YSC, Title 11.  Crimes & Punishment

 
 
Chapter 3:  Offenses
Against Property Rights

301.   Definitions.
302.   Burglary.
303.   Robbery.
304.   Larceny from a dwelling house.
305.   Arson.
306.   Malicious mischief.
307.   Trespass.
308.   Petit larceny.
309.   Grand larceny.
310.   Cheating.
311.   Embezzlement.
312.   Extortion.
313.   Theft of property lost, mislaid, or delivered by mistake.
314.   Receiving stolen goods.
315.   Theft of services.
316.   Theft by failure to make required disposition of funds received.
317.   Unauthorized use of vehicle.
318.   Forgery.
319.   Uttering a false document.
320.   Possession of forged writing or false document.
321.   Obtaining signature by deception.
322.   Fraudulent destruction, removal, or concealment of recorded instruments.
323.   Tampering with records.
324.   Unlawful issuance of bank checks or drafts.
[325. - 329.  Vacant]
330.   Littering.

     301.  Definitions.
     For the purposes of this chapter, the following terms shall have the meaning indicated below:

     (a)  "Building" means any structure;

     (b)  "Control of property" means the exercise of dominion over the property and includes, but is not limited to, taking, carrying away, or possessing the property, or selling, conveying, transferring title to or an interest in the property;

     (c)  "Dwelling" means a building which is used or usually used by a person for lodging;

     (d)  "Premises" means any building and any real property;

     (e)  "Property" means anything of value, including real estate, tangible and intangible personal property, contract right, choses-in action, electric or other power, or other article of value of any kind;

     (f)  "Property of another" means property which any person, other than the defendant, has possession of or any other interest in;

     (g)  "Biodegradable items" means items which are natural, and which would easily decompose by bacterial action;
 
     (h)  "Non-biodegradable items" means items which may not decompose by bacterial action;
 
     (i)  "Public road, street" means any road or street accessible to the public and which road or street was constructed by and is maintained by the State Government.

Source:  YSL 2-48 2, as amended by YSL 3-74, 1, modified.

     302.  Burglary.
     Every person who enters a building or occupied structure with purpose to commit any felony, assault, or larceny therein, unless at the time the premises are open to the public or the defendant is licensed or privileged to enter, shall be guilty of burglary, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both.

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 chapter 1 of this division).

     303.  Robbery.
     Every person who, in the course of committing a theft, inflicts serious bodily injury upon another or threatens another with or purposely puts him in fear of immediate serious bodily injury, shall be guilty of robbery, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both.

Source:  YSL 2-48 2, modified.

     304.  Larceny from a dwelling house.
     Every person who shall unlawfully steal, take and carry away the personal property of another, from his or another's dwelling house, without the owner's knowledge or consent, and with the intent to permanently deprive the owner of its use, shall be guilty of larceny from a dwelling house, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 9, modified.

     305.  Arson.
     Every person who, without a duly issued permit, intentionally, knowingly, or recklessly sets fire to or burns any office, warehouse, store, barn, shed, boat, canoe, lumber, copra, or any building or shelter, crop, shrub, grass, timber, or other property, except when the property is his own, or who, without a duly issued permit, intentionally or knowingly sets fire to or burns his own property for the purpose of collecting insurance for such loss, shall be guilty of arson, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 10, modified.

     306.  Malicious mischief.
     Every person who shall unlawfully destroy, damage, or otherwise injure property belonging to another, including the property of the State or a municipality thereof shall be guilty of malicious mischief, and upon conviction thereof shall be imprisoned for not more than six months, or fined not more than $500.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-74 2, modified.

Cross-reference:  The constitutional provision on Local Government is found in Yap Const., Art. VIII, Sect. 1.  The statutory provisions on Local Government are found in Title 6 of this Code.

     307.  Trespass.
     Every person who shall unlawfully violate or interfere with the  peaceful use and possession of the dwelling house, premises, or property of another, whether by force or by stealth, shall be guilty of trespass, and upon conviction thereof shall be imprisoned for not more than six months, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, modified.

     308.  Petit larceny.
     Every person who shall unlawfully steal, take and carry away the personal property of another, of the value of less than $200.00, without the owner's knowledge or consent, and with the intent to permanently deprive the owner of its use, shall be guilty of petit larceny, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 11, 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 chapter 1 of this division).

     309.  Grand larceny.
     Every person who shall unlawfully steal, take and carry away the personal property of another, of the value of $200.00 or more without the owner's knowledge or consent, and with the intent to permanently deprive the owner of its use, shall be guilty of grand larceny, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 12, modified.

     310.  Cheating.
     Every person who shall unlawfully obtain the property, services or money of another by false pretenses, knowing the pretenses to be false, and with the intent thereby to permanently defraud the owner thereof, shall be guilty of cheating, and, if the value of the property thus obtained be $200.00 or more shall be imprisoned for a period of not more than five years, or fined not more than $1,000.00, or both; or if the value of the property thus obtained be less than $200.00, shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 13, modified.

     311.  Embezzlement.
     Every person who, after having lawfully obtained possession of the personal property of another, shall take and carry away said property without the owner's knowledge and consent, and with the intent to permanently deprive the owner of its use shall be guilty of embezzlement, and, if the value of said property be $200.00 or more, shall be imprisoned for a period of not more than five years, or fined not more than $1,000.00, or both; or if the value of the property thus obtained be less than $200.00, shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 14, modified.

     312.  Extortion.

     (a)  Every person who purposely obtains property of another by threatening to:

     (1)  Inflict bodily injury on anyone or commit any other criminal offense; or

     (2)  Accused anyone of a criminal offense; or

     (3)  Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business reputation; or

     (4)  Take or withhold action as an official, or cause an official to take or withhold action; or

     (5)  Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

shall be guilty of extortion, and upon conviction thereof shall be imprisoned for not more than five years, or fined not more than $1,000.00, or both.

     (b)  It is an affirmative defense to prosecution under (2), (3), or (4) in subsection (a) of this section that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action  was  honestly  claimed as restitution or indemnification for harm in the circumstances to which such accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.

Source:  YSL 2-48 2, modified.

     313.  Theft of property lost, mislaid, or delivered by mistake.
     Every person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with purpose to permanently deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 15, 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 chapter 1 of this division).

     314.  Receiving stolen goods.
     Every person who purposely receives, retains, or disposes of property of another, of less than $5,000.00 in value, knowing that it has been stolen, or believing that it probably has been stolen, unless the property is received, retained, or disposed with purpose to restore it to the owner, shall be guilty of receiving stolen property, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, modified.

     315.  Theft of services.
     Every person who purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service, or who, having control over the disposition of services of others to which he is not entitled knowingly diverts such services to his own benefit or to the benefit of another not entitled hereto, shall be guilty of theft of services, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, modified.

     316.  Theft by failure to make required disposition of funds received.
     Every person who purposely obtains property upon agreement, or subject to a known legal obligation, to make specified payment or other disposition, shall be guilty of theft if he deals with the property obtained as his own and fails to make their required payment or disposition, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, modified.

     317.  Unauthorized use of vehicle.
     Every person who operates another person's automobile, motorcycle, airplane, motorboat, or other motor propelled vehicle, without consent of the owner, shall be guilty of unauthorized use of a vehicle, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source:  YSL 2-48 2, modified.

     318.  Forgery.
     Every person who, with purpose to defraud or injure anyone, or with knowledge that he is  facilitating a fraud or injury to be perpetrated by anyone, alters any writing of another without his authority, or who falsely makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, shall be guilty of forgery, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both.

Source:  YSL 2-48 2, modified.

     319.  Uttering a false document.
     Every person who knowingly executes or utters a false instrument or document, with purpose that another person will rely upon the document, shall be guilty of uttering a false document, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     320.  Possession of forged writing or false document.
     Every person who possesses a forged writing or false document, knowing it to be forged or false, and fails to notify the Attorney General of the State of Yap within a reasonable time, shall be guilty of possession of a forged writing or false document, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, as amended by YSL 3-22 16, 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 chapter 1 of this division).

     321.  Obtaining signature by deception.
     Every person who, with intent to defraud, causes another person, by deception, to sign or execute a written instrument, shall be guilty of obtaining signature by deception, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     322.  Fraudulent destruction, removal, or concealment of recorded instruments.
     Every person who, with purpose to deceive anyone, destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording, shall be guilty of fraudulent destruction, removal, or concealment, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     323.  Tampering with records.
     Every person who, knowing that he has no privilege to do so, falsifies, destroys, removes or conceals any writing or record, with purpose to deceive or injure anyone or to conceal any wrongdoing, shall be guilty of tampering with records, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  YSL 2-48 2, modified.

     324.  Unlawful issuance of bank checks or drafts.

     (a)  Every person who, for the procurement of any article or thing of value, with intent to defraud, or for the payment of any past due obligation, or for any other purpose, with intent to deceive, makes, draws, utters or delivers any check, draft, or order for payment of money upon a bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment, shall be guilty of unlawful issuance of checks and, if the value of the property thus obtained be $200.00 or more, shall be imprisoned for a period of not more than three years, or fined not more than $1,000.00, or both; or if the value of the property thus obtained be less than $200.00, shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

     (b)  The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker  or drawer in the drawee's possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment.

     (c)  In this section, the word "credit" means an arrangement or an understanding expressed or implied, with the bank or other depository for the payment of that check, draft, or order.

Source:  YSL 2-48 2, as amended by YSL 3-22 17, modified.

      [325. - 329.  Vacant]

     330.  Littering.

     (a)  Any person who shall dump, throw, place, deposit or leave, or cause to be dumped, thrown, deposited or left any trash, refuse or rubbish of any kind or any object or substance which tends to pollute, mar or deface, into, upon or about:

               (1)  Any public road, street, park or other public place, except an area designated by the State as a public dumping ground;
 
               (2)  Any stream, watercourse, lagoon or other body of water within the island baselines; or 

               (3)  Any private property without the consent of the owner or occupant of such property;

shall be guilty of littering, and upon conviction thereof shall be subject to the penalties provided in subsections (c) and (d) of this section.

     (b)  Evidence that littering was committed from a moving  vehicle other than a moving vehicle carrying passengers for hire constitutes prima facie evidence that it was committed by  the operator of the vehicle.  For the purposes of this subsection "moving vehicle" includes any stationary or moving automobile, motorcycle, bicycle, boat, canoe or raft.

     (c)  Any person convicted under subsection (a) of this section for littering which involves non-biodegradable material shall be imprisoned for not less than two days nor more than six months, or fined not less than $25.00 nor more than $500.00, or both.

     (d)  Any person convicted under subsection (a) of this section for littering which involves biodegradable material shall be imprisoned for not less than one day nor more than six months, or fined not less than $15.00 nor more than $500.00, or both.

     (e)  In addition to the penalties provided in subsections (c) and (d) of this section, the court may require the performance of community service.  Such community service may include, but is not limited to, cleaning 2,000 square feet surrounding the area where the violation occurred.

     (f)  Any person who has been issued a citation for violating subsection (a) of this section may elect to settle the violation by paying a fine to the Clerk of Court within two weeks from the date of the citation as follows:

                     (1)  $150.00 for littering which involves non-biodegradable material; or
 
                     (2)  $50.00 for littering which involves biodegradable material. 

     (g)  There is created an account to be known as the "Clean-up Activities Account" , herein referred to as the "Account".  The Account shall be used to fund cleaning and beautification programs and activities organized by the Yap State Government.  The Director of Administrative Services, with the approval of the Governor, shall develop procedures for the disbursement of funds in the Account.  Fifty percent of any fine collected in accordance with this section shall be paid to the person, if any, who reported the littering offense to the police.  The remaining portion of any fine collected in accordance with this section shall be deposited into the Account.

     (h)  The penalties prescribed in this section are in addition to, and not in lieu of, any penalties, rights, remedies, duties or liabilities otherwise imposed or conferred by law.

Source:  YSL 3-74 3, repealed by YSL 5-22 1.  New 330 enacted by YSL 5-22 2, modified.
                                                                                                                                                                                                                                                                                                           
the issuance and sale of any of its shares or other securities, rights or options entitling the holders thereof to purchase from the corporation shares of any class or classes. Such rights or options shall be evidenced in such manner as the board of directors shall approve and, subject to the articles of incorporation, shall set forth the terms upon which, the time or times within which, and the price or prices at which such shares may be purchased from the corporation upon the exercise of any such right or option. If such rights or options are to be issued to directors, officers or employees as such of the corporation or of any subsidiary thereof, and not to the shareholders generally, their issuance shall be approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon or shall be authorized by and consistent with a plan approved or ratified by such a vote of shareholders. In the absence of fraud in the transaction, the judgment of the board of directors as to the adequacy of the consideration received for such rights or options shall be conclusive. The price or prices to be received for any shares having a par value, other than treasury shares to be issued upon the exercise of such rights or options, shall not be less than the par value thereof. Source: S.L. No. 3L-92-95 20, 4/18/95 1-121. Determination of amount of stated capital. ( (1) In case of the issuance by a corporation of shares having a par value, the consideration received therefor shall constitute stated capital to the extent of the par value of such shares, and the excess, if any, of such consideration shall constitute capital surplus. (2) In case of the issuance by a corporation of shares without par value, the entire consideration received therefor shall constitute stated capital unless the corporation shall determine as provided in this section that only a part thereof shall be stated capital. Within a period of 60 days after the issuance of any shares without par value, the board of directors may all