KSC, TITLE 13. OFFENSES & PENALTIES
Chapter 6. Offenses Against Government
Section 13.601. Interfering with service of process.
Interfering with service of process is
knowingly and wilfully obstructing, resisting, or opposing a person authorized
by law to serve process in serving or executing, or attempting to serve or
execute a process issued by a court or official authorized to issue the same.
Interfering with service of process is a category three
Section 13.602. Concealing, removing or altering record or
Concealing, removing or altering record or
process is wilfully concealing, removing, taking away, mutilating, obliterating,
altering, or destroying record or process in or from a court or the Legislature
or an official authorized to issue or serve the same. Concealing, removing
or altering of record or process is a category three felony.
Bribery is voluntarily giving or receiving
anything of value in wrongful and corrupt payment for a government act done or
not done, to be done or not to be done. Bribery is a category one felony
provided also that persons convicted under this section are fined at least three
times the value of any payment received.
Section 13.604. Contempt of Court.
Contempt of Court is intentionally obstructing Court proceedings or Court operations directly related to the administration of justice or intentionally disobeying or resisting a writ, process, order, rule, decree or command of the
Court. Contempt of Court is a category three misdemeanor.
Section 13.605. Counterfeiting.
(1) With intent to defraud, falsely making, forging, photographing, counterfeiting or altering a currency of any country.
(2) With intent to defraud, passing, uttering, publishing, or selling, or attempting to pass, utter, publish, or sell, or with like intent bringing into the State or keeping in possession or concealing any falsely made, forged, photographed, counterfeited or altered currency of any country.
(3) Knowingly buying, selling, exchanging, transferring, receiving, or delivering any false, forged, photographed, counterfeited or altered currency of any country, with the intent that the same be passed, published, or used as true and genuine. Counterfeiting is a category one felony.
Escape is being a law enforcement officer,
or having lawful custody of a prisoner and wilfully or negligently allowing the
prisoner to depart from such custody, except by due process of law, or being a
prisoner and wilfully departing from such custody. Escape is a category
Rescue is knowingly, forcibly and wilfully
rescuing a prisoner from the custody of any person lawfully having custody of
the prisoner. Rescue is a category three felony.
Forgery is falsely making or materially
altering a writing or document of apparent legal weight and authenticity, with
intent to defraud. Forgery is a category one felony.
Section 13.609. Insulting a police officer.
(1) Insulting a police officer is maliciously, and with intent to ridicule or humiliate, directing to a police officer while on duty and in uniform the expression "lufun kiom". The offense includes using the expression or a substantial equivalent:
(a) in any language, or
(b) in an abbreviated form or altered form having substantially the same meaning as the expression.
Insulting a police officer is a category three misdemeanor.
Section 13.610. Misconduct in public office.
Misconduct in public office is being a
public official or public employee, and doing an illegal act under the color of
office, or wilfully neglecting to perform the duties of the office as provided
by law. Misconduct in public office is a category one
Section 13.611. Obstructing justice.
Obstructing justice is resisting or
interfering with a police officer in the lawful pursuit of his duties, or
tampering with, paying or intimidating witnesses or attempting to prevent their
attendance at trials. This section does not prohibit paying witness fees
required or permitted by law, including expert witness fees, or reimbursing
witnesses for the actual cost of their attendance. Obstructing justice is
a category one misdemeanor.
Perjury is taking an oath or any legal
substitute that one will testify, declare, depose, or certify truly, or that any
written testimony, deposition, or certificate subscribed by him is true, before
a competent tribunal, officer, or person, in any case in which a law of the
State authorizes an oath or any legal substitute to be administered, and
wilfully and contrary to such oath or legal substitute, stating or subscribing
to any material which he does not believe to be true. Perjury is a
category one felony.
Section 13.613. Failing to
respond to examination of hovering vessel.
Failing to respond to examination of
hovering vessel is being the master or a person having charge of the vessel and
failing to comply with the Government's lawful directions or failing to answer
truly questions posed by the Government regarding the vessel. Failing to
respond to examination of hovering vessel is a category one
Section 13.614. Failing to report wound, death or child
Failing to report wound,
or death or child abuse is failing to perform the
following affirmative duty:
(1) One who gains knowledge of a death or injury resulting from a knife wound, bullet wound, or powder burn, or wound inflicted in a suspicious or unusual manner or under conditions suggesting poisoning or violence, or knowledge of child abuse, as defined in Section 16.1201, makes a full disclosure of his knowledge to the Police. Failing to report a wound, death or child abuse is a category three misdemeanor.
Section 13.615. Possessing
or removing Government property.
Possessing or removing Government property
is possessing without authorization or removing from its location without
authorization any property of any kind, wherever situated, of the Government.
Possessing or removing Government property is a category one
Section 13.616. Theft of
Theft of electricity is wilfully or
knowingly and with intent to defraud, making a connection to electric lines
without Government authorization or, knowingly and with like intent, injuring,
altering, using an electric meter, or obstructing its working, or using an
electric meter or appliance so tampered with or injured. Theft of
electricity is a category one misdemeanor.
Section 13.617. Tax evasion.
Tax evasion is knowingly or wilfully evading the payment of tax assessed pursuant to Part I of Title 9 or obstructing the assessment or collection of taxes by failing to perform any affirmative reporting requirement or other affirmative duty imposed by Part I of Title 9 or by misrepresenting or misreporting in the
course of any such reporting. Tax evasion is a category one felony.
Section 13.618. Tampering with boundary markers.
Tampering with boundary markers is wilfully
and maliciously defacing or removing any marker, monument or reference point
which marks if erected by (1) a licensed surveyor, (2) a private individual
pursuant to Chapter 6 of Title 11, (3) agreement between adjacent landowners,
except that this subsection applies only to persons who own no interest in any
land to which such marker, monument, or reference point pertains, or (4) any
agency of the Government. Tampering with boundary markers is a category three
Section 13.619. Unauthorized practice.
Unauthorized practice is holding oneself
out to the public as a teacher, medical doctor, dentist, notary public, land
surveyor psychiatrist, psychologist, engineer, trial counselor or attorney
without having first obtained a license, or certificate required by State law to
engage in the practice. Unauthorized practice is a category two
Section 13.620. Failing to compel school attendance.
Failing to compel school attendance is
being a parent, guardian or other person having the responsibility for or care
of a child between the ages of six and fourteen inclusive and permitting that
child to be absent from school without good cause and in violation of applicable
school regulations. Failing to compel school attendance is a category
Section 13.621. Violating
Violating extradition procedures is having
taken custody of an accused pursuant to a warrant of arrest in an extradition
matter and delivering the accused to the agent of the requesting jurisdiction
before full compliance with the judicial procedures of Chapter 12 of Title 1.
Violating extradition procedures is a category two
Section 13.622. Violating
Violating quarantine is bringing or sending
into the State an animal or plant and failing to disclose and make them
available for inspection by authorized agents of the State. Violating
quarantine is a category two misdemeanor.
Section 13.623. Violating public health standards.
Section 13.624. Contempt of Legislature.
Contempt of Legislature is wilfully failing
to obey any lawful order issued by the Speaker, or chairmen of standing
committees which is made to enforce the Legislature rules of procedure.
Contempt of legislature is a category three misdemeanor.
Section 13.625. Misusing Government seal.
Misusing Government seal is using or
displaying the official seal of the Legislature or any official seal of the
Executive or Judiciary without authorization from the Speaker in the case of the
Legislature seal, the Governor in the case of the Executive seal or the Chief
Justice in the case of the Judicial seal. Misusing Government seal Is a
category three misdemeanor.
Section 13.626. Unauthorized election activity.
Unauthorized election activity is any of
the following acts:
(1) voting or attempting to vote more than once;
(2) disrupting or interfering with orderly process of an election;
(3) using force or emotional distress to restrain or intimidate any person's free exercise of the right to vote;
(4) being an official or employee of the Government and utilizing any materials, equipment or facilities of the Government to promote in any way a candidate for public office, except as authorized by Section 3.1102;
(5) being a candidate or acting on behalf of a candidate and exchanging or giving away money, food or other goods with the intent to influence the voting of any person;
(6) being a voter and accepting money, food or other goods with the intent to deliver one's vote to the candidate sponsoring the gift;
(7) exhibiting campaign materials or campaigning in any way within one hundred feet of any polling place on the day of any election;
(8) willfully and knowingly printing, copying, imitating or distributing, a document that is so substantially similar in style or content to the official ballot that confusion is likely to result; or
(9) distribution of food on the road side by or on behalf of a candidate to voters on election day.
Unauthorized election activity is a category one misdemeanor.
S.L. 7-88 amended former subsection (5), splitting it
into subsections (5) and (6) and added subsection (9).
Section 13.627. Fiscal malfeasance.
Fiscal malfeasance is being a Government
official, officer or employee and:
(1) making or receiving an allotment, or making or authorizing an expenditure or creating or authorizing an obligation pursuant to any appropriation, apportionment, reapportionment, or allotment of Government funds:
(a) in excess of the sum available by law;
(b) in advance of the availability of funds;
(c) for purposes other than those for which an appropriation or allotment has been made;
(d) in excess of reprogramming authority granted by law; or
(2) Being the Director of the Department of Administration and Finance and knowing of a violation of this section and failing to immediately report to the Governor, to the Speaker, and to the Attorney General, all pertinent facts together with a statement of the action taken or proposed to be taken by the Director, except that the Director shall be under no such reporting obligation with respect to the use or proposed use of funds withdrawn from the Legislative Operations Fund by the allottee or other authorized person. Fiscal malfeasance is a category one felony.
Amended by State Law 5-41 and further amended by
State Law 7-1.
Section 13.628. Unlawful Importation of Empty Aluminum Beverage
Unlawful importation of empty aluminum beverage container is the importation of an empty beverage container upon which no Kosrae State recycling deposit is paid, for the purpose of obtaining money from the Recycling Fund created in Title 10, Section 10.205. Unlawful importation
of empty aluminum beverage container is a category one
Added by State Law 5-15.
Section 13.628. Failure to cooperate with the State Public Auditor.
Failure to cooperate with the State Public
Auditor is failure to comply with the lawful request of the State Public Auditor
to provide information requested in connection with his statutory functions by
failure to appear in response to a lawfully issued subpoena, and by failure to
produce any documents, books, and other papers requested by the State Public
Auditor in a lawfully issued subpoena duces tecum. Failure to cooperate
with the State Public Auditor is a category three misdemeanor.
Added by State Law 7-50.
Section 13.629. Interfering with authorized officers or
Interfering with authorized officers or
observers is any act in violation of Section 19.427. Interfering with
authorized officers or observers is a category one misdemeanor.
Added by State Law 7-99.
Section 13.630. Failing to provide information and
Failing to provide information and
documentation is any act in violation of Section 19.428. Failing to
provide information and documentation is a category one
Added by State Law 7-99.
Section 13.631. Destruction of evidence.
Destruction of evidence is any act in
violation of Section 19.429. Destruction of evidence is a category one