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Chapter 07 - General Penalty Provision

Chapter 07 - General Penalty Provision

41.0701 False or misleading statements.


Any person who, for the purpose of obtaining for himself or for any other person or of assisting any other person to obtain any permit, exemption or other advantage under this title, or, with intent to deceive any immigration officer, makes any oral declaration or makes or causes or omits to make or cause to be made any statutory declaration, return, statement, application or other writing which he knows or has reasonable cause to believe to be false or misleading, shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0702 Alteration of permits.


Any person who, otherwise than with the authority of the Attorney General alters, or knowingly defaces, any permit made under or in pursuance of the provisions of this title or any official or certified copy of any such permit shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0703 Obstructing, resisting or misleading officers.


Any person who resists, hinders or obstructs any immigration officer or other or person in the lawful execution of his duty or powers under this title, or knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or exercise by the immigration officer of any duty, function, power or discretion under this title, shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0704 Use or possession of forged, altered, irregular, or other person’s documents.


Any person who unlawfully uses or without lawful authority has in his possession any forged or unlawfully altered birth certificate, marriage certificate or other document purporting to establish age, status or identity, or knowingly uses or has in his possession any unlawfully issued or otherwise irregular permit or other document issued or purported to have been issued under this title, or uses any certificate, permit or exemption issued to or in respect of any other person as if it had been issued to or in respect of himself, shall upon conviction be guilty of a class C felony and sentenced accordingly.

41.0705 Harboring or assisting unlawful entrants.


Any person who harbors or assists any person whom he knows or has reasonable cause to believe to be a person whose presence in American Samoa is unlawful shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0706 Failure to comply with notice.


Any person who refuses or fails to comply with any notice issued to him under the provisions of this title or any rules made hereunder with which he is required by this title or such rules to comply, shall upon conviction be guilty of a class A misdemeanor and sentenced accordingly.

41.0707 Violations not specifically provided for.


Any person violating any provision of this title the violation of which is not specifically provided for by this title shall upon conviction be guilty of a class B misdemeanor and sentenced accordingly.

41.0708 Illegal presence.


(a) A person commits the crime of illegal presence if he is present in American Samoa knowingly in violation of the immigration laws of American Samoa.

(b) Illegal presence is a class A misdemeanor.

41.0709 Stowaways.


(a) A person commits the crime of stowing away if he conceals himself on Board any vessel or aircraft in order to obtain unauthorized passage from or to American Samoa to or from any other port or place.

(b) Stowing away is a class C felony.