§ 514. Official oppression.
§ 515. Speculating o r wagering on official action or information.
§ 516. Bribery in official and political matters.
§ 517. Threats and other improper influence in official and political matters.
§ 518. Retaliation for past official action.
§ 519. Gifts to public servants by persons subject to their jurisdiction.
§ 520. Compensating public servant for assisting private interests in relation to matters before him.
§ 521. Selling political endorsement; Special influence.
Editor's note: Former chapter 5 of this title on Offenses Against Public Administration was repealed in its entirety by PL 11-72 § 1. This new chapter 5 was enacted by PL 11-72 § 30 and is part of the Revised Criminal Code Act.
§ 514. Official oppression.
(1) A person acting or purporting to act in an official capacity on behalf of the Federated States of Micronesia, or taking advantage of such actual or purported capacity, commits a crime if, knowing that his or her conduct is illegal, he or she:
(a) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights; or
(b) denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity.
(2) A person convicted under this section shall be imprisoned for not more than ten years, and shall be disqualified from holding any position in the National Government.
Source: PL 11-72 § 47.
Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.
The website of the FSM National Government contains announcements, press releases, news, forms, and other information on the National Government at http://fsmgov.org.
The FSM Supreme Court website contains court decisions, rules, calendar, and other information of the court, the Constitution, the code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.
The official website of the Congress of the Federated States of Micronesia contains the public laws enacted by the Congress, sessions, committee hearings, rules, and other Congressional information at http://www.fsmcongress.fm/.
§ 515. Speculating or wagering on official action or information.
(1) A public official commits a crime if, in contemplation of official action by himself or herself, or by a governmental unit with which he or she is associated, or in reliance on information to which he or she has access in his or her official capacity and which has not been made public, he or she:
(a) acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action;
(b) speculates or wagers on the basis of such information or official action; or
(c) aids another to do any of the foregoing.
(2) A person convicted under this section shall be imprisoned for not more than ten years, and shall be disqualified from holding any position in the National Government.
Source: PL 11-72 § 48.
§ 516. Bribery in official and political matters.
(1) A person commits the crime of bribery if he or she offers, confers, or agrees to confer upon another, or solicits, accepts, or agrees to accept from another:
(a) any pecuniary benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public official, or as a voter in any election, referendum, or plebiscite of the Federated States of Micronesia;
(b) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion as a public official in a judicial or administrative proceeding; or
(c) any benefit as consideration for a violation of a known legal duty as a public official.
(2) For the purpose of this section, "public servant" or " public official" includes, in addition to those persons who are defined as such under section 104 of this title, persons who have been elected, appointed, hired or designated to become a public official although not yet occupying that position.
(3) A person convicted under this section shall be imprisoned for not more than ten years, and shall be disqualified from holding any position in the National Government.
Source: PL 11-72 § 49.
§ 517. Threats and other improper influence in official and political matters.
(1) A person commits a crime if he or she:
(a) threatens unlawful harm to any person with purpose to influence his or her decision, opinion, recommendation, vote, or other exercise of discretion as a public official, or a voter in any election, referendum, or plebiscite of the Federated States of Micronesia;
(b) threatens harm to any public official with purpose to influence his or her decision, opinion, recommendation, vote, or other exercise of discretion in a judicial or administrative proceeding;
(c) threatens harm to any public official with purpose to influence him or her to violate his or her known legal duty; or
(d) privately addresses to any public official who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument, or other communication with the purpose to influence the outcome on the basis of considerations other than those authorized by law.
(2) It is no defense to prosecution under this section that a person whom the defendant sought to influence was not qualified to act in the desired way, whether because he or she had not yet assumed office, or lacked jurisdiction, or for any other reason.
(3) A person convicted under this section shall be punished:
(a) by imprisonment for not more than ten years if the defendant threatened to commit a crime or made a threat with the purpose to influence a judicial or administrative proceeding;
(b) otherwise, by imprisonment for not more than five years.
Source: PL 11-72 § 50.
Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.
§ 518. Retaliation for past official action.
(1) A person commits a crime if he or she harms another by any unlawful act in retaliation for anything lawfully done by the latter in the capacity of public official.
(2) A person convicted under this section shall be imprisoned for not more than ten years.
Source: PL 11-72 § 51
.
§ 519. Gifts to public servants by persons subject to their jurisdiction.
(1) A public official in any department or agency exercising regulatory functions, or conducting inspections or investigations, or carrying on civil or criminal litigation on behalf of the Government, or having custody of prisoners, commits a crime if he or she solicits, accepts, or agrees to accept any pecuniary benefit from a person known to be subject to such regulation, inspection, investigation, or custody, or against whom such litigation is known to be pending or contemplated.
(2) A public official having any discretionary function to perform in connection with contracts, purchases, payments, claims, or other pecuniary transactions of the Government commits a crime if he or she solicits, accepts, or agrees to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any such contract, purchase, payment, claim, or transaction.
(3) A public official having judicial or administrative authority or employed by or in a court or other tribunal having such authority, or participating in the enforcement of its decisions, commits a crime if he or she solicits, accepts, or agrees to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before such public official or a tribunal with which he or she is associated.
(4) A public official who is a member of the Congress of the Federated States of Micronesia, or who is employed by the Congress or by any committee or agency thereof, commits a crime if he or she solicits, accepts, or agrees to accept any pecuniary benefit from any person known to be interested in a bill, transaction, or proceeding, pending or contemplated, before the Congress or any committee or agency thereof.
(5) This section shall not apply to:
(a) fees prescribed by law to be received by a public official or any other benefit for which the recipient gives legitimate consideration or to which he or she is otherwise legally entitled;
(b) gifts or other benefits conferred on account of custom, tradition, kinship, or other personal, professional, or business relationship independent of the official status of the receiver; or
(c) trivial benefits incidental to personal, professional, or business contacts and involving no substantial risk of undermining official impartiality.
(6) A person commits a crime if he or she knowingly confers, or offers, or agrees to confer, any benefit prohibited in this section.
(7) A person convicted under this section shall be imprisoned for not more than ten years.
Source: PL 11-72 § 52.
Cross-reference: The statutory provisions on the Legislative and the FSM Congress are found in title 3 of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code.
§ 520. Compensating public officials for assisting private interests in relation to matters before him.
(1) A public official commits a crime if he or she 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 or she knows that he or she has or is likely to have an official discretion to exercise.
(2) A person commits a crime if he or she pays or offers or agrees to pay compensation to a public official with knowledge that acceptance by the public official is unlawful.
(3) A person convicted under this section shall be imprisoned for not more than ten years.
Source: PL 11-72 § 53.
§ 521. Selling political endorsement; special influence.
(1) A person commits a crime if he or she solicits, receives, agrees to receive, or agrees that any other person shall receive any pecuniary benefit as consideration for approval or disapproval of an appointment or advancement in public service, or for approval or disapproval of any person or transaction for any benefit conferred by an official or agency of the Government. “Approval" includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence. "Disapproval" includes failure to approve, or any other manifestation of disfavor or nonacquiescence.
(2) A person commits a crime if he or she solicits, receives, or agrees to receive any pecuniary benefit as consideration for exerting special influence upon a public servant or procuring another to do so. "Special influence" means power to influence through kinship, friendship, or other relationship, apart from the merits of the transaction.
(3) A person commits a crime if he or she offers, confers, or agrees to confer any pecuniary benefit receipt of which is prohibited by this section.
(4) A person convicted under this section shall be imprisoned for not more than ten years, and shall be disqualified from holding any position of honor or trust in the National Government.