Micronesia, Federated States of

Last updated on: 3 May 2012

Criminalisation of HIV transmission/exposure

Micronesia, Federated States of
Whether Specific law enacted: 
None
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Offences Against the Person Act

Exposure to or transmission of HIV is capable of prosecution under the criminal law in three of five states:

Key wording in the law: 

Chuuk-Offenses Against the Person Act Title 12 Chapter 4: (s 2053) Negligent homicide; (s 2058); Assault; (s 2061) Reckless endangering:

Kosrae Offenses Against the Person Act (s 13.303) assault; wound or to do bodily harm

Yap Offenses Against the Person Act: (S 204) Negligent homicide; (s 207) Aggravated assault; (s 209) Assault; (s 212) Reckless endangering:

Key Cases: 

None

Discussion: 

The legal system generally is based on and derived from United States' law. In addition to the Federation's Constitution and legal Code, each state has its own Constitution and Code.

Chuuk-Offenses Against the Person Act Title 12 Chapter 4:

Section 2053: Negligent homicide is the negligent causing of death of another person where the defendant's failure to perceive the risk constitutes a gross deviation from the duty of care.

Section 2058: Assault:

(1) A person commits the offense of assault if he unlawfully offers or attempts, with force or violence, to strike, beat, wound, or do bodily harm to another.

(2) A person convicted of assault and battery shall be punished by imprisonment for not more than three years, or a fine of not more than $100.00, or both.

Section 2061: Reckless endangering:

(1) A person commits the offense of reckless endangering if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.

(2) A person convicted of the offense of reckless endangering shall be punished by imprisonment of not more than six months, or a fine of not more than $100.00, or both.

Kosrae Offenses Against the Person Act:

Section 13.303: The assault offences of assault and battery- striking, beating, wounding, or otherwise doing bodily harm, assault

Section 13.302: Offering or attempting, with force or violence, to strike, beat, wound or to do bodily harm

Yap Offenses Against the Person Act:

Section 204: Negligent homicide: negligently causing death under circumstances where the individual should be aware of a substantial risk that death will result from his conduct

Section 207: Aggravated assault: causing serious bodily injury intentionally, knowingly or recklessly under circumstances showing extreme indifference to the value of human life

Section 209: Assault: unlawfully offering or attempting, with force or violence, to strike, beat, wound, or to do bodily harm to another

Section 212: Reckless endangering: recklessly engaging in conduct which place or may place another person in danger of death or serious bodily injury

Survey respondents/Organisations working on HIV and the Law: 

Pacific Island AIDS Foundation

Further reading: 

Colvin E (2002). Criminal responsibility under the South Pacific codes

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

The U.S. Department of State is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of the Federated States of Micronesia.

No restrictions for Pohnei State. Status of other States in Micronesia is unknown (each State has its own border control policies and regulations).

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships: No law

Female to Female Relationships: Legal

Age of consent: Equal for heterosexuals and homosexuals

For updated information, please go to: http://ilga.org