Chapter 5: Offenses Against
Government Administration
§501.
Definitions.
§502.
Bribery.
§503.
Threats to influence official matters.
§504.
Retaliation for past official action.
§505.
Improper compensation.
§506.
Acts affecting personal financial interest.
§507.
Possession or removal of government property.
§508.
Misconduct in public office.
For the purposes of this division, the following terms shall have the meaning indicated below:
(a) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is interested;
(b) "Government" means any branch, department, office, division, board, commission, committee, or authority of the Government of the State of Yap, or any municipality or locality within it;
(c) "Harm" means loss, disadvantage or injury or anything so regarded by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.
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Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act.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).
Every person who shall voluntarily offer or receive any benefit as consideration to influence an official act to be done or not done, shall be guilty of bribery, and upon conviction thereof shall be imprisoned for a period of not more than three years, and fined three times the value of the benefit offered or received, or both. If the value of the benefit cannot be determined in dollars, the fine shall be not more than $5,000.00.
Source: YSL 2-48 §2, modified.
Every person who threatens harm to any person employed by the government with purpose to influence him in the exercise of his official duties, shall be guilty of threats to influence official matters, and upon conviction thereof shall be imprisoned for not more than three years, or fined not more than $5,000.00, or both.
Source: YSL 2-48 §2, modified.
Every person who harms another by any unlawful act in retaliation for anything lawfully done by the latter in his capacity as public servant, shall be guilty of retaliation for past official action, 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.
Every person employed by the government who solicits, accepts, or agrees to accept compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise, shall be guilty of improper compensation, 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.
Every person who in his official capacity participates personally and substantially in any matter in which, to his knowledge, he, his spouse or children, close relative, partner, organization in which he is serving as officer, director, trustee, partner, or employee, has a financial interest, shall be guilty of engaging in acts affecting personal financial interest, 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.
It shall be unlawful for any person without proper authority to have in his possession or remove from its location any property of any kind, wherever situated, of the State Government, its political subdivisions or municipal governments. Any person convicted of a violation of this section shall be fined not more than $100.00, or imprisoned not more than six months, or both.
Source: YSL 2-48 §2, modified.
Cross-reference: The statutory provisions on Public
Property, Purchasing and Contracts are found in Title 9 of this Code.
The statutory provisions on Legislature property are found in
chapter 2 of Title 9 of this Code.
Every person who, being a public official, shall do any illegal acts under the color of office, or willingly neglect to perform the duties of his office as provided by law, shall be guilty of misconduct in public office, 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.
Cross-reference: The constitutional provisions on the Legislature are found in Yap Const., Art. V. The statutory provisions on the Legislature are found in Title 2 of this Code. The constitutional provisions on the Executive are found in Yap Const., Art. VI. The statutory provisions on the Executive are found in Title 3 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 chapter 1 of this division).