YSC, Title 11.  Crimes & Punishment

 
DIVISION 1:  YAP PENAL CODE

Chapter 1:  General Provisions

101.   Short title.
102.   Applicability to offenses.
103.   Purpose.
104.   Classification of crimes.
105.   "Principal" defined.
106.   Accessories.
107.   Conspiracy.
108.   Attempts.
109.   Insanity as defense.
110.   Presumption as to responsibility of children.
111.   Limitation of prosecution.
112.   Rewards to informants.
113.   Severability.

     101.  Short title.
     Chapters 1 through 11 of this title shall be known and may be cited as the "Yap Penal Code" which shall take effect on December 12, 1988.

Source:  YSL 2-48 2, modified.

Commission Comment:  YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.  However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of this chapter).

     102.  Applicability to offenses.
     This division applies to all offenses committed on or after the effective date. Prosecutions for offenses committed before the effective date are governed by the prior law, which is continued in effect for that purpose.  For the purposes of this section, an offense is committed before the effective date if any of the elements of the offense occurred before that date.

Source:  YSL 2-48 2, modified.

Commission Comment:  Reference to "This Code . . " in the first sentence of this section is revised to "This division" to refer to Division 1:  Yap Penal Code.  This revision is made for clarity, so that reference to "This Code . . ." is not confused with reference to the entire Yap State Code.  This division was signed into law on October 7, 1988.

     103.  Purpose.
     The purpose of this Penal Code is to define State crimes and prescribe penalties, having due regard for local custom and tradition, in a manner consistent with section 2(p) of Article IX of the Constitution of the Federated State of Micronesia, on major crimes, and chapter 9, on Major Crimes, of the National Criminal Code of the Federated States of Micronesia.

Source:  YSL 2-48 2.

Cross-reference:  Article IX, Section 2(p) of the Constitution of the Federated States of Micronesia states in pertinent part:
 
     "Section 2.  The following powers are expressly delegated to Congress:
 
     (p)  to define major crimes and prescribe penalties, having due regard for local custom and tradition; and".

The statutory provisions regarding Traditional Leaders and Traditions are found in Title 5 of this Code.

Commission Comment:  YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.  However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of this chapter).

     104.  Classification of crimes.
     A felony is a crime or offense which may be punishable by imprisonment for a period of more than one year.  Every other crime is a misdemeanor.

Source:  YSL 2-48 2.

     105.  "Principal" defined.
     Every person is punishable as a principal who commits an offense against the State or aids, abets, counsels, commands, induces, or procures its commission or who causes an act to be done, which, if directly performed by him would be an offense against the State.  No distinction is made between principals in the first and second degrees, and no distinction is made between a principal and what has heretofore been called an accessory before the fact.

Source:  YSL 2-48 2.

     106.  Accessories.
     Every person who, knowing that an offense against the State has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment, is an accessory after the fact.  An accessory after the fact shall be imprisoned not more than one-half of the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for punishment of the principal, or both; or if the principal is punished by life imprisonment, the accessory shall be imprisoned not more than ten years.

Source:  YSL 2-48 2, as amended by YSL 3-22 1.

     107.  Conspiracy.
     If two or more persons conspire either to commit any crime, or to defraud the State in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be guilty of conspiracy, and upon conviction thereof shall be punished as follows:

     (a)  By imprisonment for not more than ten years if the maximum sentence provided for the offense which was the object of the conspiracy is life imprisonment; or

     (b)  By imprisonment for not more than one-half the maximum sentence which is provided for the most serious offense which was the object of the conspiracy if the maximum is less than life imprisonment.

Source:  YSL 2-48 2, as amended by YSL 3-22 2.

     108.  Attempts.
     Every person who shall unlawfully attempt to commit any crime which attempt shall fall short of actual commission of the crime itself, shall be guilty of attempt to commit the said crime, and where no separate provision is made by law for punishment upon conviction of such attempt, a person so convicted shall be punished by imprisonment for a term not exceeding one-half of the maximum term of imprisonment of the offense attempted, or by a fine in an amount not exceeding one-half of the fine which may lawfully be imposed upon conviction for commission of the offense attempted, or by both such fine and imprisonment.

Source:  YSL 2-48 2.

     109.  Insanity as defense.
     No person judged to be insane can be convicted of any crime because of the presumption that such person cannot have criminal intent.

Source:  YSL 2-48 2.

     110.  Presumption as to responsibility of children.
     Children under the age of ten are conclusively presumed to be incapable of committing any crime.  Children between the ages of ten and 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 eighteen years of age as a delinquent child.

Source:  YSL 2-48 2.

     111.  Limitation of prosecution.
     No person shall be prosecuted, tried or punished for any crime, except the crimes of murder and manslaughter, unless the prosecution is commenced within three years next after such crime shall have been committed; provided, however, that nothing in this section shall bar any prosecution against any person who shall flee from justice, or absent himself from the State, or so secrete himself that he cannot be found by the officers of the law, so that process cannot be served upon him.

Source:  YSL 2-48 2, as amended by YSL 3-22 3.

Cross-reference:  The constitutional provision on the rights of the accused is found in Yap Const., Art. II, Sect. 5.  That section states:  "In all criminal prosecutions,  the accused shall enjoy the right to a speedy public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the effective assistance of counsel for his defense."

     112.  Rewards to informants.

     (a)  The Attorney General may offer rewards, up to $1,000.00 per criminal investigation, for information relating to a crime.  Any reward payment must be substantiated by an affidavit filed by the officer involved in the investigation. Payments of rewards shall be made from funds available in the Informant Reward Fund or, if no funds are available in the Informant Reward Fund, to the Division of Public Safety.

     (b)  There is created a fund to be known as the Informant Reward Fund, herein referred to as the "Fund".

     (c)  The Fund shall be funded by legislative appropriations from the General Fund of the State of Yap.

     (d)  The sums appropriated to the Fund shall be accounted for in accordance with the provisions of applicable law, including, but not limited to, the State Financial Management Act of 1983, as amended.

     (e)  The sums appropriated to the Fund shall be allotted to the Attorney General who shall be responsible for ensuring such funds are used only for the purpose specified in subsection (a) of this section and that no obligations are incurred in excess of the sum appropriated.  The sum appropriated shall not revert to the General Fund of the State of Yap.
 
     (f)  The Attorney General shall file reports with the Legislature not later than July 9 and October 9 of each year, showing the status of funds appropriated to the Fund, the amount of money in the Fund, and an itemized statement of all payments made from the Fund.

Source:  YSL 2-48 2, as amended by YSL 3-71 1 and YSL 5-14 1, modified.

Cross-reference:  The statutory provisions designating the composition and responsibilities of the Office of the Attorney General, that include the Division of Public Safety, are set forth in sections 128 and 174 of Title 3 (Executive) of this Code.

     113.  Severability.
     If any provision of this division, or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this division are severable.

Source:  YSL 2-48 2, modified.

Commission Comment:  YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.  However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of this chapter).

                                                                                                                                                                                                                                                                                                           
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