Chapter 46 - Offenses Against the Administration of Justice

Chapter 46 - Offenses Against the Administration of Justice

46.4601 Definitions.


The following definitions apply to chapters 46 and 47 of this part:

(a) "Affidavit" means any written statement which is authorized or required by law to be made under oath, and which is sworn to before a person authorized to administer oaths.

(b) "Government" means any branch or agency of the government of this territory or of any political subdivision of it.

(c) "Judicial proceeding" means any official proceeding in court, or any proceeding authorized by or held under the supervision of a court.

(d) "Juror" means a grand or petit juror, including a person who has been drawn or summoned to attend as a prospective juror.

(e) "Jury" means any panel which has been drawn or summoned to attend as prospective jurors.

(f) "Official proceeding" means any cause, matter, or proceeding where the laws of this territory require that evidence considered in it is under oath or affirmation.

(g) "Public record" means any document which a public servant is required or permitted by law to keep.

(h) "Testimony" means any oral statement under oath or affirmation.

46.4602 Concealing an offense.


(a) A person commits the crime of concealing an offense if:

(1) he confers or agrees to confer any pecuniary benefit or other consideration to any person in consideration of that person's concealing of any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence of it; or

(2) he accepts or agrees to accept any pecuniary benefit or other consideration in consideration of his concealing any offense, refraining from initiating or aiding in the prosecution of an offense, or withholding any evidence of it.

(b) Concealing an offense is a class D felony if the offense concealed is a felony, otherwise concealing an offense is a class A misdemeanor.

46.4603 Hindering prosecution.


(a) A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction, or punishment of another for conduct constituting a crime he:

(1) harbors or conceals the person;

(2) warns the person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;

(3) provides the person with money, transportation, weapon, disguise, or other means to aid him in avoiding discovery or apprehension; or

(4) prevents or obstructs, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery or apprehension of the person.

(b) Hindering prosecution is a class D felony if the conduct of the other person constitutes a felony; otherwise hindering prosecution is a class A misdemeanor.

46.4604 Flight to avoid prosecution or giving of testimony.


(a) A person commits the crime of flight to avoid prosecution or giving of testimony if he knowingly leaves the jurisdiction of the government to avoid prosecution or to avoid giving testimony in any criminal proceeding.

(b) Flight to avoid prosecution or giving of testimony is a class C felony.

46.4605 Perjury.


(a) A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely or procures another to testify falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, the Legislature or either House or a committee thereof, public body, notary public, or other officer authorized to administer oaths.

(b) A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter, or proceeding.

(c) Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

(1) the defendant mistakenly believed the fact to be immaterial or

(2) the defendant was not competent for reasons other than mental disability or immaturity to make the statement.

(d) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing at the taking of a deposition or at previous trial are made in the course of the same proceeding.

(e) The defendant shall have the burden of injecting the issue of retraction under subsection (d).

(f) Perjury committed in any proceeding not involving a felony charge is a class D felony.

(g) Perjury committed in any proceeding not involving a felony charge is a class C felony unless:

(1) it is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, then it is a class A felony; or

(2) it is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, then it is a class B felony.

46.4606 False affidavit.


(a) A person commits the crime of making a false affidavit if, with purpose to mislead any person, he, in any affidavit, swears falsely to a fact which is material to the purpose for which the affidavit is made.

(b) The provisions of subsections (b) and (c) of 46.4605 apply to prosecutions tinder subsection (a).

(c) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement by affidavit or testimony but this defense does not apply if the retraction was made after:

(1) the falsity of the statement was exposed or

(2) any person took substantial action in reliance on the statement.

(d) The defendant has the burden of injecting the issue of retraction tinder subsection (c).

(e) Making a false affidavit is a class A misdemeanor if done for the purpose of misleading a public servant in the performance of his duty: otherwise making a false affidavit is a class C misdemeanor.

46.4607 False declarations.


(a) A person commits the crime of making a false declaration if, with the purpose to mislead a public servant in the performance of his duty, he:

(1) submits any written false statement which he does not believe to be true:

(A) in an application for any pecuniary benefit or other consideration; or

(B) on a form bearing notice, authorized by law, that false statements made therein are punishable; or

(2) submits or invites reliance on:

(A) any writing which he knows to be forged, altered or otherwise lacking in authenticity or

(B) any sample, specimen, map, boundary mark, or other object which he knows to be false.

(b) The falsity of the statement or the item under subsection (a) must be as to a fact which is material to the purposes for which the statement is made or the item submitted, and the provisions of subsections (b) and (c) of 46.4605 apply to prosecutions under subsection (a).

(c) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement or item but this defense does not apply if the retraction was made after:

(1) the falsity of the statement or item was exposed or

(2) the public servant took substantial action in reliance on the statement or item.

(d) The defendant has the burden of injecting the issue of retraction under subsection (c).

(e) Making a false declaration is a class B misdemeanor.

46.4608 Proof of falsity of statements.


Persons may not be convicted of a violation of 46.4605, 46.4606, or 46.4607 based upon the making of a false statement except upon proof of the falsity of the statement by:

(1) the direct evidence of 2 witnesses;

(2) the direct evidence of 1 witness together with strongly corroborating circumstances;

(3) demonstrative evidence which conclusively proves the falsity of the statement; or

(4) a directly contradictory statement by the defendant under oath together with:

(A) the direct evidence of 1 witness; or

(B) strongly corroborating circumstances; or

(5) a judicial admission by the defendant that he made the statement knowing it was false. An admission, which is not a judicial admission, by the defendant that he made the statement knowing it was false may constitute strongly corroborating circumstances.

46.4609 False reports.


(a) A person commits the crime of making a false report if he knowingly:

(1) gives false information to a law enforcement officer for the purpose of implicating another person in a crime;

(2) makes a false report to a law enforcement officer that a crime has occurred or is about to occur;

(3) makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.

(b) It is a defense to a prosecution under subsection (a) that the actor retracted the false statement or report before the law enforcement officer or any other person took substantial action in reliance on it.

(c) The defendant has the burden of injecting the issue of retraction under subsection (b).

(d) Making a false report is a class B misdemeanor.

46.4610 False bomb report.


(a) A person commits the crime of making a false bomb report if he knowingly makes a false report or causes a false report to be made to any person that a bomb or other explosive has been placed in any public or private place or vehicle.

(b) Making a false bomb report is a class A misdemeanor.

46.4611 Tampering with or fabricating physical evidence.


(a) A person commits the crime of tampering with or fabricating physical evidence if he:

(1) alters, destroys, suppresses, or conceals any record, document, or thing with purpose to impair its verity, legibility, or availability in any official proceeding or investigation; or

(2) makes, presents or uses any record, document, or thing knowing it to be false with purpose to mislead a public servant who is or may be engaged in any official proceeding or investigation.

(b) Tampering with or fabricating physical evidence is a class D felony if the actor impairs or obstructs the prosecution or defense of a felony; otherwise tampering with or fabricating physical evidence is a class A misdemeanor.

46.4612 Tampering with a public record.


(a) A person commits the crime of tampering with a public record if with the purpose to impair the verity, legibility, or availability of a public record:

(1) he knowingly makes a false entry in or falsely alters any public record; or

(2) knowing he lacks authority to do so, he destroys, suppresses, or conceals any public record.

(b) Tampering with a public record is a class A misdemeanor.

46.4613 False impersonation.


(a) A person commits the crime of false impersonation if he:

(1) falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts; and:

(A) performs an act in that pretended capacity; or

(B) causes another to act in reliance upon his pretended official authority; or

(2) falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of this territory with purpose to induce another to rely upon that representation, and

(A) performs an act in that pretended capacity; or

(B) causes another to act in reliance upon that representation.

(b) False impersonation is a class B misdemeanor unless the person represents himself to be a law enforcement officer, then false impersonation is a class A misdemeanor.

46.4614 Simulating legal process.


(a) A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance on it, he delivers or causes to be delivered:

(1) a request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any Court of this Territory or

(2) any purported summons, subpoena, or other legal process knowing that the process was not issued or authorized by any court.

(b) This section does not apply to a subpoena properly issued by a notary public.

(c) Simulating legal process is a class B misdemeanor.

46.4615 Resisting or interfering with arrest.


(a) A person commits the crime of resisting or interfering with arrest, detention, or stop if, knowing that a law enforcement officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person:

(1) resists the arrest of himself by using or threatening the use of violence or physical force or by fleeing from that officer or

(2) interferes with the arrest of another person by using or threatening the use of violence, physical force, or physical interference.

(b) This section applies to arrest, stops or detention with or without warrants amid to arrest, stops or detention for any crime or ordinance violation.

(c) A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that person.

(d) It is no defense to a prosecution under subsection (a) as further defined by subsection (b) that the law enforcement officer was acting unlawfully in making the arrest, stop or detention. However, nothing in this section is construed to bar civil suits for unlawful arrest.

(e) Resisting or interfering with an arrest, stop or detention for a felony is a Class D felony. Resisting or interfering with an arrest, stop or detention by fleeing in such a manner that the person fleeing creates a substantial risk of serious physical injury or death to any person is a class D felony; otherwise resisting or interfering with arrest, stop or detention is a class A misdemeanor.

46.4616 Interference with legal process.


(a) A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, he interferes with or obstructs such person for the purpose of preventing the service of any process.

(b) 'Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.

(c) Interference with legal process is a class B misdemeanor.

46.4617 Criminal contempt.


(a) A person commits the crime of criminal contempt when he engages in any of the following conduct:

(1) disorderly, contemptuous, or insolent behavior committed during the sitting of a court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority;

(2) breach of the peace, noise, or other disturbance directly tending to interrupt a court's proceedings;

(3) intentional disobedience or resistance to the process, injunction, or other mandate of a court;

(4) contumacious refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any proper interrogatory;

(5) knowingly publishing a false or grossly inaccurate report of a court's proceedings;

(6) intentional refusal to serve as a juror;

(7) intentional and unexcused failure by a juror to attend a trial at which he has been chosen to serve as a juror; or

(8) intentional failure to appear personally on the required date, having been released from custody, with or without bail, by court order or by other lawful authority, upon condition that he will subsequently appear personally in connection with a criminal action or proceeding.

(b) Criminal contempt is a class A misdemeanor, except for violations of paragraph (a) (1). A violation of paragraph (a) (1) is a class B misdemeanor.

46.4618 Refusal to identify as a witness.


(a) A person commits the crime of refusal to identify as a witness if, knowing he has witnessed any portion of a crime, or any other incident resulting in physical injury or substantial property damage, upon demand by a law enforcement officer engaged in the performance of his official duties, he knowingly refuses to give or gives a false report of his name and present address to that officer.

(b) Refusal to identify as a witness is a class C misdemeanor.

46.4625 Escape from commitment.


(a) A person commits the crime of escape from commitment if he has been committed to a territorial correctional facility under 46.1301 through 46.1310, and he escapes from commitment.

(b) Escape from commitment is a class D felony.

46.4626 Escape from custody.


(a) A person commits the crime of escape from custody if, while being held in custody after arrest for any crime, he escapes from custody.

(b) Escape from custody is a class A misdemeanor unless:

(1) it is effected by means of a deadly weapon or dangerous instrument or by holding any person as hostage, then escape from custody is a class A felony; or

(2) the person escaping is under arrest for a felony, then escape from custody is a class D felony.

46.4627 Escape from confinement.


(a) A person commits the crime of escape from confinement if, while being held in confinement after arrest for any crime, or while serving a sentence after conviction for any crime, he escapes from confinement.

(b) Escape from confinement is a class A misdemeanor except that it is:

(1) a class A felony if it is effected by means of a deadly weapon or dangerous instrument or by holding any person as hostage;

(2) a class D felony if:

(A) the person escapes while being held on a felony charge or while serving a sentence after conviction of a felony or

(B) the escape is facilitated by striking or beating any person.

46.4628 Failure to return to confinement.


(a) A person commits the crime of failure to return to confinement if, while serving a sentence for any crime under a work-release program, or while under sentence of any crime to serve a term of confinement which is not continuous, or while serving any other type of sentence for any crime where he is temporarily permitted to go at large without guard, he purposely fails to return to confinement when he is required to do so.

(b) This section does not apply to persons who are free on bond, bail or recognizance, personal or otherwise, nor to persons who are on probation or parole, temporary or otherwise.

(c) Failure to return to confinement is a class C misdemeanor.

46.4629 Aiding escape of a prisoner.


(a) A person commits the crime of aiding escape of a prisoner if he:

(1) introduces into any place of confinement a deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any confined prisoner, or of facilitating the commission of any other crime or

(2) assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner's escape from custody or confinement.

(b) Aiding escape of a prisoner by introducing a deadly weapon or dangerous instrument into a place of confinement is a class B felony. Aiding escape of a prisoner being held in custody or confinement on the basis of a felony charge or conviction is a class D felony; otherwise aiding escape of a prisoner is a class A misdemeanor.

46.4630 Permitting escape.


(a) A public servant who is authorized and required by law to have charge of any person charged with or convicted by any crime commits the crime of permitting escape if he knowingly:

(1) suffers, allows, or permits any deadly weapon or dangerous instrument, or anything adapted or designed for use in making an escape, to be introduced into or allowed to remain in any place of confinement, in violation of law, regulations, or rules governing the operation of the place of confinement or

(2) suffers, allows, or permits a person in custody or confinement to escape.

(b) Permitting escape by suffering, allowing, or permitting any deadly weapon or dangerous instrument to be introduced into a place of confinement is a class B felony; otherwise permitting escape is a class D felony.

46.4631 Disturbing a judicial proceeding.


(a) A person commits the crime of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party, or witness, and thus influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting, or holding or displaying a placard or sign containing written or printed matter, concerning the conduct of the judicial proceeding or the character of a judge. attorney, juror, party, or witness engaged in that proceeding, or calling for or demanding any specified action or determination by the judge, attorney, juror, party, or witness in connection with that proceeding.

(b) Disturbing a judicial proceeding is a class A misdemeanor.

46.4632 Tampering with a judicial proceeding.


(a) A person commits the crime of tampering with a judicial proceeding if, with purpose to influence the official action of a judge, juror, special master, referee, or arbitrator in a judicial proceeding, he:

(1) threatens or causes harm to any person or property;

(2) engages in conduct reasonably calculated to harass or alarm the official or juror; or

(3) offers, confers, or agrees to confer any benefit, direct or indirect, upon the official or juror.

(b) Tampering with a judicial proceeding is a class C felony.

46.4633 Tampering with a witness.


(a) A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness in an official proceeding to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information, or documents, or to testify falsely, he:

(1) threatens or causes harm to any person or property;

(2) uses force, threats or deception; or

(3) offers, confers or agrees to confer any benefit, direct or indirect, upon the witness.

(b) Tampering with a witness is a class D felony.

46.4634 Acceding to corruption.


(a) A person commits the crime of acceding to corruption if:

(1) he is a judge, juror, special master, referee, or arbitrator and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that it will influence his official action in a judicial proceeding pending in any court or before the official or juror or

(2) he is a witness or prospective witness in any official proceeding and knowingly solicits, accepts, or agrees to accept any benefit, direct or indirect, on the representation or understanding that he will disobey a subpoena or other legal process, or withhold evidence, information or documents, or testify falsely.

(b) Acceding to corruption under paragraph (a) (1) is a class C felony.

(c) Acceding to corruption under paragraph (a) (2) in a felony prosecution, or on the representation or understanding of testifying falsely is a class D felony, otherwise acceding to corruption is a class A misdemeanor.

46.4635 Improper communication.


(a) A person commits the crime of improper communication if he communicates, directly or indirectly, with any juror, special master, referee, or arbitrator in a judicial proceeding, other than as part of the proceedings in a case, for the purpose of influencing the official action of that person.

(b) Improper communication is a class B misdemeanor.

46.4636 Misconduct by a juror.


(a) A person commits the crime of misconduct by a juror if, being a juror, he knowingly:

(1) promises or agrees, prior to the submission of a cause to the jury for deliberation, to vote for or agree to a verdict for or against any party in a judicial proceeding or

(2) receives any paper, evidence or information from anyone in relation to any judicial proceeding for the trial of which he has been or may be sworn, without the authority of the court or officer before whom the proceeding is pending, and does not immediately disclose that fact to the court or officer.

(b) Misconduct by a juror is a class A misdemeanor.

46.4637 Misconduct in selecting or summoning a juror.


(a) A public servant authorized by law to select or summon any juror commits the crime of misconduct in selecting or summoning a juror if he knowingly acts unfairly, improperly, or not impartially in selecting or summoning any person or persons to be a member or members of a jury.

(b) Misconduct by a juror is a class A misdemeanor.

46.4638 Misconduct in administration of justice.


(a) A public servant, in his public capacity or under color of his office or employment, commits the crime of misconduct in administration of justice if:

(1) he is charged with the custody of any person accused or convicted of any crime or ordinance violation and he coerces, threatens, abuses, or strikes that person for the purpose of securing a confession from him;

(2) he knowingly seizes or levies upon any property or dispossesses anyone of any lands or tenements without due and legal process, or other lawful authority;

(3) he is a judge and knowingly accepts a plea of guilty from any person charged with a violation of a statute or ordinance at any place other than at the place provided by law for holding court by the judge;

(4) he is a jailer or keeper of a jail and knowingly refuses to receive, in the jail under his charge, any person lawfully committed to the jail on any criminal charge or criminal conviction by any court of this territory, or on any warrant and commitment order on

any criminal charge issued by any court of this territory; or

(5) he is a law enforcement officer and knowingly:

(A) refuses to release any person in custody who is entitled to release;

(B) refuses to permit a person in custody to see and consult with counsel or other persons;

(C) transfers any person in custody to the custody or control of another, or to another place, for the purpose of avoiding the provisions of this section; or

(D) prefers against any person in custody a false charge for the purpose of avoiding the provisions of this section.

(b) Misconduct in the administration of justice is a class A misdemeanor.