Offences Against the Person Act
Exposure to or transmission of HIV is capable of prosecution under the criminal law in three of five states:
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:
None
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
Pacific Island AIDS Foundation
Colvin E (2002). Criminal responsibility under the South Pacific codes
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
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