§ 611. Citation.
§ 612. Definition.
§ 613. Offense of human smuggling.
§ 614. Offense of aggravated human smuggling.
§ 615. Offense of human trafficking.
§ 616. Offense of trafficking in children.
§ 617. Offense of aggravated human trafficking.
§ 618. Offense of exploiting a trafficked person.
§ 619. Consent of trafficked or smuggled person irrelevant.
§ 620. Rights of victims.
§ 621. Scope of application.
§ 622. Offense relating to fraudulent travel or identity document.
§ 623. Obligation of commercial carriers.
Editor's note: Former chapter 6 of this title on Offenses Against Government Property (§§ 601-604) was repealed in its entirety by PL 11-72 § 1. This new chapter 6 was enacted by PL 11-72 § 65 and is part of the Revised Criminal Code Act.
A new subchapter I on General Offenses was created by PL 17-38 § 1 and a new subchapter II on Trafficking in Persons was created by PL 17-38 § 2.
This Act shall be known and may be cited as “Trafficking in Persons Act of 2012.”
Source: PL 17-38 § 3.
Editor's note: Former chapter 6 of this title on Offenses Against Government Property (§§ 601-604) was repealed in its entirety by PL 11-72 § 1.
The Trafficking in Persons Act of 2011 contained in PL 17-38 was signed into law on March 16, 2012, by President Emmanuel “Manny” Mori.
A new subchapter I on General Offenses was created by PL 17-38 § 1 and a new subchapter II on Trafficking in Persons was created by PL 17-38 § 2.
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/.
(1) “Child” means any person below the age of 18 at the time of the commission of an offense under this chapter.
(2) “Commercial carrier” means a legal or a natural person that engages in international or interstate transportation of goods or people for commercial gain.
(3) “Exploitation” means:
(a) the obtaining of financial or other material benefit from the prostitution of another person;
(b) the exaction of forced labor or services, or the obtaining of labor or services through deceit, fraud, or by means of a material misrepresentation;
(c) slavery or practices similar to slavery.
(4) “Forced labor or services” means work or services, the solicitation of financial or material benefits, or the donation of body parts or organs, exacted under the threat of any penalty and for which the person concerned has not offered himself or herself voluntarily. It does not include the performance of reasonable and lawful work or services by a child at the behest of a parent or legal guardian.
(5) “Practices similar to slavery” include debt bondage, serfdom, and forced marriage.
(6) “Prostitution” means illicit sexual services performed for financial or material benefit.
Source: PL 17-38 § 4.
Cross-reference: The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 of this code.
A person who knowingly or recklessly arranges or assists another person’s illegal entry into any country, including the Federated States of Micronesia, of which the other person is not a citizen and has no lawful right to enter shall be guilty of human smuggling, regardless of whether the smuggled person successfully arrives in the receiving country. Upon conviction, a person guilty of this offense shall be imprisoned for not more than ten years, or fined not less than $5,000 but not more than $20,000, or both.
A person who engages in human smuggling as defined under section 1303 of this chapter under circumstances in which the life or safety of smuggled person is, or is likely to be, endangered shall be guilty of aggravated human smuggling, regardless of whether the smuggled person successfully arrives in the receiving country. Upon conviction, a person guilty of this offense shall be imprisoned for not more than 15 years, or fined not less than $5,000 but not more than $25,000, or both.
A person who knowingly recruits, transports, transfers, harbors or receives another person for the purpose of exploitation, by threat, use of force, abduction, fraud, deception, abuse of power or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person shall be guilty of human trafficking. Upon conviction, a person guilty of this offense shall be imprisoned for not more than 15 years, or fined not less than $5,000 but not more than $25,000, or both.
A person who knowingly recruits, transports, transfers, harbors, or receives a child by any means for the purpose of exploitation shall be guilty of child trafficking. Upon conviction, a person guilty of this offense shall be imprisoned for not more than 30 years, or fined not less than $5,000 but not more than $50,000, or both.
A person who engages in human trafficking as defined under section 615 of this chapter or trafficking in children as defined in section 616 of this chapter shall be guilty of aggravated human trafficking if any of the following circumstances are present:
(1) the offense involves serious injury or death of the victim or another person;
(2) the offense involves a victim who is particularly vulnerable, including a pregnant woman;
(3) the offense exposed the victim to a life threatening illness, including HIV/AIDS;
(4) the victim is physically or mentally handicapped;
(5) the offense involves more than one victim;
(6) the crime was committed as part of the activity of an organized criminal group;
(7) drugs, medications or weapons were used in the commission of the crime;
(8) a child was adopted for the purpose of trafficking;
(9) the offender has been previously convicted for the same or similar offenses;
(10) the offender is a public official;
(11) the offender is a spouse or the conjugal partner of the victim;
(12) the offender is in a position of responsibility or trust in relation to the victim;
(13) the offender is in a position of authority concerning a child victim.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 30 years, or fined not less than $5,000 but not more than $50,000, or both.
Source: PL 17-38 § 9.
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.
A person who knowingly engages or participates in or profits from the exploitation of a trafficked person shall be guilty of an offense. Upon conviction, a person guilty of this offense shall be imprisoned for not more than ten years, or fined not less than $5,000 but not more than $20,000, or both.
Consent to the act or acts constituting an offense on the part of a smuggled person under sections 613 and 614 of this chapter, or a trafficked person under sections 616, 617, and 618 of this chapter, is not a legal defense.
(1) A trafficked person shall not be subject to criminal prosecution with respect to:
(a) the act of human trafficking;
(b) that person’s entry into the receiving country;
(c) that person’s unlawful residence in the receiving country; and
(d) that person’s procurement or possession of any fraudulent travel or identity document.
(2) The Secretary of the Department of Justice shall establish national guidelines and procedures for providing assistance to victims of trafficked persons and witnesses of trafficking in persons, including but not limited to:
(a) ensuring that victims, witnesses, and their families are provided adequate protection if their safety is at risk, including measures to protect them from intimidation and retaliation by traffickers and their associates;
(b) providing victims with the opportunity to present their views, needs, interests and concerns for consideration at appropriate stages of any judicial or administrative proceedings relating to the offense, either directly or through their representative, without prejudice to the rights of the defense;
(c) where the victim is an unaccompanied child, providing for the appointment of a legal guardian to represent the interests of the child, taking all necessary steps to establish his or her identity and nationality, and making every effort to locate his or her family when this is in the best interest of the child;
(d) where the victim is a national of the Federated States of Micronesia, facilitating and accepting the return of the victim without undue or unreasonable delay and with due regard for his or her rights and safety;
(e) where the victim is not a national of the Federated States of Micronesia and requests to return to his or her country of origin or the country in which he or she had the right of permanent residence at the time he or she was trafficked, facilitating such return, including arranging for the necessary travel documents, without undue delay and with due regard for his or her rights and safety;
(f) providing information to all victims on the nature of protection, assistance and support to which they are entitled and the possibilities of assistance and support by nongovernmental organizations and other victim agencies, as well as information on any legal proceedings related to them. Such information shall be provided in a language and form that the victim understands.
Source: PL 17-38 § 12.
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 offenses defined in this chapter shall apply regardless of whether the conduct constituting an offense took place inside or outside the jurisdiction of the Federated States of Micronesia if:
(1) the Federated States of Micronesia is the receiving country, or if the exploitation occurs herein; or
(2) the acts or conduct constituting an offense under this chapter started, ended or occurred in part in the jurisdiction of the Federated States of Micronesia; or
(3) the offense is committed by a national of the Federated States of Micronesia or by a person who is not a citizen of any country but has his or her habitual residence in the Federated States of Micronesia at the time of the commission of the offense; or
(4) the offense is committed against a victim who is a national of the Federated States of Micronesia.
A person who makes, obtains, gives, sells, or possesses fraudulent travel or identity document or supporting papers for the purpose of facilitating human smuggling or human trafficking or for the purpose of facilitating the continued presence of a smuggled or trafficked person in the receiving country shall be guilty of an offense. Upon conviction, a person guilty of this offense shall be imprisoned for not more than eight years, or fined not less than $5,000 but not more than $15,000, or both.
(1) A commercial carrier shall verify that every passenger possesses the necessary travel documents, including passports, visas and other supporting papers, to enter the destination country and any transit countries.
(2) The requirement in subsection (1) of this section applies both to staff of the commercial carrier selling or issuing tickets, boarding passes or similar travel documents and to staff collecting or checking tickets prior to or subsequent to boarding.
(3) Commercial carriers, or persons referred to under subsection (2) of this section, which fail to comply with the requirements of this section shall be fined $1,000 for every passenger. Repeated failure to comply may be sanctioned by revocation of license, permit, certificate or authority to operate.