Article 4. Declaration of Rights
Section 1.
No law may deny or impair freedom of expression, peaceable assembly, association, or petition.
Section 3.
A person may not be deprived of life, liberty, or property without due process of law, or be denied the equal protection of the laws.
Section 10.
Slavery and involuntary servitude are prohibited except to punish crime.
Section 12.
A citizen of the Federated States of Micronesia may travel and migrate within the Federated States.
Section 13.
Imprisonment for debt is prohibited.
CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA (REV. 1990) (PDF)
SUBCHAPTER II Trafficking in Persons
§ 611. Citation.
This Act shall be known and may be cited as “Trafficking in Persons Act of 2012.”
§ 612. Definitions.
(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.
§ 615. Offense of human trafficking.
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.
§ 616. Offense of trafficking in children.
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.
§ 617. Offense of aggravated human trafficking.
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.
§ 618. Offense of exploiting a trafficked person.
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.
Source: PL 17-38 § 10.
§ 619. Consent of trafficked or smuggled person irrelevant.
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.
§ 701. Deprivation of rights.
(1) A person commits a crime if he or she willfully, whether or not acting under the color of law, deprives another of, or injures, oppresses, threatens, or intimidates another in the free exercise or enjoyment of, or because of his or her having so exercised any right, privilege, or immunity secured to him by the Constitution or laws of the Federated States of Micronesia, the laws of the Trust Territory of the Pacific Islands, or the Constitution or laws of the United States of America which are applicable to the Federated States of Micronesia.
(2) A person convicted under this section shall be imprisoned for not more than ten years.
(3) A person who deprives another of any right or privilege protected under this section shall be civilly liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, without regard to whether a criminal case has been brought or conviction obtained. In an action brought under this section, the court may award costs and reasonable attorney's fees to the prevailing party.
REVISED CODE OF THE FEDERATED STATES OF MICRONESIA, TITLE 11 CRIMES (AS AMENDED BY THE TRAFFICKING IN PERSONS ACT 2012) (PDF)
§ 167. Penalties for violation of chapter.
(1) Any employer who willfully violates any of the provisions of this chapter or any of the rules and regulations issued pursuant thereto shall, upon conviction thereof, be fined not more than $2,000, or imprisoned for not more than six months, or both.
(2) Any nonresident worker who fails to comply with the provisions of section 138(3) of this chapter shall, upon conviction thereof, be fined not more than $50, or imprisoned for not more than five days, or both.
