Cite as Kosrae v. Tilfas,13 FSM Intrm. 501 (Kos. S. Ct. Tr. 2005)

[13 FSM Intrm. 501]

CRIMINAL CASE NO. 76-05

Trial: October 19, 2005
Decided: November 4, 2005

APPEARANCES:

[13 FSM Intrm. 502]

HEADNOTES

Criminal Law and Procedure – Disturbing the Peace

Since the words "ulensumon" are so offensive such that they would unreasonably disturb a reasonable female and are so offensive such that they would provoke an immediate violent reaction in a reasonable female, a defendant who willfully stated the subject words "ulensumon" to a female complainant will be found guilty and convicted of the offenses of disturbing the peace and of offensive behavior in a public place. Kosrae v. Tilfas, 13 FSM Intrm. 501, 502-03 (Kos. S. Ct. Tr. 2005).

COURT'S OPINION

YOSIWO P. GEORGE, Chief Justice:

This matter was called for trial on October 19, 2005. Paliknoa Welly, State Prosecutor, appeared for the State. Defendant was represented by Albert Welly. The following witness testified at the trial: Complainant Shirleyann Weilbacher Norita and Defendant Ludwig Tilfas.

The Defendant was tried upon the two Counts set forth in the Information: Disturbing the Peace, in violation of Kosrae State Code, Section 13.503 and Offensive Behavior in a Public Place, in violation of Kosrae State Code, Section 13.508(2). After the trial, I took the matter under advisement.

Based upon the evidence presented at trial, I found that the Plaintiff had proved beyond a reasonable doubt that the Defendant had committed both of the charged offenses. This Judgment of Conviction and Sentencing Order sets forth my findings of facts, and reasoning.

I. FINDINGS OF FACTS.

Based upon the evidence presented at the trial, I found the following facts. On May 10, 2005, the Defendant met up with the complainant Ms. Norita, on the public road at Isra, Utwe Municipality. The Defendant testified that he stated the following words to the complainant in the Pohnpeian language: "ulensumon." ("your father's penis"). These words provoked an immediate reaction by the complainant, who became very upset and distressed at the Defendant's words.

II. CONCLUSIONS OF LAW.

The Defendant was tried on the two counts provided in the Information: Disturbing the Peace, in violation of Kosrae State Code, Section 13.503 and Offensive Behavior in a Public Place, in violation of Kosrae State Code, Section 13.508(2).

I find that based upon the evidence presented at trial, the State did prove beyond a reasonable doubt all the elements of both charged criminal offenses.

I find that the Defendant, through his own admission, did willfully state the subject words "ulensumon" to the complainant, which then unreasonably disturbed her, so that she was deprived of peace and quiet. The words "ulensumon" are so offensive such that they would unreasonably disturb a reasonable female. Defendant is found guilty and convicted of the offense of Disturbing the Peace, in violation of Section 13.503.

I also find that the Defendant, through his own admission, did use words in public place which

[13 FSM Intrm. 503]

are calculated to provoke an immediate violent reaction. The words "ulensumon" are so offensive such that they would provoke an immediate violent reaction in a reasonable female. Defendant is found guilty and convicted of the offense of Offensive behavior in a public place, in violation of Kosrae State Code, Section 13.508.

III. JUDGMENT OF CONVICTION

Defendant is found guilty and convicted on Counts One and Two of the Information.