless endangering shall be punished by imprisonment of not more than six months, or a fine of not more than $100.00, or both.

Source:  CSL 6-66, 411.

      2062.  Threats.

     (1)  A person commits the offense of threats if he does threaten to commit any crime of violence with the purpose to terrorize another person.

     (2)  A person convicted of the offense of threats shall be punished by imprisonment of not more than six months, or a fine of not more than $100.00, or both.

Source:  CSL 6-66, 412.

      2063.  False Imprisonment.

     (1)  A person commits the offense of false imprisonment if he does knowingly and unlawfully detain another person by force and against his will, so as to interfere substantially with his liberty.

     (2)  A person convicted of the offense of false imprisonment shall be punished by imprisonment of not more than six months, or a fine not more than $100.00, or both.

Source:  CSL 6-66, 413.

      2064.  Criminal Coercion.

     (1)  A person commits the offense of criminal coercion if he intentionally compels or induces another person to engage in conduct from which he has a legal right to abstain or to abstain from conduct in which he has a legal to engage, by means of instilling in him a fear that, if the demand is not compiled with, the defendant or a third person will:

     (a)  commit any felony offense; or

     (b)  accuse anyone of a felony offense; or

     (c)  expose any secret or publicize any asserted fact whether true or false, tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute; or

     (d)  reveal any information sought to be concealed by the person; or

     (e)  testify to provide information or withhold testimony or information with respect to any person's legal claim or defense; or

     (f)  take or withhold action as a public servant or cause a public servant to take or withhold such action.

     (2)  Defense.  It is a defense to a prosecution under Paragraphs (b), (c), (d), and (f) of Subsection (1) of this Section, that the defendant believed the threatened accusation or exposure to be true or the proposed action of a public servant justified, and that his sole intention was to compel or induce the victim to take reasonable action to prevent or remedy the wrong which was the subject of the threatened accusation, exposure, or action of a public servant.

     (3)  A person convicted under this Section shall be punished:

     (a)  if a dangerous weapon is used to instill fear, by imprisonment for not more than nine years, or a fine of not more than $10,000, or both;

     (b)  otherwise, by imprisonment for not more than five years, or a fine of not more than $5,000, or both.

Source:  CSL 6-66, 414.

      2065.  Murder.

     (1)  Murder.  Except as provided in Subsection 415(1)(b) of this Section, a person commits the offense of murder if he unlawfully causes the death of another human being:

     (a)  intentionally or knowingly; or

     (b)  recklessly under circumstances manifesting extreme indifference to the value of human life.
 
     (2)  Penalty.  A person convicted of murder shall be punished by imprisonment for a minimum term of five years, and may be punished by imprisonment for a maximum term of life.

Source:  CSL 191-26, 1 (415), modified.

      2066.  Manslaughter.

     (1)  A person commits the offense of manslaughter if he causes the death of another human being when:

     (a)  acting recklessly; or

     (b)  a homicide which would otherwise be murder is committed under influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse.  The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the defendant's situation under the circumstances as he believes them to be.

     (2)  Manslaughter is punishable by imprisonment for not more than ten years.

Source:  CSL 191-26, 1 (416).

      2067.  Aggravated assault.

     (1)  A person commits an offense of aggravated assault if he causes serious bodily injury to another intentionally, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life.

     (2)  A person convicted of aggravated assault shall be punished by imprisonment for not more than 10 years.

Source:  CSL 191-26, 1 (417).

      2068.  Abortion.

     (1)  Abortion means the intentional or knowing destruction of the life of an unborn child, or the intentional or knowing expulsion or removal of an unborn child from the womb of the mother other than for the purpose of producing a live birth, or removing a dead fetus, or to save the life of the mother.  For the purpose of this Section, an "unborn child" means the "fetus", or the individual human life in existence and developing from fertilization until birth.

     (2)  Offense.  It is unlawful for a person to perform, or cause to perform, abortion.

     (3)  Penalty.  A person who violates Subsection (2) of this Section 418, shall be punished by imprisonment for not more than nine 9 years. For the purpose of this Subsection, a  "person" means a medical doctor, the mother herself, or an individual person who performed or caused to perform the abortion.

Source:  CSL 191-26, 1 (418), modified.

      2069.  Attempting to interfere with the impeachment process by threatening, attempting to intimidate, or injuring a person associated with a Court of Impeachment.

     (1 a)  It is unlawful to attempt to influence or interfere with the adoption of articles of impeachment, the operation of a court of impeachment, or in any other way the impeachment process, either directly or indirectly, by threatening, intimidating or attempting to injure any person associated with the impeachment process.

     (2 b)  In this Section, "person associated with the impeachment process" means any member or employee of the Chuuk State Legislature while the House of Representatives is considering the adoption of articles of impeachment or the Senate is acting as a court of impeachment; any of the parties to an impeachment trial; any legal counsel or investigators involved in or in any way associated with an impeachment trial; any employee or official of a court of impeachment; or any witness or potential witness in an investigation by the House of Representatives concerning proposed articles of impeachment, or an impeachment trial.

     (3 c)  Penalties.  A person who violates this Section shall upon conviction be punished by imprisonment for not less than one year and not more than five (5) years, or fined not less than $10,000 and not more than $100,000, or both.

Source:  CSL 2-94-28, 10 (419).