USVI Public Records

A "crime" or "offense" is an act committed or omitted in violation of a law of the Virgin Islands and punishable by- (1) imprisonment; or (2) fine; or (3) removal from office; or (4) disqualification to hold and enjoy any office of honor, trust, or profit.

(a) Crimes or offenses are divided into felonies and misdemeanors. (b) Notwithstanding any Act of the Legislature to the contrary- (1) a felony is a crime or offense which is punishable by imprisonment for more than one year; and (2) every other crime or offense is a misdemeanor.

(a) Except in cases where a different punishment is prescribed by law- (1) every crime or offense declared to be a felony is punishable by imprisonment not exceeding five years; and (2) every crime or offense declared to be a misdemeanor is punishable by a fine not exceeding $200 or by imprisonment not exceeding one year, or by both. (b) When- (1) an act or omission is declared by this Code or other law to be a crime or public offense, but without designation thereof as either a felony or a misdemeanor; and (2) no penalty therefor is prescribed by this Code or other law- the act or omission is punishable as a misdemeanor.

In misdemeanor cases only, trial judges are authorized to limit the term of imprisonment to six months in prison; in which event, the defendant may be tried by the court, except in cases where a mandatory sentence is imposed. History: Added Mar. 23, 1984, No. 4911, Sess. L. 1984, p. 76.

(a) Whoever commits a crime or offense or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another person would be a crime or offense, is punishable as a principal. (c) Persons within this section shall be prosecuted and tried as principals, and no fact need be alleged in the information against them other than is required in the information against the principal. (d) Whoever, being sixteen years of age or older, aids, abets, counsels, commands, induces or procures the commission of the crime of first or second degree robbery, first or second degree burglary, or first or second degree arson by a person under the age of sixteen shall be tried as an adult principal for the crime and punishable under the sentencing provisions prescribed for such crime, provided that such adult principal shall be imprisoned for a mandatory minimum term of imprisonment of not less than two years, or the mandatory minimum sentence provided at law for such crime, whichever is greater. Notwithstanding any other provision of law to the contrary, adjudication of guilt or imposition of sentence under this subsection shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this subsection. History: Amended Apr. 2, 1982, No. 4693, § 1, Sess. L. 1982, p. 55.

(a) Whoever, knowing that a crime or offense has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. (b) Except as otherwise expressly provided by this Code or any Act of the Legislature, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed by law for the punishment of the principal, or both; or if the principal is punishable by imprisonment for life, the accessory shall be imprisoned not more than ten years. (c) An accessory to the commission of a felony may be prosecuted, tried and punished though the principal may be neither prosecuted nor tried, or though the principal may have been tried and acquitted.

Whoever, having knowledge of the actual commission of a felony, willfully conceals it from the proper authorities, shall be fined not more than $500 or imprisoned not more than 3 years, or both.

All persons are capable of committing crimes or offenses except- (1) children under the age of seven years; (2) children over the age of seven years and under the age of fourteen years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness; (3) idiots; (4) persons who are mentally ill and who committed the act charged against them in consequence of such mental illness; and (5) persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.

No person shall be punished for omitting to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it.

No act committed while in a state of voluntary intoxication is less criminal because committed while in such state. However, the court or jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive or intent with which he committed the act whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime or offense.

History: Repealed. Oct. 25, 1978, No. 4229, Sess. L. 1978, p. 255.

Evidence obtained as a direct or indirect result of a search or seizure conducted pursuant to a lawfully issued order or warrant of a court shall be admissible in any trial, hearing or other proceeding before any court in the Virgin Islands, provided the evidence is competent, relevant and material. History: Added Oct. 30, 1972, No. 3327, § 2, Sess. L. 1972, p. 476.

Evidence of a prior statement, oral or written, made by a witness is not made inadmissible by the hearsay rule if the prior statement is inconsistent with his testimony at a hearing or trial. After the witness has been given an opportunity at such hearing or trial to explain or deny the prior statement, the court shall allow either party to prove that the witness has made a prior statement, oral or written, inconsistent with his sworn testimony. Such prior statement shall be admissible for the purpose of affecting the credibility of the witness or for proving the truth of the matter asserted therein if it would have been admissible if made by the witness at the hearing or trial. Each party shall be allowed to cross-examine the witness on the subject matter of his current testimony and the prior statement. History: Added Oct. 30, 1972, No. 3327, § 2, Sess. L. 1972, p. 476.

(a) Immunity generally. Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to- (1) a court of the United States, (2) a court of the Virgin Islands, (3) any other investigation pursuant to Title 4, chapter 35 of the Virgin Islands Code, and the person presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. (b) Court and investigative proceedings. (1) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court of the United States, the United States Attorney or the Attorney General of the Virgin Islands, the district court for the judicial division in which the proceeding is or may be held shall issue, in accordance with paragraph paragraph (2) subsection, upon the request of the United States Attorney or the Attorney General of the Virgin Islands, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in subsection (a) of this section. (2) The United States Attorney or the Attorney General of the Virgin Islands or any designated Assistant Attorney General, may request an order under paragraph (1) of this subsection when in his judgment- (i) the testimony or other information from such individual may be necessary to the public interest; and (ii) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. History: Added Oct. 30, 1972, No. 3327, § 2, Sess. L. 1972, p. 477.

Any person about to be injured may make resistance sufficient to prevent- (1) an illegal attempt by force to take or injure property in his lawful possession; or (2) an offense against his person or his family or some member thereof.

Any person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

The right of self-defense does not extend to the infliction of more harm than is necessary for the purpose of defense. To justify a homicide on the ground of self-defense, there must be not only the belief but also reasonable ground for believing that at the time of killing the deceased, the party killing was in imminent or immediate danger of his life or great bodily harm.

(a) Any person is justified in the use of force when: (1) the person is resisting an attempt by another to kill him or to inflict serious bodily injury upon him; or (2) the person is resisting an unlawful or forcible entry by another into his residence and he reasonably believes that there is an imminent threat of harm to him or his family. (b) In determining whether a person is justified in the use of justifiable force, the finder of fact shall consider all relevant circumstances including, but not limited to: (1) time of day; (2) location; (3) visibility conditions; (4) type of weapon, object or instrument; and (5) brandishing of a firearm or other dangerous or deadly weapon, as defined in Section 2251 of this Title, by the perpetrator. (c) A person who uses justifiable force while within his residence against another unlawfully in the residence or attempting to unlawfully or forcibly enter the residence shall be presumed to have held a reasonable belief that there is an imminent threat of harm to his person, provided: (1) that he knew or had reason to believe that an unlawful and forcible entry had occurred or was about to occur; or (2) he knew or had reason to believe that the perpetrator had a dangerous weapon on his person or within his reach. History: Added Sept. 14, 1999, No. 6290, § 1, Sess. L. 1999, p. 76.

(a) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a felony in the Virgin Islands, shall upon a subsequent conviction of a felony in the Virgin Islands be incarcerated for a term of imprisonment of not less than ten years and may be incarcerated for the remainder of his natural life if such subsequent felony for which the person is convicted in the Virgin Islands was committed within ten (10) years after the date the person has completed serving his sentence on the prior felony conviction. If the last conviction is for a crime of violence, as defined in Title 23, section 451 of the Code, imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration. (b) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a felony in the Virgin Islands and a crime of violence as defined in Title 23, section 451(g) of the Code shall upon a subsequent conviction of a felony in the Virgin Islands, which is also a crime of violence as defined in the aforementioned provision, be incarcerated for a term of imprisonment of not less than ten years as provided in subsection (a) of this section, or not less than one-half the maximum sentence provided by law, whichever is greater, and may be incarcerated for the remainder of his natural life if the subsequent felony for which the person is convicted in the Virgin Islands, which is also a crime of violence as defined in Title 23, section 451(g) of the Virgin Islands Code, was committed within ten (10) years after the date the person has completed serving his sentence on the conviction for the prior felony and crime of violence. Imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration. (c) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment, and involving violence or the threat thereof to the person of another, shall upon a subsequent conviction of a felony in the Virgin Islands, which is a crime of violence as defined in Title 23, section 451(g) of the Code, be incarcerated for a term of imprisonment of not less than one-third the maximum sentence provided by law if the subsequent felony for which the person is convicted in the Virgin Islands, which is a crime of violence as defined in Title 23, section 451(g) of the Virgin Islands Code, was committed within ten (10) years after the date the person has completed serving his sentence on the prior misdemeanor conviction which involved violence or the threat thereof to the person of another. Imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration. (d) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a felony in the Virgin Islands and a crime of violence, as defined under Title 23, section 451(g) of the Code, or a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment and involving violence or the threat thereof to the person of another, shall upon a subsequent conviction of a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment, and involving violence or the threat thereof to the person of another, be incarcerated for a term of imprisonment of not less than three months if the subsequent misdemeanor punishable by 6 months or more imprisonment, and involving violence or the threat thereof to the person of another, for which the person is convicted in the Virgin Islands was committed within ten (10) years after the date the person has completed serving his sentence on the conviction for the prior felony which is also a crime of violence, as defined under Title 23, section 451(g) of the Virgin Islands Code or the prior misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment and involving violence or the threat thereof to the person of another. Imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration. (e) No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section. (f) (1) Whoever, under the laws of the Virgin Islands, has been convicted of an offense which is a domestic violence offense, shall, upon a subsequent conviction for a domestic violence offense, be incarcerated for a term of three (3) months in addition to any other penalty provided for the commission or attempted commission of the underlying domestic violence offense. The imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted. (2) In any prosecution alleging a subsequent domestic violence offense the prosecutor shall plead the prior domestic violence conviction in the information charging a second or subsequent domestic violence offense. The Government shall have the burden of proving the prior offense as an element of the subsequent offense. It is sufficient to prove the prior offense by the introduction into evidence of a certified copy of the conviction of the first offense. History: Amended Oct. 25, 1972, No. 3321, § 1, Sess. L. 1972, p. 466; Oct. 25, 1978, No. 4222, §§ 1-3, Sess. L. 1978, p. 247; Oct. 29, 1990, No. 5646, § 14, Sess. L. 1990, p. 375; Dec. 9, 1991, No. 5759, § 2, Sess. L. 1991, p. 264.

(a) No person who stands convicted of an offense under the laws of the Virgin Islands shall be sentenced to increased punishment by reason of one or more previous convictions, unless prior to sentencing, the United States Attorney or the Attorney General of the Virgin Islands, as the case may be, files an information with the Clerk of the Court and serves a copy of such information on the person or counsel for the person, stating in writing the previous convictions to be relied upon. Upon a showing by the Government that facts regarding previous convictions could not with due diligence be obtained prior to sentencing, the court may postpone the sentencing for a reasonable period for the purpose of obtaining such facts. Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence. (b) If the prosecutor files an information under this section, the court shall, after conviction but before pronouncement of sentence, inquire of the person with respect to whom the information was filed whether he affirms or denies that he has been previously convicted as alleged in the information, and shall inform him that any challenge to a previous conviction which is not made before sentence is imposed may not thereafter be raised to attack the sentence. (c) (1) If the person denies any allegation of the information of previous conviction, or claims that any conviction alleged is invalid, he shall file a written response to the information. A copy of the response shall be served upon the prosecutor. The court shall hold a hearing to determine any issues raised by the response which would except the person from increased punishment. The failure of the Government to include in the information the complete criminal record of the person or any facts in addition to the convictions to be relied upon shall not constitute grounds for invalidating the notice given in the information required by subsection (a). The hearing shall be before the court without a jury and either party may introduce evidence. Except as otherwise provided in paragraph paragraph (2)ubsection, the prosecuting authority shall have the burden of proof beyond a reasonable doubt on any issue of fact. At the request of either party, the court shall enter findings of fact and conclusions of law. (2) A person claiming that a conviction alleged in the information was obtained in violation of the Constitution of the United States shall set forth his claim, and the factual basis therefor, with particularity in his response to the information. The person shall have the burden of proof by a preponderance of the evidence on any issue of fact raised by the response. Any challenge to a previous conviction, not raised by response to the information before an increased sentence is imposed in reliance thereon shall be waived unless good cause be shown for failure to make a timely challenge. (d) (1) If the person files no response to the information, or if the court determines, after hearing, that the person is subject to increased punishment by reason of previous convictions, the court shall proceed to impose sentence upon him as provided by law. (2) If the court determines that the person has not been convicted as alleged in the information, that a conviction alleged in the information is invalid, or that the person is otherwise not subject to an increased sentence as a matter of law, the court shall, at the request of the prosecutor, postpone sentence to allow an appeal from the determination. If no such request is made, the court shall impose sentence as provided by law. The person may appeal from an order postponing sentence as if sentence had been pronounced and a final judgment of conviction entered. (e) Whenever an information has been filed under this section with respect to a person who stands convicted following a plea of guilty, the court shall allow the person to withdraw the plea upon a showing that, at the time the plea was entered, the person did not know that his previous convictions would subject him to increased punishment. History: Amended Oct. 25, 1972, No. 3321, § 2, Sess. L. 1972, p. 467.

The punishment prescribed by this title shall apply to whoever- (1) commits, in whole or in part, any offense within the Virgin Islands; or (2) commits larceny or robbery outside the Virgin Islands, and brings, or is found with, the stolen property within the Virgin Islands; or (3) from outside the Virgin Islands, causes, aids, advises or encourages another person to commit an offense within the Virgin Islands and is afterwards found within the Virgin Islands.

When the commission of a crime commenced without the Virgin Islands is consummated within its boundaries the defendant is liable to punishment thereof in the Virgin Islands, although he was out of the Virgin Islands at the time of the commission of the crime charged, provided he consummated it in the Virgin Islands through the intervention of an innocent or guilty agent, by any means proceeding directly from himself.

When the crime of murder or manslaughter has been committed by means of a mortal wound given, or injury inflicted, or poison administered without the Virgin Islands, and the person so wounded, injured, or poisoned dies thereof within the Virgin Islands, the person committing such crime is liable to punishment therefor in the Virgin Islands, and in such case the action therefor may be commenced and tried in the Virgin Islands.

When an act declared to be a crime is within the jurisdiction of any United States, State, county, commonwealth or Superior Court in the United States or any of its possessions as well as of the Virgin Islands, a conviction or acquittal thereof in the former is a bar to a prosecution therefor in the Virgin Islands.

A sentence of imprisonment for any term of more than one year and less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.

Whoever is sentenced to imprisonment for life is thereafter deemed civilly dead.

The provisions of sections 91 and 92 of this title shall not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale, conveyance of property or will.

Whoever violates any regulation issued under authority of law for which no other penalty is provided shall be fined not more than $20 or imprisoned not more than 30 days, or both.

The omission to specify or affirm in this Code any liability for any damages, penalty, or forfeiture, or other remedy imposed by law and allowed to be recovered in a civil action, for any act or omission declared to be punishable as a crime does not affect any right to recover or enforce such remedy.

No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law.

An act or omission which is made punishable in different ways by different provisions of this Code may be punished under any of such provisions, but in no case may it be punished under more than one. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.

As used in this subchapter the following words have the following meanings: (1) "Abuse" means attempting to cause or causing physical or emotional harm to another or placing another in fear of imminent serious physical or emotional harm. (2) "Harassment" means more than one act of willful and malicious conduct, however brief, that happens within a year including cyberstalking, sexual harassment and stalking aimed at a specific person committed with the intent to cause fear, verbal and/or physical intimidation, abuse or damage to property and which does in fact cause fear, intimidation, verbal or physical abuse or damage to property; or an act that by force, threat or duress causes another to involuntarily engage in sexual relations, or constitutes a violation or this subchapter. (3) "Court" means the Superior Court of the Virgin Islands. (4) "Cyberstalking" means the communication of words, images, or language through the use of electronic mail or electronic communication directed to a specific person which serves no legitimate purpose, but causes that person substantial emotional distress. (5) "Harassment Prevention Order" means an order issued by a court of the Virgin Islands, another jurisdiction, an injunction or other order issued by a court of the Virgin Islands, a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or a tribal court that is issued for the purpose of preventing violent or threatening acts, abuse or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection from a person with no domestic ties. (6) "Malicious" means conduct characterized by or involving malice cruelty, hostility or revenge. (7) "Peace officer" means any officer authorized to serve criminal process. (8) "Sexual harassment" means harassment in the workplace, or other professional or social situation, involving the making of unwanted sexual advances or obscene remarks. (9) "Stalking" means purposely and repeatedly following another person and engaging in a course of conduct or making credible threats with the intent of annoying or placing that person in reasonable fear of death or bodily harm or injury and causing emotional distress. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 135, 136.

(a) Petitions for proceedings under this subchapter must be filed, heard and determined in Magistrate Division of the Superior Court. (b) The Court shall adopt a form of complaint for use under this subchapter which shall be in such form and language to permit a petitioner to prepare and file such complaint pro se. (c) Filing fees and the fees pertaining to obtaining of certified copies shall be charged as per the instruction from the court. (d) Upon the filing of a complaint under this chapter, the clerk of the Court shall inform a petitioner that the proceedings under this subchapter are civil in nature, and that violations of orders issued in the proceedings under this subchapter are criminal in nature. The Court shall give the petitioner information prepared by the Attorney General's office that other criminal proceedings may be available. The Attorney General's Office shall instruct the petitioner relative to the procedures required to initiate criminal proceedings including but not limited to, a complaint for any violation under title 14 Virgin Islands Code. Whenever possible, the Court shall provide the information in the complainant's native language. (e) The Court may not deny any complaint filed within the year of the last alleged incident of harassment. (f) A proceeding commenced under this subchapter does not preclude any other civil or criminal remedies. A party filing a petition under this subchapter shall disclose any prior or pending actions involving the parties; including but not limited to, court actions, administrative proceedings and disciplinary proceedings. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 136; amended Jan. 26, 2016, No. 7832, § 4, Sess. L. 2015, p. 265.

(a) Upon the filing of a petition under this subchapter, the Court may enter such temporary orders as it considers necessary to protect a petitioner from harassment, including relief as provided in subsection (c) of this section. (b) If the petitioner demonstrates a substantial likelihood of immediate danger of harassment, the Court may enter such temporary relief orders without notice as it considers necessary to protect the petitioner from harassment and shall immediately thereafter notify the respondent that the temporary orders have been issued. The Court shall give the respondent an opportunity to be heard on the question of continuing the temporary order and of granting other relief as requested by the petitioner not later than 10 court business days after the orders are entered. If the respondent does not appear at the subsequent hearing, the temporary orders continues in effect without further order of the Court. (c) A person claiming harassment may file a petition in the Court requesting a Harassment Prevention Order. A person may petition the Court under this subchapter for an order that requires the respondent do any or all of the following: (1) refrain from abusing or harassing the petitioner; (2) refrain from contacting the petitioner, unless authorized by the Court; (3) remain away from the petitioner's household or workplace, workspace or work area and any other personal or private property; (4) pay the petitioner monetary compensation for the losses suffered as a direct result of the harassment; the compensatory, damages must include, but are not limited to, loss of earnings, out-of- pocket losses for injuries or emotional distress sustained, or property damaged, cost of replacement of locks, medical expenses, cost for obtaining an unlisted phone number and reasonable attorney's fees; or (5) refrain from specified behavior that the Court determines is necessary to effectuate orders described in this subsection. (d) Each Harassment Prevention Order must contain a statement in substantially the following form: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE Any violation of this order or a protection order issued by another jurisdiction is punishable by a fine of not more than $5,000, or by imprisonment for not more than 1 year or by both such fine and imprisonment. In addition to, but not in lieu of, the foregoing penalties and any other sentence, fee or assessment, the Court shall order persons convicted of a violation of such an order to pay a fine of $250 which the Court shall remit to the Commissioner of Finance for deposit into the Harassment and Violence Prevention and Treatment Fund, and may order the respondent to complete an appropriate treatment program based on the offense. (e) A Harassment Prevention Orders issued by the Court continues in effect for two years from the date of issuance. Every order must, on its face, state the time and date the order is to expire and must include the date and time that the matter will again be heard. If the petitioner appears at the Court at the date and time the order is to expire, the Court shall determine whether or not to extend the order for any additional time reasonably necessary to protect the petitioner or to enter a permanent order. When the expiration date stated on the order is on a date when the Court is closed to business, the order expires the next date that the Court is open for business. The petitioner may appear on such next court business day at the time designated by the order to request that the order be extended. The Court may also extend the order upon motion of the petitioner, for such additional time as the Court considers necessary to protect the petitioner from harassment. The fact that harassment has not occurred during the pendency of an order does not, in itself, constitute sufficient ground for denying or failing to extend the order, or allowing an order to expire or be vacated, or for refusing to issue a new order. (f) The Court may modify its order at any subsequent time upon motion by either party. However, the Court shall give the non-moving party sufficient notice and opportunity to be heard on the modification. When the petitioner's address is inaccessible to the respondent as provided in section 118 and the respondent has filed a motion to modify the court's order, the Court is responsible for notifying the petitioner. In no event may the Court disclose any such inaccessible address. (g) When considering a petition filed under this subchapter, the Court shall determine whether the named respondent has a civil or criminal record involving violent crimes or abuse. Upon receipt of information that an outstanding warrant exists against the named respondent, a judge shall order that the appropriate law enforcement officials are notified and shall order that any information regarding the respondent's most recent whereabouts must be forwarded to such officials. In all instances in which an outstanding warrant exists, the Court shall make a finding, based upon all of the circumstances, as to whether an imminent threat of bodily injury exists to the petitioner. In all instances in which such an imminent threat of bodily injury is found to exist, the judge shall notify the appropriate law enforcement officials of such finding and such officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable. Whenever the Court orders that the respondent refrain from harassing the petitioner or have no contact with the petitioner, under sections 113 or 114, the Clerk or Clerk-Magistrate shall transmit: (i) to the probation office information for filing in the court activity record information system or the territory wide domestic violence recordkeeping system, or in a recordkeeping system created by the probation office to record the issuance of, or violation of, prevention orders issued pursuant to this subchapter; and (ii) two (2) certified copies of each such order and one (1) copy of the complaint and summons forthwith to the appropriate law enforcement agency which, unless otherwise ordered by the Court, shall serve one copy of each order upon the respondent, together with a copy of the complaint and order and summons. The law enforcement agency shall promptly make its return of service to the Court. The Commissioner of Police shall develop and implement a territory wide Harassment Prevention Order recordkeeping system. (h) Peace officers shall use every reasonable means to enforce Harassment Prevention Orders. The Virgin islands Police Department shall establish procedures adequate to ensure that an officer on the scene of an alleged violation of such order is informed of the existence and terms of such order. The Court shall notify the appropriate law enforcement agency in writing whenever any such order is withdrawn and shall direct the agency to destroy all record of such vacated order, and the agency shall comply with that directive. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 137-139.

(a) When the Court is closed for business or the petitioner is unable to appear in court because of severe hardship due to the petitioner's physical condition, the Court may grant relief to the petitioner as provided under section 113, if the petitioner demonstrates a substantial likelihood of immediate danger of harassment. In the discretion of the Court, such relief may be granted and communicated by telephone to an officer or employee of an appropriate law enforcement agency, who shall record the order on a form of order promulgated for such use by the Court and shall deliver a copy of the order on the next court day to the clerk of the Court. If relief has been granted without the filing of a complaint pursuant to this section, the petitioner shall appear in court on the next available business day to file a complaint. If the petitioner in such a case is unable to appear in court without severe hardship due to the petitioner's physical condition, a representative may appear in court, on the petitioner's behalf and file the requisite complaint with an affidavit setting forth the circumstances preventing the petitioner from appearing personally. Notice to the petitioner and respondent and an opportunity for the respondent to be heard must be given as provided in section 113. (b) Any order issued under this section and any documentation in support thereof must be certified on the next court day by the Clerk of the Court issuing the order to the court having venue and jurisdiction over the matter. Such certification to the court has the effect of commencing proceedings under this subchapter and invoking the other provisions of this subchapter, but may not be deemed necessary for an emergency order issued under this section to lake effect. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 139, 140.

(a) Any protection order issued by another jurisdiction must be given full faith and credit throughout the territory and enforced as if it were issued in the territory for as long as the order is in effect in the issuing jurisdiction. A person entitled to protection under a protection order issued by another jurisdiction may file such order with the Court by filing a certified copy of the order. The person shall swear under oath in an affidavit, to the best of the person's knowledge that the order is presently in effect as written. Upon request by a law enforcement agency, the Clerk of the Court shall provide a certified copy of the protection order issued by the other jurisdiction. (b) A Peace Officer shall deem valid, and enforce in accordance with section 116, a copy of a protection order issued by another jurisdiction which has been provided to the peace officer by any source; if the officer is also provided with a statement by the person protected by the order that such order remains in effect. Peace Officers may rely on such statement by the person protected by such order. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 140.

Report; Release of Person Arrested (a) Whenever a peace officer has reason to believe that a person has been abused or harassed or is in danger of being abused or harassed, such officer shall use all reasonable means to prevent further abuse or harassment. Peace officers shall make every reasonable effort to do the following as part of the emergency response: (1) assess the immediate physical danger to the victim and provide assistance reasonably intended to mitigate the safety risk; (2) if there is observable injury to the victim or if the victim is complaining of injury, encourage the victim to seek medical attention and arrange for medical assistance or request an ambulance for transport to a hospital; (3) if a sexual assault has occurred, advise the victim that there are time sensitive medical or forensic options that may be available, encourage the victim to seek medical attention and arrange for medical assistance or request an ambulance for transport to a hospital; (4) provide the victim with referrals to local resources that may assist the victim in locating and getting to a safe place; (5) provide on forms created by the Police Department, adequate notice to the victim of the victim's rights including, but not limited to, obtaining a Harassment Prevention Order. The notice must consist of providing the victim with a copy of the following statement before the officer leaves the scene or premises and after reading the statement to the victim, and if the victim's native language is not English, the statement must then be provided in the victim's native language whenever possible: You have the right to appear at the Superior Court, and file a civil complaint requesting any of the following applicable orders: (i) an order restraining your attacker from harassing or abusing you; (ii) an order directing your attacker to refrain from contacting you; (iii) an order directing your attacker to stay away from your home or your workplace, workspace or work area and personal property; (iv) an order directing your attacker to pay you for losses suffered as a result of the harassment or abuse, including loss of earnings, out-of-pocket losses for injuries sustained or property damaged, costs of replacement of locks, medical expenses, cost for obtaining an unlisted phone number, and reasonable attorneys' fees. For an emergency on weekends, holidays or weeknights, the police will assist you in activating the emergency response system so that you may file a complaint and request a Harassment Prevention Order. You have the right to go to the Department of Justice and apply for a criminal complaint for sexual assault, verbal or physical threats, criminal stalking, criminal harassment, assault and battery, assault with a deadly weapon, and assault with intent to kill or other related offenses. If you are in need of medical treatment, you have the right to request that an officer present drive you to the nearest hospital or otherwise assist you in obtaining medical treatment. If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you can leave or until your safely is otherwise ensured You may also request that the officer assist you in locating and taking you to a safe place including, but not limited to, a designated meeting place for a shelter or a family member's or a friends residence or a similar place of safety. You may request and obtain a copy of the police incident report, at a cost instructed, the police department. (6) assist the victim by activating the emergency judicial system when the court is closed for business; (7) inform the victim that the abuser will be eligible for bail and may be promptly released; and (8) arrest any person that a peace officer witnessed or has probable cause to believe violated a temporary or permanent vacate, restraining, stay-away or no-contact order or judgment issued under this subchapter or similar protection order issued by another jurisdiction; but if there are no vacate, restraining, stay-away or no-contact orders or judgments in effect, arresting the person is the preferred response if the peace officer witnessed or has probable cause to believe that a person: (i) has committed a felony; (ii) has committed a misdemeanor involving harassment or abuse as defined in section 111; or (iii) has committed an assault and battery in violation of sections 295, 296, and 297 of title 14; the safety of the victim must be paramount in any decision to arrest. If a peace officer arrests both parties, the peace officer shall submit a detailed, written report in addition to an incident report, setting forth the grounds for arresting both parties. (b) No peace officer may be held liable in a civil action for personal injury or property damage brought by a party to an incident of abuse or for an arrest based on probable cause when such officer acted reasonably and in good faith and in compliance with this subchapter. (c) Whenever a peace officer investigates an incident of harassment, the officer shall immediately file a written incident report in accordance with the standards of the V.I. Police Department and, wherever possible, in the form of the National Incident-Based Reporting System, as defined by the Federal Bureau of Investigation. (d) The victim must be provided with a copy of the full incident report, at a nominal cost, upon request to VI Police Department. (e) When any person arrested under this subchapter is released on bail reasonable efforts must be made to inform the victim of the release prior to or at the time of the release. When any person charged with or arrested for a crime involving harassment under this subchapter is released from custody, the Court shall issue, upon the request of the victim, a written no-contact order or slay-away order prohibiting the person charged or arrested from having any contact with the victim and shall use all reasonable means to notify the victim immediately of release from custody. The victim must be presided, at no cost, with a certified copy of the no-contact or stay-away order. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 140-142.

(a) In each instance in which there is a violation of a Harassment Prevention Order or a protection order issued by another jurisdiction, the Court may order the respondent to pay the petitioner for all damages including, but not limited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost of replacement locks, medical expenses, cost for obtaining an unlisted telephone number and reasonable attorney's fees. (b) Any such violation may be enforced by the Court. Criminal remedies provided herein are not exclusive and do not preclude any other available civil or criminal remedies. The Court may enforce by civil contempt procedure a violation of its own court order. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 142.

(a) The records of cases arising out of an action brought under this subchapter in which the petitioner or respondent is a minor must be withheld from public inspection except by order of the court; but such records must be open, at all reasonable times, to the inspection of the minor, such minor's parent, guardian and attorney and to the petitioner and the petitioner's attorney. (b) The petitioner's residential address, residential telephone number, mobile phone number and workplace name, address and telephone number, contained within the Court's records of cases arising out of an action brought by a petitioner under this subchapter, are confidential and must be withheld from public inspection, except by order of the Court provided; unless the petitioner specifically requests that this information be withheld from the order, that the petitioner's residential address and workplace address appear on the court order and be accessible to the respondent and the respondent's attorney. All confidential portions of the records must be accessible at all reasonable times to the petitioner and petitioner's attorney, to others specifically authorized by the petitioner to obtain such information and to prosecutors, victim-witness advocates, sexual assault counselors and peace officers, if such access is necessary in the performance of their duties. This section applies to any protection order issued by another jurisdiction. The confidential portions of the court records shall not be deemed to be public records. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 143.

The Court shall impose an assessment of $350 against any person who has been referred to a treatment program as a condition of probation. The assessment is in addition to the cost of the treatment program. In the discretion of the Court, the assessment may be reduced or waived if the Court finds that the respondent is indigent or that payment of the assessment would cause the respondent, or the dependents of the respondent, severe financial hardship. Assessments made pursuant to this section are in addition to any other fines, assessments or restitution imposed in any disposition. All funds collected by the Court pursuant to this section must be transmitted monthly to the Commissioner of Finance, who shall deposit such funds into the Harassment Prevention and Treatment Fund. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 143.

The Harassment Prevention and Treatment Fund are established in the Treasury of the Virgin Islands as a separate and distinct fund. The Commissioner of Finance shall maintain and provide for the administration of the Fund and no monies may be made available for expenditure, except as provided in this section. The Fund consists of all fines, assessments and fees collected pursuant to the provisions of this subchapter. The Fund shall be used exclusively for persons referred to a treatment program pursuant to this subchapter. History: Added Sept. 22, 2015, No. 7799, § 1, Sess. L. 2015, p. 143.

Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purpose of gambling or prostitution, shall be imprisoned not more than 5 years.

History: Repealed. May 14, 1986, No. 5161, § 13, Sess. L. 1986, p. 65.

This chapter may be cited as the Virgin Islands Uniform Prevention of and Remedies for Human Trafficking Act. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 105.

In this chapter: (1) "Adult" means an individual 18 years of age or older. (2) "Coercion" means: (A) the use or threat of force against, abduction of, serious harm to, or physical restraint of, an individual; (B) the use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of, an individual; (C) the abuse or threatened abuse of law or legal process; (D) controlling or threatening to control an individual's access to a controlled substance as defined in 19 V.I.C. §§ 593(7) and 595, and any drug that has been declared by the Virgin Islands, state, or federal law to be illegal for sale, use, or possession unless lawfully dispensed under a prescription or over the counter; (E) the destruction or taking of or the threatened destruction or taking of an individual's identification document or other property; (F) the use of debt bondage; (G) the use of an individual's physical or mental impairment when the impairment has a substantial adverse effect on the individual's cognitive or volitional function; or (H) the commission of civil or criminal fraud. (3) "Commercial sexual activity" means sexual activity for which anything of value is given to, promised to, or received by a person. (4) "Debt bondage" means inducing an individual to provide: (A) commercial sexual activity in payment toward or satisfaction of a real or purported debt; or (B) labor or services in payment toward or satisfaction of a real or purported debt if: (i) the reasonable value of the labor or services is not applied toward the liquidation of the debt; or (ii) the length of the labor or services is not limited and the nature of the labor or services is not defined. (5) "Human trafficking" means the commission of an offense created under sections 133 through 137. (6) "Identification document" means a passport, driver's license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government. (7) "Knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard of an element, fact, or circumstance. (8) "Labor or services" means activity having economic value. (9) "Minor" means an individual under 18 years of age. (10) "Person" means an individual, estate, business, or nonprofit entity, or other legal entity. The term does not include a public corporation, or government or governmental subdivision, agency, authority, or instrumentality of the government. (11) "Serious harm" means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor, or services, or sexual activity to avoid incurring the harm. (12) "Sexual activity" means, cunnilingus, fellatio, anal intercourse, intrusion by any object into the genital or anal opening of another's body, and the stimulation by hand or an object of another individual's genitals or breasts for the purpose of arousing or gratifying the sexual desire of any individual. The term includes a sexually-explicit performance. (13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by a state. (14) "Victim" means an individual who is subjected to human trafficking or to conduct that would have constituted human trafficking had this chapter been in effect when the conduct occurred, regardless of whether a perpetrator is identified, apprehended, prosecuted, or convicted. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 105, 106.

(a) A person commits the offense of trafficking an individual if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of: (1) forced labor in violation of section 134; or (2) sexual servitude in violation of section 135. (b) Trafficking an individual who is an adult is a felony punishable by imprisonment for not more than 25 years. (c) Trafficking an individual who is a minor is a felony punishable by imprisonment for not less than 25 years. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 107.

(a) A person commits the offense of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except when such conduct is permissible under federal law or law of the Virgin Islands other than this chapter. (b) Forced labor of an individual who is an adult is a felony punishable by imprisonment not more than 30 years and a fine of not more than $25,000. (c) Forced labor of an individual who is a minor is a felony punishable by imprisonment for not more than 30 years and a fine of not more than $40,000. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 107.

(a) A person commits the offense of sexual servitude if the person knowingly: (1) maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activities; or (2) uses coercion or deception to compel an adult to engage in commercial sexual activity. (b) It is not a defense in a prosecution under subsection (a)(1) that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult. (c) Sexual servitude under subsection (a)(1) is a felony punishable by imprisonment for life or a term of years but not less than 30 years and a fine of not more than $100,000. (d) Sexual servitude under subsection (a)(2) is a felony punishable by imprisonment of not less than 30 years, but not more than 50 years. History: Added Mar. 5, 2005, No. 6730, § 8, Sess. L. 2005, p. 70.

(a) A person commits the offense of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that an individual may engage in commercial sexual activity with another individual and the person knows that the other individual is a victim of sexual servitude. (b) Patronizing a victim of sexual servitude who is an adult is a felony punishable by imprisonment of not more than 10 years. (b) Patronizing a victim of sexual servitude who is a minor is a felony punishable by imprisonment for not more than 20 years. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 108.

(a) A person commits the offense of patronizing a minor for commercial sexual activity if: (1) with the intent that an individual engage in commercial sexual activity with a minor, the person gives, agrees to give, or offers to give anything of value to a minor or another person so that the individual may engage in commercial sexual activity with a minor; or (2) the person gives, agrees to give, or offers to give anything of value to a minor or another person so that an individual may engage in commercial sexual activity with a minor. (b) Patronizing a minor for commercial sexual activity under subsection (a)(1) is a felony punishable by imprisonment for not more than 15 years. (c) Patronizing a minor for commercial sexual activity under subsection (a)(2) is a felony punishable by imprisonment for not more than 10 years. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 108.

(a) A person that is a business entity may be prosecuted for an offense under sections 133 through 137 only if: (1) the entity knowingly engages in conduct that constitutes human trafficking; or (2) an employee or nonemployee agent of the entity engages in conduct that constitutes human trafficking and the conduct is part of a pattern of activity in violation of this chapter for the benefit of the entity, which the entity knew was occurring and failed to take effective action to stop. (b) When a person that is a business entity is prosecuted for an offense under sections 133 through 137, the court may consider the severity of the entity's conduct and order penalties in addition to those otherwise provided for the offense, including: (1) a fine of not more than $1,000,000 per offense; (2) disgorgement of profit from activity in violation of this chapter; and (3) debarment from government contracts. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 108, 109.

(a) An aggravating circumstance during the commission of an offense under section 133, 134, or 135 occurs when the defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault, runaway youth, foster children, or the homeless. (b) If the trier of fact finds that an aggravating circumstance occurred during the commission of an offense under section 133, 134, or 135, the defendant may be imprisoned for not more than 10 years in addition to the period of imprisonment prescribed for the offense. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 109.

(a) The court shall order a person convicted of an offense under section 133, 134, or 135 to pay restitution to the victim of the offense for: (1) expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorney's fees and costs; and (2) an amount equal to the greatest of the following, with no reduction for expenses the defendant incurred to maintain the victim: (A) the gross income to the defendant for, or the value to the defendant of, the victim's labor, or services, or sexual activity; (B) the amount the defendant contracted to pay the victim; or (C) the value of the victim's labor, or services, or sexual activity, calculated under the minimum- wage and overtime provisions of the Fair Labor Standards Act, 29 U.S.C. §201 et seq., or the Fair Labor Standards under 24 V.I.C. § 1 et seq. whichever is higher, even if the provisions do not apply to the victim's labor or services or sexual activity. (b) The court shall order restitution under subsection (a) even if the victim is unavailable to accept payment of restitution. (c) If the victim does not claim restitution ordered under subsection (a) for five years after entry of the order, the restitution must be paid to the victim's compensation fund to help other victims. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 109.

(a) On motion, the court shall order a person convicted of an offense under section 133, 134, or 135 to forfeit any interest in real or personal property that: (1) was used or intended to be used to commit or facilitate the commission of the offense; or (2) constitutes proceeds or was derived from proceeds that the person obtained, directly or indirectly, as a result of the offense. (b) In a proceeding against real or personal property under this section, the person convicted of the offense may assert a defense that the forfeiture is manifestly disproportional to the seriousness of the offense. The person has the burden to establish the defense by a preponderance of the evidence. (c) Proceeds from the public sale or auction of property forfeited under subsection (a) must be distributed in the manner provided for the distribution of the proceeds of criminal forfeitures under 14 V.I.C. § 608, but the Attorney General shall ensure that proceeds from the public sale or auction of property forfeited are distributed first to a victim who has been awarded restitution or obtained a judgment in a civil action for a human trafficking offense, such as the action authorized by section 147. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 110.

In an investigation of or a prosecution for an offense under this chapter, law-enforcement officers and the Attorney General's Office shall keep confidential the identity, pictures, and images of the alleged victim and the family of the alleged victim, except to the extent that disclosure is: (1) necessary for the purpose of investigation or prosecution; (2) required by law or court order; or (3) necessary to ensure provision of services or benefits for the victim or the victim's family. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 110.

In a prosecution for an offense under this chapter or a civil action under section 147, evidence of a specific instance of the alleged victim's past sexual behavior, or reputation, or opinion evidence of past sexual behavior of the alleged victim is not admissible unless the evidence offered pursuant to Virgin Islands Rule of Evidence 412(b) is offered by the prosecution to prove a pattern of human trafficking by the defendant. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 110.

(a) An individual is not criminally liable or subject to a juvenile-delinquency proceeding for prostitution or other nonviolent crimes if the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim. (b) An individual who has engaged in commercial sexual activity is not criminally liable or subject to a juvenile-delinquency proceeding for prostitution if the individual was a minor at the time of the offense. (c) A minor who under subsection (a) or (b) is not subject to criminal liability or a juvenile-delinquency proceeding is presumed to be a person in need of supervision as defined in 5 V.I.C. § 2502(23). (d) This section does not apply in a prosecution or a juvenile-delinquency proceeding for patronizing a prostitute. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 110, 111.

An individual charged with prostitution or other nonviolent offenses committed as a direct result of being a victim may assert an affirmative defense that the individual is a victim. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 111.

(a) An individual convicted of prostitution or other nonviolent offenses committed as a direct result of being a victim may apply by motion to the Superior Court to vacate the conviction and expunge the record of conviction. The court may grant the motion on a finding that the individual's participation in the offense was a direct result of being a victim. (b) No official determination or documentation is required to grant a motion by an individual under subsection (a), but an official determination or documentation from a federal, state, local, or tribal agency that the individual was a victim at the time of the offense creates a presumption that the individual's participation was a direct result of being a victim. (c) A motion filed under subsection (a), any hearing conducted on the motion, and any relief granted are governed by 5 V.I.C., ch. 314. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 111.

(a) A victim may bring a civil action against a person that commits an offense against the victim under section 133, 134, or 135 for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. (b) If a victim prevails in an action under this section, the court shall award the victim reasonable attorney's fees and costs. (c) An action under this section must be commenced not later than 10 years after the later of the date on which the victim: (1) no longer was subject to human trafficking; or (2) attained 18 years of age (d) Damages awarded to a victim under this section for an item must be offset by any restitution paid to the victim pursuant to section 140 for the same item. (e) This section does not preclude any other remedy available to a victim under federal law or law of the Virgin Islands other than this chapter. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 111, 112.

(a) The Council on Human Trafficking is established in the Virgin Islands Department of Justice. The Governor shall appoint the chair and members of the Council. Members must include representatives of: (1) the Department of Justice, Office of the Attorney General, the Department of Human Services, the Virgin Islands LawVirgin Islands Lawing Commission, the Virgin Islands Criminal Victims Compensation Commission, and such other departments and agencies of the Government having contact with victims of crimes; (2) non-governmental organizations that represent, advocate for, or provide services to victims; and (3) other organizations and individuals, including victims, whose expertise would benefit the Council. (b) Members of the Council shall serve four-year terms and may be reappointed. (c) The Government agencies represented on the Council established under this section shall provide staff and administrative services to the Council. (d) The Council established under this section shall meet on a regular basis and: (1) develop a coordinated and comprehensive plan to provide victims with services; (2) collect and evaluate data on human trafficking in the Virgin Islands and submit an annual report to the Governor and the Legislature; (3) promote public awareness about human trafficking, victim remedies and services, and trafficking prevention; (4) create a public-awareness sign that contains the Virgin Islands and National Human Trafficking Resource Center hotline information; (5) coordinate training on human trafficking prevention and victim services for Government employees who may have recurring contact with victims or perpetrators; and (6) conduct other appropriate activities. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 112.

(a) The Department of Justice shall cause to be displayed a public-awareness sign that contains the Virgin Islands and the National Human Trafficking Resource Center hotline information in every airport, marine transportation terminal facility rest area, and visitors center in the Territory, which are open to the public. (b) An employer shall display the public-awareness sign described in subsection (a) in a place that is clearly conspicuous and visible to employees and the public at each of the following locations in the Virgin Islands at which the employer has employees: (1) a strip club or other sexually-oriented business; (2) a business entity found to be a house of prostitution under 14 V.I.C. § 1624; (3) a job-recruitment center; (4) a hospital; or (5) an emergency-care provider. (b) The Virgin Islands Department of Labor shall impose a $500 fine per violation on an employer that knowingly fails to comply with subsection (b). History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 113.

(a) A victim is eligible for a benefit or service available through the Criminal Victims Compensation Commission and other agencies identified in the plan developed under section 148(d)(1), regardless of immigration status. (b) A minor who has engaged in commercial sexual activity is eligible for a benefit or service available through the Department of Human Services and other agencies identified in the plan developed under section 148(d)(1), regardless of immigration status. (c) As soon as practicable after a first encounter with an individual who reasonably appears to the Department of Justice, the Department of Human Services, or other department or agency of the Government to be a victim or a minor who has engaged in commercial sexual activity, the department or agency shall notify the appropriate agency identified in the comprehensive plan developed under section 148(d)(1) that the individual may be eligible for a benefit or service under the law of the Virgin Islands. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 113.

(a) "Abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. (b) An abortion may be performed in this Territory only with the written consent of the pregnant female and only if it is performed: 1. within, up to and including 12 weeks after the commencement of pregnancy, by a physician licensed to practice medicine in this Territory or by a physician practicing medicine in the employ of the government of the Virgin Islands; 2. after 12 weeks, up to and including 24 weeks after the commencement of the pregnancy, by a surgeon or gynecologist licensed to practice medicine in this Territory or by a surgeon or gynecologist practicing medicine in the employ of the government of the Virgin Islands, and the abortion is performed in a hospital licensed by the Department of Health; and 3. after 24 weeks of pregnancy only if the provisions of paragraph 2 of this subsection are complied with and the surgeon or gynecologist has reasonable cause to believe that there is substantial risk that the continuation of pregnancy will endanger the life or health of the pregnant female. History: Amended Apr. 8, 1973, No. 3414, § 1, Sess. L. 1973, p. 41. Cite as: 14 V.I.C. § 151 v2

(a) To the extent that funds are appropriated for this purpose, the Virgin Islands Law Enforcement Planning Committee may make a grant to the Council for Human Trafficking or nongovernmental victim's service organization to develop or expand service programs for victims. (b) A recipient of a grant or contract under subsection (a) shall report annually to the Council established by section 148, the Law Enforcement Planning Commission, the Governor, and the Legislature of the Virgin Islands the number and demographic information of all victims receiving services under the grant or contract. History: Added July 9, 2018, No. 8059, § 1, Sess. L. 2018, p. 114.

No public or private organization or society shall be created for the purpose of soliciting candidates for abortion; however, this provision shall in no way be construed to restrict the legitimate activities of the Family Planning Clinic conducted by the Department of Health. History: Added Apr. 8, 1973, No. 3414, § 1, Sess. L. 1973, p. 42. Cite as: 14 V.I.C. § 153 v2

Except in case of emergency, no physician, nurse or any other hospital personnel shall be required to perform, assist or in any other way associate himself with the performance of an abortion, and no such physician, nurse or other hospital personnel may be held civilly or criminally liable for his refusal to participate in the performance of an abortion. History: Added Apr. 8, 1973, No. 3414, § 1, Sess. L. 1973, p. 42. Cite as: 14 V.I.C. § 154 v2

The Commissioner of Health shall prescribe rules and regulations for the implementation and enforcement of this chapter, not inconsistent with the provisions hereof. History: Added Apr. 8, 1973, No. 3414, § 1, Sess. L. 1973, p. 42.

Any person who performs or procures an abortion other than as authorized by this chapter is guilty of a felony and, upon conviction thereof, may be fined not exceeding $1,000 or imprisoned not exceeding 5 years, or both. History: Added Apr. 8, 1973, No. 3414, § 1, Sess. L. 1973, p. 42.

The following terms, wherever used or referenced in this chapter, shall have the following meanings, unless a different meaning clearly appears from the context: (a) "Adequate care" means the provision of adequate food, clean water, shelter, sanitary conditions, exercise, rest, and veterinary medical attention in order to maintain the animal in a state of good health. (b) "Adequate food" means the provision, at suitable intervals, of wholesome foodstuff, suitable for the species and age of the animal and adequate to maintain a reasonable level of nutrition to allow for proper growth and weight in the animal, all of which foodstuff is served in a safe clean dish or container. (c) "Animal" means any non-human mammal, bird, reptile or amphibian but does not include any pest that might be exterminated. (d) "Animal impound" means any premises designated by the Commissioner of Agriculture, or his designated agent, for the purpose of impounding and caring for animals. (e) "To cause or permit unjustifiable pain" includes overloading, overworking, overdriving, over exercising, tormenting, unjustifiably beating or cruelly whipping an animal, using a disabled animal, maliciously abandoning or restraining an animal. (f) "Humane society" and "animal shelter" mean a non-profit corporation organized under the laws of the Virgin Islands as a humane society or shelter, or as a society or shelter for the prevention of cruelty to animals. (g) "Maliciously" means intentionally acting with a depravity of mind or reckless and wanton disregard for life. (h) "Neglect" means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized. (i) "Owner" means any person that (1) has a right of property in an animal, (2) keeps or harbors an animal, (3) has an animal in his care, or (4) acts as a custodian of an animal. (j) "Person" includes any individual, partnership, corporation or association. (k) "Serious physical injury" means any injury that results in a serious or permanent impairment of a bodily function, leaves the animal disfigured or causes prolonged pain or impairment of health. (l) "Shelter" means continuous and adequate protection from the elements, suitable for the age and species of animal and weather conditions, to maintain the animal in a state of good health, including appropriate space or provisions for adequate exercise. (m) "State of good health" means freedom from disease and illness and in a condition of proper cleanliness, body weight, and temperature for the age and species of the animal, unless the animal is undergoing appropriate medical treatment. (n) "Unnecessarily kills an animal" means an act that is not reasonably necessary to terminate an animal's suffering, to protect the life of the actor or another person or animal, or if other means of disposing of an animal exist which would not impair the health or well being of the animal. (o) "Provision of adequate water" means provision of potable water made continuously available in a safe, clean dish, receptacle or container. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, pp. 142, 143; amended May 28, 2005, No. 6732, § 14(1), Sess. L. 2005, p. 153.

Any person who maliciously or unnecessarily: (a) kills any animal; or (b) tortures, maims, mutilates, disfigures, wounds, or inflicts unjustifiable pain on any animal; or (c) forces, causes or induces a minor to maliciously or unnecessarily kill, torture, maim, mutilate; maliciously disfigure, wound or inflict unjustifiable pain on any animal; or (d) causes or permits the cropping of any animal's ears or the docking of any animal's tail by a person other than a licensed veterinarian; or (e) uses or traps to use domestic dogs, cats or any other animal as bait, prey or target or other malicious activities, including for the purpose of, but not limited to, training dogs or other animals to fight, excluding adult, male fowl used for the sport of cockfighting; or (f) administers any poison to an animal or exposes any poisonous substance with the intent that the substance be taken or swallowed by the animal shall, for each offense, be guilty of a felony punishable by imprisonment not exceeding two (2) years and fined not less than $2,000, but not exceeding $5,000. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, pp. 143, 144; amended May 28, 2005, No. 6732, § 14(2), Sess. L. 2005, p. 153.

Any person who intentionally or knowingly: (a) causes, permits or inflicts unjustifiable or repeated physical pain, suffering or injury to any animal; or (b) leads any animal from any vehicle or from a trailer drawn by a motor vehicle in a malicious or negligent manner; or (c) transports an animal in a malicious manner or causes an animal to be transported in a malicious manner that results in unreasonable pain and suffering; or (d) maliciously kills, wounds or traps any bird; destroys any bird's nest; or removes any eggs or young birds from any nest shall, for every such offense, be guilty of a misdemeanor punishable by imprisonment not exceeding one (1) year or a fine of $500. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 144; amended May 28, 2005, No. 6732, § 14(3), Sess. L. 2005, p. 153.

Any person who intentionally, knowingly, recklessly or negligently: (a) fails to provide an animal in such person's custody or control with adequate care, and such failure causes serious physical injury or death to the animal; or (b) abandons an animal or causes an animal to be abandoned in any place without making provisions for the animal's adequate care, unless the premises are temporarily vacated for the protection of human life during disaster; or (c) disposes of any live animal at or into a dumpster or at any garbage disposal site; or (d) allows an animal, including one who is aged, diseased, maimed, hopelessly sick, disabled or nonambulatory to suffer torture or unnecessary neglect or pain; or (e) while operating a motor vehicle, hits or injures any animal and fails to make all reasonable efforts to contact the owner of the animal and otherwise attend to the animal's medical well-being; or (f) confines an animal in a motor vehicle or other enclosed space in which the temperature is so high as to cause or threaten serious harm to the animal; shall, for every such offense, be guilty of a misdemeanor punishable by a fine not exceeding $3,000 and up to 500 hours of community service. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, pp. 144, 145; amended May 28, 2005, No. 6732, § 14(4), Sess. L. 2005, p. 153.

(a) Any person who intentionally, knowingly, recklessly or negligently fails to provide adequate care for an animal in such person's custody and such failure causes the animal needless suffering shall, for every such offense, be guilty of a misdemeanor punishable by a fine of up to $500 and up to one hundred (100) hours of community service. (b) If any domestic animal is at any time confined and continues to be confined without necessary food and water for more than 24 consecutive hours, it is lawful for any person designated by the Department of Agriculture, or any peace officer from time to time, as may be considered necessary, to enter into and upon any pound or area in which the animal is confined, and supply it with necessary food and water so long as it remains so confined. Such a person is not liable for the entry and may collect the reasonable cost of the food and water from the owner of the animal, and the owner is subject to enforcement of a money judgment for the reasonable cost of such food and water. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 145; amended May 28, 2005, No. 6732, § 14(5), Sess. L. 2005, p. 153.

(a) If a person is convicted of any offense defined in sections 181, 182, 183 and 184 of this chapter, the court shall, in addition to any other sentence or penalty imposed, enter an order enjoining the person from acting as a custodian of any animal for a period of not less than five years from the date of sentence, or from the person's release from custody, if a term of custody is imposed, or for a greater period, up to twenty years, in the discretion of the court. To the extent that the duration of an order coincides with the term of, probation imposed, as a result of such conviction, a violation of an order shall be treated as a violation of probation, and punished as such; otherwise, any violation of an order shall be treated as criminal contempt of court and punished as such. (b) (1) If a defendant is granted probation for a conviction under this section, the court shall order the defendant to pay for, and successfully complete, counseling as determined by the court, designed to evaluate and treat behavior or conduct disorders. If the court finds that the defendant is financially unable to pay for the counseling, the court may develop a sliding fee schedule based on the defendant's ability to pay. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. (2) The counseling specified in paragraph (1) of this subsection shall be in addition to any other terms and conditions of probation, including any term of imprisonment and any fine. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 146; amended May 28, 2005, No. 6732, § 14(6), (7), Sess. L. 2005, p. 153.

(a) There is established a special fund in the Treasury of the Virgin Islands known as the Animal Abuse Fund, referred to as the "Fund". The Commissioner of Finance shall provide for the administration of the Fund as a separate fund in the Treasury of the Virgin Islands. (b) The Fund consists of all sums appropriated thereto from time to time by the Legislature of the Virgin Islands, all fines collected under sections 181, 182, 183 and 184 of this chapter, and such other monies, grants, contributions, gifts and bequests, federal or local, as may be made thereto that the Commissioner of Finance is hereby authorized to accept and deposit therein. (c) There is appropriated from the General Fund in each fiscal year, a sum of not less than $100,000 to be deposited into the Fund for the purpose of implementing the provisions of this chapter. (d) Monies in the Fund must be used solely for the purposes stated in this subsection and for no other purpose. The Commissioner of Finance shall disburse monies from the Fund solely for non-reimbursed expenses incurred by a Humane Society, Animal Shelter, licensed veterinarian, or animal impound pursuant to this chapter, and expenses for cruelty prevention or education programs. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature on the status of the Fund. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, pp. 146, 147.

(a) Any employee of the Department of Agriculture appropriately designated by the Commissioner of Agriculture, any peace officer, animal warden or agent of a Humane Society or Animal Shelter designated by the Commissioner of Agriculture pursuant to title 19, section 2604 of the Virgin Islands Code, who becomes aware of any animal that the officer, warden or agent determines, in his sole discretion, to be an apparent victim of animal abuse or neglect as defined under this chapter, shall take possession of the animal and shall deliver the animal to a Humane Society, Animal Shelter, Animal Impound or licensed veterinarian to be sheltered, cared for and given medical attention, if necessary. If the animal is taken to a licensed veterinarian, the officer, warden or agent shall notify the appropriate Animal Shelter or Humane Society of that fact. Any employee of the Department of Agriculture appropriately designated by the Commissioner of Agriculture, peace officer, animal warden or agent of a Humane Society or Animal Shelter designated by the Commissioner of Agriculture pursuant to title 19, section 2604 of the Virgin Islands Code, acting pursuant to this section may take any action that such officer, warden or agent considers, in his sole discretion, reasonably necessary to seize such animal so endangered and to remove the threat of further harm to the animal, and no such officer, warden, veterinarian or agent, or his employers, or the Government of the Virgin Islands shall be liable for any harm or damages of whatever nature caused by such action or for any other action taken pursuant to this chapter. (b) The veterinarian, animal warden or agent of a Humane Society, Animal Shelter, or animal impound receiving an animal from the Department of Agriculture pursuant to this section may humanely euthanize the animal, if such veterinarian, warden or agent, in his sole discretion, determines that the animal is injured or diseased past recovery, or that the animal's continued existence is inhumane and that euthanizing the animal is necessary to relieve pain or suffering. (c) It is the duty of any veterinarian licensed in the Virgin Islands to report to the Police Department, Department of Justice, Department of Agriculture, any peace officer or other appropriate enforcement agency, any animal found, reasonably known or believed to be abandoned, neglected or abused as defined in this chapter, and such veterinarian is not subject to any civil or criminal liability for such reporting or for participating in an investigation of animal abuse or neglect, if done in good faith. (d) If an animal seized under subsection (a) of this section is not euthanized pursuant to subsection (b), the Animal Shelter, Humane Society or animal impound in possession of the animal, or notified of a veterinarian's possession of the animal, shall make reasonable efforts to notify the owner or custodian of the animal of such seizure pursuant to the terms of paragraphs (1) and (2) of this subsection. (1) If the identity and the mailing address of the custodian or owner are known, written notice of seizure shall be given and shall be deposited in the postal service, postage pre-paid and certified. (2) The notice shall include all of the following: (A) The name, business address, and telephone number of the officer providing the notice and the date of the notice. (B) A description of the animal seized, including any identification upon the animal. (C) The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized. (D) A statement that, in order to receive a post-seizure hearing, the owner or person authorized to keep the animal, or his agent, shall request the hearing pursuant to the procedures set forth in subsection (e) of this section. (E) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost. (F) Notice is deemed accomplished three days after the mailing of the notice, and in no event may proof of receipt of such notice be required. (G) If the identity of the custodian or owner is known, but the custodian or owner's mailing address is unknown, notice of seizure shall be given either by delivery of written notice to the custodian or owner, in which case, notice shall be deemed accomplished upon delivery or by the procedures set forth in subparagraph (H) of this paragraph. (H) If the identity of the custodian or owner is unknown, notice of seizure shall be given either by posting for written notice thereof at the physical location of such seizure or by publishing written notice thereof in a newspaper of general circulation on the island of seizure, and notice shall be deemed accomplished three days after such posting or publication. (e) The owner or custodian of the seized animal must deliver to the Animal Shelter, Humane Society or animal impound written notice of the owner's or custodian's desire to contest the seizure of the animal and to regain custody of the animal within three days after delivery of such notice. To be considered effective, the notice of the owner or custodian of the seized animal must set forth the owner's or custodian's physical address and mailing address. If the owner or custodian of the animal fails to deliver such notice within the specified period, then the owner or custodian shall be deemed to have relinquished all legal and custodial rights to such animal and to have delivered such animal to the ownership and custody of the Department of Agriculture. (f) If the owner or custodian of the animal delivers the notice set forth in subsection (e) within the stated period, the Commissioner of Agriculture, within five days after receipt of such notice shall hold an administrative hearing to make a determination as to whether the animal should have been removed. After a determination that the animal should have been removed, the Commissioner shall file a complaint in the Superior Court setting forth the facts and circumstances relating to the seizure of the animal and such facts as he has been able to determine relating to the animal's care, custody, and condition and requesting that legal and custodial rights to such animal be transferred to the Animal Shelter or Humane Society. A copy of such a complaint shall be served on the owner or custodian of the animal. (g) If the owner or custodian of the animal wishes to dispute the allegations of the complaint or the requested relief, he shall file an answer to the complaint within 10 days after service, setting forth his response to the allegations of the complaint. If no such answer is filed within the ten-day time limit, the legal and custodial rights to the animal shall be deemed transferred to the Animal Shelter or Humane Society, and the court shall, on application of the Department of Agriculture and the consent of the Animal Shelter or Humane Society, enter an order to that effect. If an answer is filed, the court shall hold a hearing on the merits of the matter within 30 days thereafter. Neither party shall have the right to trial by jury at such a hearing. (h) At the adjudicatory hearing, the Department of Agriculture shall bear the burden of proving by preponderance of evidence that the seized animal was neglected or abused as defined in this chapter, and that the owner or custodian was either responsible for or had or should have had knowledge of the abuse or neglect. If the court so finds, the court shall enter an order transferring legal and custodial rights to the animal to the Department of Agriculture and shall enter judgment against the owner or custodian for an amount pursuant to subsection (i) of this section. (i) The owner or custodian of such animal shall be liable to the Department of Agriculture, Humane Society, Animal Shelter, or licensed veterinarian for the payment of such care keeping and medical attention provided to the animal from the date of its delivery to the date of its release. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, pp. 147-151.

Whoever permits donkeys, horses, mules, sheep, cattle, hogs or goats to stray at large so as to create a menace or hazard upon any public road, street or highway shall be fined not more than $1,000 or imprisoned not more than one year, or both. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 151.

For purposes of this chapter and in accordance with 19 V.I.C., chapter 66, it is unlawful for any person owning, controlling, or having in their care or custody any dog, whether licensed or unlicensed, to permit the dog to be upon any public street, alley, public beaches, or public place, or private places open to the public, or upon any unenclosed land or property unless the dog is upon a leash, not exceeding six feet in length, and in the hands of a person capable of controlling the dog. Any person violating this provision shall be fined not less than $200, but not exceeding $1,000. History: Added May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 151; amended Aug. 8, 2018, No. 8064, § 2, Sess. L. 2018, p. 130.

Whoever, owning a ferocious, vicious, or mischievous animal and knowing its propensities- (1) willfully suffers it to go at large; or (2) keeps it without ordinary care- and such animal while so at large, or while not kept with ordinary care, kills or seriously injures any human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, shall be fined not more than $100 or imprisoned not more than 180 days, or both. History: Renumbered May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 142.

Any person not entitled to the possession of any animal who, without the consent of the owner of said animal and with intent to deprive the owner, temporarily or permanently, of the animal or its possession, takes, uses or rides said animal is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than one year or both. History: Added Oct. 19, 1976, No. 3897, Sess. L. 1976, p. 213; July 7, 1981, No. 4576, Sess. L. 1981, p. 72; renumbered May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 142.

(a) Whoever imports into the Virgin Islands any snake of any kind, without the prior written permission of the Department of Agriculture, shall be fined not more than $10,000. (b) Whoever willfully frees within the Virgin Islands any non-indigenous snake of any kind shall be fined not more than $5,000. (c) Whoever imports or causes the importation or introduction of, any animal or species into the Virgin Islands that is not indigenous to the Virgin Islands or which may pose a threat to the ecosystem of the Virgin Islands or the residents of the Virgin Islands shall be subject to a fine of not less than $10,000 and imprisonment of two (2) years, or both. (d) Any species having the potential to spread serious diseases or parasites, to cause serious physical harm, or to otherwise endanger human life, native wildlife, livestock, domestic "animals" or "property" as determined by the Commissioner of Agriculture, may not be imported into the territory, and any person found guilty of violating this subsection is punishable by a fine of not more than $10,000. (e) All fines collected under this section must be covered into the Fish and Wildlife Restoration Trust Fund established in 12 V.I.C. § 81d for the purposes of assisting with the regulation of the importation and the control of the population growth of the species listed in subsection (c) in order to improve the habitat of the Territory's native species. History: Added Apr. 7, 1978, No. 4119, § 1, Sess. L. 1978, p. 56; renumbered May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 142; amended Dec. 31, 2020, No. 8394, § 1(1), (2), Sess. L. 2020, p. 239; amended Dec. 6, 2021, No. 8514, § 1(a)-(e), Sess. L. 2021, p. 223.

[Renumbered] Any person not entitled to the possession of any animal or animals, who with the intent to permanently deprive the owner of the same, kills the animal or animals for the purpose of procuring the meat for his own personal use or to sell the meat or carcass for personal gain is, if the total value of the animal or animals is $100 or more, guilty of a felony and shall be subject to imprisonment for not more than two years or a fine of not more than $1000 or both. History: Added Oct. 20, 1981, No. 4642, Sess. L. 1981, p. 244; renumbered May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 142.

Or Interference; Penalty; Restitution [Renumbered] (a) Any person who willfully and maliciously and with no legal justification strikes, beats, kicks, stabs, shoots with a firearm, administers any poison or other harmful or stupefying substance to, or throws, hurls, or projects at, or places any rock, object, or other substance which is used in such a manner as to be capable of producing injury and is likely to produce injury, on or in the path of, any dog, under the supervision of, or any horse being used by, any peace officer in the discharge or attempted discharge of his duties, is guilty of a felony and shall be subject to a fine of not more than $2000 or imprisonment for not more than 2 years, or both. (b) Any person who willfully and maliciously and with no legal justification interferes with or obstructs any dog or horse being used by a peace officer in the discharge or attempted discharge of his duties by frightening, teasing, agitating, harassing, or hindering the dog or horse shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1000 or imprisonment for not more than 1 year, or both. (c) Any person who, in violation of this section, and with intent to inflict such injury or death, causes the death, destruction, or serious physical injury, including but not limited to, bone fracture, loss or impairment of function of any bodily member, wounds requiring extensive suturing, or crippling, of any dog or horse, shall upon conviction of a felony under subsection (a) of this section be subject to a term of imprisonment of one (1) year in addition and consecutive to the punishment prescribed for such felony. (d) In any case in which a defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the agency, department, independent instrumentality or subdivision of the Government of the Virgin Islands owning the animal or employing the peace officer for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the peace officer for the period of time his services are lost to the Government. History: Added Oct. 16, 1987, No. 5284, § 3, Sess. L. 1987, p. 139; renumbered May 5, 2005, No. 6731, § 1, Sess. L. 2005, p. 142.

Whoever, maliciously and without probable cause, procures a search warrant or warrant of arrest to be issued and executed, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, being a public officer, under pretense or color of any process or other legal authority- (1) arrests any person or detains him against his will; (2) seizes or levies upon any property; or (3) dispossesses any one of any lands or property- without a regular process or other lawful authority therefor, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, being a male person over eighteen years of age, willfully neglects or refuses to aid and assist in- (1) taking or arresting any person against whom there may be issued any process; (2) retaking any person who, after being arrested or confined, may have escaped from such arrest or confinement; or (3) preventing any breach of peace, or the commission of any crime- being thereto lawfully required by any marshal or other officer concerned with the administration of justice, shall be fined not more than $200.

As used in this chapter, unless the context requires a different meaning- "arson" means the willful and malicious burning of a building of another with intent to destroy it; "bomb" means any explosive, incendiary or poison gas device that may be detonated under specified conditions. "building" means any vehicle, house, edifice, structure, vessel, or other erection, capable of affording shelter to human beings, or appurtenant to or connected with an erection so adapted; "building of another" means a building, or any part thereof, which at the time of the burning, was rightfully in the possession of, or was actually occupied by, a person other than the accused, and does not mean that a person other than the accused shall have had ownership in the building; "burns" means applying fire so as to take effect upon any part of the substance of the building and does not mean that the building shall have been destroyed; and "chemical, biological or radioactive substance" means any such substance which by its composition or use may be harmful to human life. "inhabited building" means any building which has usually been occupied by any person lodging therein at night. History: Amended Feb. 21, 2002, No. 6500, § 2, Sess. L. 2002, p. 209.

(a) A person is guilty of arson in the first degree when, with intent to destroy or damage a building, or while in the commission of any felony, he starts a fire or causes an explosion, and: (1) the building is inhabited or occupied, or the person has a reason to believe the building may be inhabited or occupied; or (2) it is a structure where persons are normally present, such as: jails, prisons or detention centers; hospitals, nursing homes or other health care facilities; department stores, office buildings, business establishments, churches or educational institutions during normal hours of occupancy; or other similar structures; or (3) any other person sustains serious physical injury as a result of the fire or explosion or the firefighting as a result thereof. (b) A person guilty of arson in the first degree shall be imprisoned not more than twenty (20) years. (c) If the offender is a juvenile, the sentence shall be not less than two years of community service, or incarceration in a juvenile detention center for such time as the sentencing authority shall deem appropriate if, in the opinion of such authority, a suitable juvenile detention center is available in the Virgin Islands. History: Added July 19, 2013, No. 7492, § 1, Sess. L. 2013, p. 27-28.

Whoever maliciously burns any building of another with intent to destroy it under circumstances not amounting to arson in the first degree, shall be imprisoned not more than 10 years.

(a) Whoever willfully and maliciously burns any bridge exceeding $50 in value, or any building or vessel, not the subject of arson, or any growing or standing crop, grass or tree, or any fence not the property of such person, shall be imprisoned not more than 10 years. (b) Whoever wilfully and unlawfully burns or damages or destroys or injures any person or any real or personal property by the use of any explosives shall be guilty of a felony and shall be imprisoned for not less than five (5) years and not more than ten (10) years. History: Amended Feb. 12, 1971, No. 2937, § 1, Sess. L. 1970, p. 428.

Whoever willfully and maliciously or negligently sets on fire any goods, grasses or shrubbery or other property, on any lands, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever willfully and maliciously or negligently causes a bomb to be placed on any property which causes fire or concussion damage leading to a fire on property has committed arson in the first degree and shall be fined $50,000 and imprisoned for 20 years. History: Added Feb. 21, 2002, No. 6500, § 3, Sess. L. 2002, p. 210.

Whoever- (1) attempts to commit a battery; or (2) makes a threatening gesture showing in itself an immediate intention coupled with an ability to commit a battery-commits an assault.

Whoever uses any unlawful violence upon the person of another with intent to injure him, whatever be the means or the degree of violence used, commits an assault and battery.

(a) Violence used to the person does not amount to an assault or an assault and battery- (1) in the exercise of the right of moderate restraint or correction given by the law to the parents over the child, the guardian over the ward, the master over his apprentice or minor servant, whenever the former be authorized by the parent or guardian of the latter so to do; (2) for the preservation of order in a meeting for religious or other lawful purposes, in case of obstinate resistance to the person charged with the preservation of order; (3) the preservation of peace, or to prevent the commission of offenses; (4) in preventing or interrupting an intrusion upon the lawful possession of property, against the will of the owner or person in charge thereof; (5) in making a lawful arrest and detaining the party arrested, in obedience to the lawful orders of a magistrate judge or court, and in overcoming resistance to such lawful order; or (6) in self defense or in defense of another against unlawful violence offered to his person or property. (b) In all cases mentioned in subsection (a) of this section, where violence is permitted to effect a lawful purpose, only that degree of force must be used which is necessary to effect such purpose. History: Amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

No verbal provocation justifies an assault and battery, but insulting and abusive words may be given in evidence in mitigation of the punishment affixed to the offense.

Whoever- (1) with intent to commit murder, assaults another; (2) with intent to kill, administers or causes to be administered to another, any poison or other noxious or destructive substance or liquid, and death does not result; (3) with intent to commit rape, sodomy, mayhem, robbery or larceny, assaults another; or shall be imprisoned not more than 15 years; (4) commits an act under paragraphs (1) or (2) or (3) of this section in an act of domestic violence as defined in Title 16 Virgin Islands Code, chapter 2, section 91(b) shall be sentenced to not less than 2 years and not more than 20 years and shall be fined not less than $1,000. History: Amended Aug. 20, 2010, No. 7180, § 3(a)(1), Sess. L. 2010, p. 109.

Whoever willfully- (1) mingles any poison with any food, drink, or medicine, with intent that the same shall be taken by any human being, to his injury; or (2) poisons any spring, well, or reservoir of water; or (3) strangle or attempts to strangle any person in an act of domestic violence; or (4) places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, pepper, hot water, or chemical of any nature with intent to injure the flesh or disfigure the body or clothes of such person- shall be imprisoned not more than 10 years and if the conviction results from an act of domestic violence, the person shall be fined no less than $1,000 and shall successfully complete certified mandatory Batters Intervention Program. History: Amended Aug. 20, 2010, No. 7180, § 5(a), (b), Sess. L. 2010, p. 112.

(a) Whoever, under circumstances not amounting to an assault in the first or second degree assaults a principal, assistant principal, superintendent, assistant superintendent, counselor, teacher, substitute teacher, paraprofessional, aide or monitor of the Department of Education, or program manager or director of education programs in a career academy, alternative education institution, or other educational institution, in the lawful discharge of the duties of such person's office, if it was known or declared to the defendant that the person assaulted was an employee of the Department of Education or other career, or educational institution, discharging an official duty, shall be fined not less than $2,000 and not more than $10,000, or imprisoned not more than 10 years, or both. (b) This subsection does not apply to students enrolled in any program in which the Department of Education is involved, unless the program is an adult education program and the student is eighteen years of age or older. History: Added Jan. 14, 2014, No. 7574, § 17, Sess. L. 2013, p. 285-286.

(a) Whoever, under circumstances not amounting to an assault in the first or second degree- (1) assaults another person with intent to commit a felony; (2) assaults another with a deadly weapon; (3) assaults another with premeditated design and by use of means calculated to inflict great bodily harm; (4) assaults another and inflicts serious bodily injury upon the person assaulted; or whoever under any circumstances; (5) [Deleted.] shall be fined not less than $500 and not more than $3,000 or imprisoned not more than 5 years or both. (b) Whoever, under circumstances not amounting to an assault in the first or second degree assaults a peace officer in the lawful discharge of the duties of his office with a weapon of any kind, if it was known or declared to the defendant that the person assaulted was a peace officer discharging an official duty, shall be fined not less than $2,000 and not more than $10,000, or imprisoned not more than 10 years, or both. History: Amended Feb. 12, 1971, No. 2937, § 2, Sess. L. 1970, p. 428; July 8, 1988, No. 5348, Sess. L. 1988, p. 179; amended Oct. 15, 2013, No. 7531, § 1(a)-(c), Sess. L. 2013, p. 138.

Whoever commits an assault and battery- (1) upon an officer in the lawful discharge of the duties of his office, if it was known or declared to the offender that the person assaulted was an officer discharging an official duty; (2) in a court of justice or in any place of religious worship, or in any place where persons are assembled for the purpose of innocent amusement; (3) after having gone into the house of a private family and there commits the assault and battery; (4) being a person of robust health, upon one who is aged or decrepit; (5) being an adult male, upon the person of a female or child, or being an adult female, upon the person of a child; (6) by an instrument or means which inflicts disgrace upon the person assaulted, such as a whip, cowhide or cane; (7) while being in disguise; (8) and knows the individual assaulted to be a teacher or other person employed in any school and such teacher or other person employed by the school and such teacher or other employee is upon grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes; or (9) and knows the individual assaulted to be a caseworker, investigator, or other person employed by the Department of Health, Human Services or any agency providing outreach services and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located- shall be fined not more than $500 or imprisoned not more than 1 year, or both or if during an act of domestic violence, as defined in 16 V.I.C. § 91(b), be fined not less than $1,000 or imprisoned not more than 5 years. Provided, that whoever, whether under the laws of the Virgin Islands, or of any other jurisdiction, or of the United States, has been once convicted of an assault and battery with deadly weapons under circumstances not amounting to an intent to kill or maim shall, upon conviction of the same offense in the Virgin Islands and upon proof of such former conviction, be imprisoned for a term of not less than 30 days. History: Amended Apr. 17, 1967, No. 1914, § 3, Sess. L. 1967, pp. 107, 108; Feb. 12, 1971, No. 2937, § 3, Sess. L. 1970, p. 428; Aug. 20, 2010, No. 7180, § 3(a)(2), Sess. L. 2010, p. 110; Sept. 20, 2011, No. 7267, § 6, Sess. L. 2011, p. 110.

Whoever commits- (1) a simple assault; or (2) an assault or battery unattended with circumstances of aggravation- shall be fined not more than $250 or imprisoned not more than six months, or both the imprisoned and fined. History: Amended Mar. 5, 2005, No. 6730, § 25, Sess. L. 2005, p. 106.

Whoever administers to another person any chloroform, ether, laudanum or other narcotic, anesthetic or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony shall be imprisoned not more than 5 years.

In addition to any other penalty that may be prescribed by this chapter, whoever commits an assault and battery upon a judge of any court of the Virgin Islands if the offender knows the person assaulted to be a judge shall be fined not more than $2,000 or imprisoned not more than two years or both. History: Added Sept. 26, 1980, No. 4476, Sess. L. 1980, p. 151.

(a) Any person who is housed in any correctional facility in the Virgin Islands or who is being detained, arrested, transported or supervised by a correctional officer, police officer, marshal, or any other peace officer whether such person is a sentenced prisoner, a pretrial detainee or an arrestee, who knowingly throws any bodily fluids or bodily waste at a correctional officer, staff member, private contractor or employee of any correctional facility or court of the Virgin Islands, police officer or authorized visitor to a correctional facility or court, or (b) Any person who knowingly throws any bodily fluids or bodily waste at any other person when the person throwing the waste knows he has a communicable disease shall be guilty of a felony punishable by imprisonment for not more than five (5) years and subject to a fine of up to $5,000. (c) Any person who knowingly and maliciously throws any bodily fluids or bodily waste at any other person shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months and subject to a fine of up to $1,000. History: Added Oct. 15, 2013, No. 7515, § 1, Sess. L. 2013, p. 113-114.

(a) Any person who knowingly introduces any bodily fluid or bodily waste into the food or drink of a correctional officer, staff member, private contractor or employee of any correctional facility or court of the Virgin Islands, police officer or authorized visitor to a correctional facility or court shall be guilty of a felony punishable by imprisonment for not more than five (5) years and subject to a fine of up to $5,000. Such sentence must be served consecutively to any sentence currently being served and does not preclude the imposition of any additional administrative penalty of the correctional facility. (b) Any person who knowingly introduces any bodily fluid or bodily waste into the food or drink of a person not listed in subsection (a) shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months and subject to a fine of up to $1,000. History: Added Oct. 15, 2013, No. 7515, § 2, Sess. L. 2013, p. 114.

Whoever unsuccessfully attempts to commit an offense, shall, unless otherwise specially prescribed by this Code or other law, be punished by- (1) imprisonment for not more than 25 years, if the offense attempted is punishable by imprisonment for life; or (2) in any other case, imprisonment for not more than one-half of the maximum term, or fine of not more than one-half of the maximum sum prescribed by law for the commission of the offense attempted, or by both such fine and imprisonment.

Whoever attempts unsuccessfully to commit an offense and accomplishes the commission of another and different offense, whether greater or lesser in guilt, shall be punished as prescribed by law for the offense committed, notwithstanding the provisions of section 331 of this title.

Whoever, having a husband or wife, marries any other person, commits bigamy and shall be fined not more than $2,000 or imprisoned not more than 3 years, or both.

Section 361 of this title does not extend to- (1) any person by reason of any former marriage, whose husband or wife by such marriage has been absent for 5 successive years, without being known to such person within that time to be living; or (2) any person by reason of any former marriage which has been pronounced void, annulled or dissolved by judgment of a competent court.

Whoever knowingly and willfully marries the husband or wife of another, in any case in which the husband or wife would be punishable under the provisions of this chapter, shall be fined not more than $2,000 or imprisoned not more than 3 years, or both.

Whoever gives or offers to give a bribe to any judicial officer, juror, commissioner, referee, arbitrator, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, shall be fined not more than $2,000 or imprisoned not more than 10 years, or both.

Whoever, being a judicial officer, juror, commissioner, referee, arbitrator or person authorized by law to hear or determine any question or controversy, asks, receives, or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, will be influenced thereby, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever, being a judicial or other public officer or employee, asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever- (1) gives, offers, or promises to give, to any witness, or person about to be called as a witness, any bribe, upon any understanding or agreement that the testimony of such witness shall be thereby influenced; or (2) attempts by any other means fraudulently to induce any person to give false or withhold true testimony- shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever, being a witness, or being about to be called as a witness, receives or offers to receive any bribe, upon any understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial or proceeding upon which his testimony is required, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a public officer, or to a person executing any of the functions of a public office, or to a person elected, appointed or designated to thereafter execute the same, with intent to influence him in respect to any act, decision, vote, opinion or other proceedings, in the exercise of the powers or functions which he has or may have, is punishable by a fine of not more than $1,000, or imprisonment for not more than five years, or both. In addition to any such fine and/or imprisonment provided for by this section, any benefit granted or obtained as a result of such act, decision, vote, opinion or other proceeding shall be void as to the briber and/or recoverable from the briber as the circumstances of the particular case may dictate. History: Added Jan. 27, 1966, No. 1558, Sess. L. 1966, p. 12; amended Nov. 13, 1968, No. 2352, Sess. L. 1968, Pt. II, p. 351.

As used in this chapter, unless the context requires a different meaning- "Break" means and includes- (1) breaking or violently detaching any part, internal or external, of a building; or (2) opening, for the purpose of entering therein, by any means whatever, any outer door of a building, or of any apartment or set of apartments therein separately used or occupied, or any window, shutter, scuttle or other things used for covering or closing an opening thereto or therein, or which gives passage from one part thereof to another; or (3) obtaining an entrance into such a building or apartment, by any threat or artifice used for that purpose, or by collusion with any person therein; or (4) entering such a building or apartment by or through any pipe, chimney or other opening, or by excavating, digging or breaking through or under the building, walls or foundation thereof; "Building" includes a vessel, house, trailer, booth, tent, shop, inclosed garden or other erection or inclosure; "Dwelling place" means a building, any part of which is usually occupied by a person or persons residing therein; "Enter" includes the entrance of the offender into such building or apartment, or the insertion therein of any part of his body or any instrument or weapon held in his hand, and used, or intended to be used, to threaten or intimidate the inmates, or to detach or remove property. History: Amended July 11, 2014, No. 7618, § 1(a), Sess. L. 2014, p. 122.

Whoever, with intent to commit an offense therein, breaks and enters the building or structure of another, in which there is at the time a human being- (1) being armed with a dangerous weapon; or (2) arming himself therein with such a weapon; or (3) being assisted by a confederate actually present; or (4) while engaged in effecting such entrance, or in committing any offense therein, or in escaping therefrom, assaults any person-is guilty of burglary in the first degree and shall be imprisoned not less than 10 years nor more than 20 years, provided that if in the commission of said crime a dangerous weapon of any kind is used, then the penalty shall be not less than 30 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407 of the Virgin Islands Code, or any other provision of law, no portion of the minimum period of imprisonment established by this section shall be suspended and no person convicted under this section shall be placed on probation or be eligible for parole or good conduct credit of any kind until he shall have been imprisoned for at least 5 years, or 10 years if a dangerous weapon was used in committing the crime. History: Amended Apr. 28, 1977, No. 3972, § 2(a), Sess. L. 1977, p. 47; Jan. 8, 1982, No. 4665, § 17, Sess. L. 1981, p. 297; amended July 11, 2014, No. 7618, § 1(b), Sess. L. 2014, p. 122.

Whoever, with intent to commit some offense therein breaks and enters the dwelling house, building, or structure of another, under circumstances not amounting to burglary in the first degree, is guilty of burglary in the second degree and shall be imprisoned not more than 15 years and if the conviction is a second or subsequent conviction under this chapter, then not less than 2 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, no portion of the minimum period of imprisonment established by this section shall be suspended, and no person convicted under this section which conviction is a second or subsequent conviction under this chapter shall be placed on probation or be eligible for parole until he shall have been imprisoned for at least 2 years. History: Amended Apr. 28, 1977, No. 3972, § 2(b), Sess. L. 1977, p. 48; amended July 11, 2014, No. 7618, § 1(b)(1), Sess. L. 2014, p. 122.

Whoever- (1) with intent to commit an offense therein, breaks and enters a building or structure or any part thereof; or (2) being in any building or structure or any part thereof, commits an offense therein and breaks out of the same- is guilty of burglary in the third degree and shall be imprisoned not more than five years and if the conviction is a second or subsequent conviction under this chapter, then not less than one year. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, no portion of the minimum period of imprisonment established by this section shall be suspended, and no person convicted under this section which conviction is a second or subsequent conviction under this chapter shall be placed on probation or be eligible for parole until he shall have been imprisoned for at least one year. History: Amended Apr. 28, 1977, No. 3972, § 2(c), Sess. L. 1977, p. 48; amended July 11, 2014, No. 7618, § 1(b)(2), Sess. L. 2014, p. 122.

Whoever, under circumstances or in a manner not amounting to burglary, enters a building or any part thereof, with intent to commit an offense, shall be imprisoned not more than 1 year.

Whoever, having entered a building under circumstances which constitute burglary in any degree, commits any offense therein, shall be punished therefor as well as for the burglary, and may be prosecuted for each offense separately, or in the same action.

This Chapter shall be known and may be cited as the "Computer Crimes and Technology Act of 2013". History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 87.

(a) "Access" means to approach, instruct, communicate with, store data in, enter data in, retrieve data from, or otherwise make use of any resources of, a computer, computer system, computer network or cellular device. (b) "Computer" means any cellular device, electromagnetic device, laptop, notebook, handheld electronic device, personal digital assistant, tablet computer, smart notebook, optical, hydraulic or organic device or group of devices which, pursuant to a computer program, human instruction, or permanent instructions contained in the device or group of devices, can automatically perform computer operations with or on computer data and can communicate the results to another computer or to a person. The term "computer" includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve or communicate computer programs, computer data or the results of computer operations to or from a person, another computer or another device. (c) "Computer data" means any representation of information, knowledge, fact, concept, or instruction which is being prepared or has been prepared and is intended to be processed, is being processed, or has been processed in a computer or computer network. "Computer data" may be in any form, whether readable only by a computer or only by a human or by either, including, but not limited to, computer printouts, magnetic storage media, punched cards, or data stored internally in the memory of the computer. (d) "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through the communications facilities. (e) "Computer operation" means arithmetic, logical, monitoring, storage or retrieval functions and any combination of them, and includes, but is not limited to, communication with, storage of data to, or retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. A "computer operation" for a particular computer may also be any function for which that computer was generally designed. (f) "Computer program" means a series of instructions or statements or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform specified functions in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from the computer systems. (g) "Computer services" includes computer time or services, data processing services, internet service providers" networks and facilities located in the Territory or information or data stored in connection with them. (h) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer program or computer network. (i) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, and software. (j) "Data" means any representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored or have been entered, processed, or stored in a computer, computer system, or computer network. (k) "Electronic mail service provider" means any business or organization qualified to do business in the Virgin Islands that provides registered users the ability to send or receive electronic mail through equipment located in this Territory and that is an intermediary in sending or receiving electronic mail. (l) "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card transaction authorization mechanism, marketable security, or any computerized representation of any of these. (m) "Owner" means an owner or lessee of a computer or a computer network or an owner, lessee, or licensee of computer data, computer programs, or computer software. (n) "Person" shall include any individual, partnership, association, corporation, limited liability company or joint venture. (o) "Property" includes, but is not limited to: (1) Real property; (2) Computers, cellular devices and computer networks; (3) Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are: (A) Tangible or intangible; (B) In a format readable by humans or by a computer; (C) In transit between computers or within a computer network or between any devices which comprise a computer; or (D) Located on any paper or in any device on which it is stored by a computer or by a human; and (E) Computer services. (p) A person "uses" a computer or computer network when he or she: (1) Attempts to cause or causes a computer or computer network to perform or to stop performing computer operations; (2) Attempts to cause or causes the withholding or denial of the use of a computer, computer network, computer program, computer data or computer software to another user; or (3) Attempts to cause or causes another person to put false information into a computer. (q) A person is "without authority" when: (1) he has no right, authority or permission of the owner to use a computer, or, he or she uses a computer in a manner exceeding his or her right or permission; or (2) he or she uses an Internet service e-mail system offered by any U.S. Virgin Islands based Internet service provider in contravention of the authority granted by or in violation of the policies set by the Internet service provider. (3) Transmission of electronic mail from an organization to its members shall not be deemed to be unsolicited bulk electronic mail. (r) "Services" includes, but is not limited to, computer time, data processing, and storage functions. (s) "Source document" means an original document or record which forms the basis of every electronic entry put into a computer, computer system, or computer network. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 87-90.

(a) Whoever knowingly and intentionally directly or indirectly accesses or causes to be accessed any computer, computer system, or computer network for the purpose of: (1) knowingly and intentionally devising or executing any scheme or artifice to defraud; (2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or (3) damaging, destroying, altering, deleting, or removing any program or data contained in it in connection with any scheme or artifice to defraud, shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 91.

(a) Whoever intentionally, without authorization, and for fraudulent or other illegal purposes, directly or indirectly, accesses, alters, damages, or destroys any computer, computer system, computer network, computer software, computer program, or data contained in a computer, computer system, computer program, or computer network shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 91.

(a) Whoever, intentionally and without claim of right, takes, transfers, conceals or retains possession of any computer, computer system, computer network, computer software, computer program, or data contained in a computer, computer system, computer program, or computer network with a value in excess of five hundred dollars ($500) shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter. (b) If the value is five hundred dollars ($500) or less, the person shall be guilty of a misdemeanor punishable by imprisonment for a term not exceeding one year or by a fine of not more than one thousand dollars ($1,000), or both. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 91.

(a) It shall be unlawful for any person to use or access a computer or computer network of another with or without authority with the intent to: (1) Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs, or computer software from a computer or computer network; (2) Cause a computer to malfunction regardless of how long the malfunction persists; (3) Alter or erase any computer data, computer programs, or computer software; (4) Effect the creation or alteration of a financial instrument or of an electronic transfer of funds; (5) Cause physical injury to the property of another; (6) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; (7) Forge e-mail header information or other internet routine information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers; or (8) To sell, give or otherwise distribute or possess with the intent to sell, give or distribute software which is designed to facilitate or enable the forgery of electronic mail header information or other internet routing information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers. (b) Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a United States Virgin Islands-based electronic mail service provider to prevent the transmission of unsolicited bulk electronic mail in violation of this chapter. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 92-93.

(a) Whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for not more than one year, or both. (b) For the purpose of this section, "harassing" means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose. (c) The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury. (d) As used in this section, "course of conduct" means a pattern of conduct comprised of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." (e) A second or subsequent conviction under subsection (a) of this section shall be deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than six thousand dollars ($6,000), or both. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 93.

(a) Whenever there is a restraining order or injunction issued by a court of competent jurisdiction enjoining one person from harassing another person, and the person so enjoined is convicted of the crime as set forth in section 465 for actions against the person protected by the court order or injunction, he or she shall be guilty of a felony which shall be punishable by imprisonment for not more than two (2) years, or by a fine of not more than six thousand dollars ($6,000), or both. (b) A second or subsequent conviction under subsection (a) of this section shall be punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 93-94.

(a) Unless otherwise specified, any person who is convicted of an offense which is classified as a felony under this chapter shall be fined not more than five thousand dollars ($5,000), or imprisoned for not more than five (5) years, or both. (b) Unless otherwise specified, any person who is convicted of an offense which is classified as a misdemeanor under this chapter shall be fined not more than one thousand dollars ($1,000), or imprisoned for not more than one year, or both. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 94.

(a) Any person injured as a result of a violation of this chapter may bring a civil action against the violator for compensatory damages, punitive damages, court costs, and any other relief that the court deems appropriate, including reasonable attorneys' fees. (b) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs and may elect, in lieu of actual damages, to recover the lesser of five hundred dollars ($500) for each and every unsolicited bulk electronic mail message transmitted in violation of this chapter up to a maximum of twenty-five thousand dollars ($25,000) per day. The injured person shall not have a cause of action against the electronic mail service provider which merely transmits the unsolicited bulk electronic mail over its computer network. (c) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorneys fees and costs, and may elect, in lieu of actual damages, to recover the greater of five hundred dollars ($500) for each and every unsolicited bulk electronic mail message transmitted in violation of this chapter up to a maximum of twenty-five thousand dollars ($25,000) per day. (d) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. (e) The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 94-95.

(a) Whoever intentionally or knowingly makes a transmission of false data for the purpose of submitting a claim for payment, or makes, presents, or uses or causes to be made, presented, or used any data for the purpose of submitting a claim for payment with knowledge of its falsity and with knowledge that it will be used for any claim for payment, shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter. (b) Whoever intentionally or knowingly: (1) makes a transmission of false data; or (2) makes, presents or uses or causes to be made, presented or used any data for any other purpose with knowledge of its falsity, shall be guilty of a misdemeanor and shall be subject to the penalties set forth in section 467 of this chapter. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 95.

(a) Whoever intentionally or knowingly conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source document used for a computer, computer program, computer system, or computer network, when the computer source document is required to be kept by law, shall be guilty of a misdemeanor and shall be subject to the provisions of section 467 of this chapter. (b) Whoever intentionally or knowingly conceals, destroys, or alters or intentionally, knowingly conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source document used for a computer, computer program, computer system, or computer network, when the computer source document is required to be kept by law, with the intent to obstruct an official investigation by any state agency authorized by law to conduct any civil or criminal investigation, shall be guilty of a felony and shall be subject to the provisions of section 467 of this chapter. History: Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 95.

(a) A person who is not a peace officer acting in the line of duty commits home invasion when, without authority, he knowingly enters the dwelling place of another when he knows or has reason to know that one or more persons are present or when he knowingly enters the dwelling place of another and remains in such dwelling place until the person knows or has reason to know that one or more persons is present and: (1) While armed with a dangerous weapon, as defined in 14 V.I.C. § 2251, other than a firearm, uses force or threatens the use of force upon any person or persons within such dwelling place, whether or not injury occurs; or (2) Intentionally causes any injury to any person or persons within such dwelling place; or (3) While armed with a firearm uses force or threatens the use of force upon any person or persons within such dwelling place, whether or not injury occurs; or (4) Uses force or threatens the use of force upon any person or persons within such dwelling place, whether or not injury occurs, and during the commission of the offense personally discharges a firearm; or (5) Personally discharges a firearm that causes bodily harm, permanent disability, permanent disfigurement, or death to another person within such dwelling place. (b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in such dwelling place until the person knows or has reason to know that one or more persons is present either immediately leaves such premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein. History: Added July 11, 2014, No. 7618, § 2, Sess. L. 2014, p. 123.

(a) Home invasion in violation of subsection (a)(1) or (a)(2) is punishable by a term of imprisonment of not less than 10 years nor more than 15 years; (b) Home invasion in violation of subsection (a)(3) is punishable by a term of imprisonment for not less than 15 years nor more than 20 years; (c) Home invasion in violation of subsection (a)(4) is punishable by a term of imprisonment for not less than 20 years, nor more than 25 years; (d) Home invasion in violation of subsection (a)(5) is punishable by a term of imprisonment for not less than 25 years, nor more than 30 years, provided, however, that no person who violates this subsection shall be eligible for parole, but shall serve his entire sentence. History: Added July 11, 2014, No. 7618, § 2, Sess. L. 2014, p. 123, 124.

Loitering On Streets (a) Whoever commits any act or omits the performance of any duty, which act or omission causes a child under the age of 18 to become in need of the care and protection of the juvenile and domestic relations division of the Superior Court of the Virgin Islands, shall be fined not more than $500 or imprisoned not more than 1 year, or both. In addition, the parent or the person responsible for a child's care and/or custody whose child is found in violation of the provisions of subsection (b) of this section may be subject to community service of up to 100 hours for the first offense and for subsequent and repeated offenses may be subject to community service of up to 200 hours or a fine of not more than $500 or both. If the parent or the person responsible for the child's care and/or custody fails to exercise parental authority to prevent a curfew violation, during which a felony was committed, the Virgin Islands Police Department may cause the name or names of the parent or person responsible for the child's care and/or custody to be published in the official police blotter unless the parent or the person responsible for the child's care and/or custody has notified the Police Department that they are unable to exercise parental authority to prevent a curfew violation immediately upon such a violation occurring. (b) Any child under the age of 16 years found upon or remaining upon the streets or highways after 10:00 p.m., unaccompanied by a person legally responsible for such child's behavior, except the child shows to the satisfaction of the police that he is in transit to or from his home to another place supervised by adults either with the express consent or under the direction of his parent or guardian, shall be taken into custody by the police and held until released to the parent or guardian, who shall be notified forthwith. In addition, the offending child may be subject to community service of up to 100 hours for the first offense; for subsequent and repeated offenses, the offending child may be subject to community service of up to 200 hours or a fine of not more than $500 or both. A child who commits a second or subsequent violation of the curfew herein while operating a motor vehicle may have their driver's license suspended for not more than six (6) months. The child shall be referred to the Department of Human Services for investigation and services. (c) For purposes of this chapter, a parent, legal guardian or person responsible for the care and/or custody of any child under the age of 18 years shall have the duty to exercise reasonable care, supervision, protection, and control over such child. History: Amended June 12, 1959, No. 475, § 2, Sess. L. 1959, p. 84; June 27, 1963, No. 1042, Sess. L. 1963, p. 407; Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; Apr. 28, 1977, No. 3972, § 3, Sess. L. 1977, p. 49; Feb. 15, 1994, No. 5957, §§ 1, 2, Sess. L. 1994, p. 14; Oct. 15, 2010, No. 7203, § 2, Sess. L. 2010, p. 204.

History: Repealed. Oct. 18, 1984, No. 5013, § 11, Sess. L. 1984, p. 354.

Whoever- (1) being a parent, relative, guardian, employer or otherwise, and having in his care, custody or control any child under the age of 12 years, sells, apprentices, gives away, lets out or otherwise disposes of any such child to any person under any name, title, or pretense for the vocation, use, occupation or service of begging in any public street or highway, or in any mendicant business whatsoever; or (2) takes, receives, hires, employs, uses or has in custody any child for such purposes of any of them- shall be fined not more than $500 or imprisoned not more than 1 year, or both.

Guardians (a) The parent or legal guardian, other than the Department of Human Services, having custody of a minor less than 18 years of age, shall, if such minor wilfully, maliciously or unlawfully damages or destroys real or personal property owned or maintained by another be held liable for such damage or destruction in a civil action brought in the Superior Court if it can be shown that the parent or legal guardian knew, or by the exercise of reasonable care should have known, that the activities of the minor would be likely to result in damages to another, or was otherwise negligent, and that such negligence was a proximate cause of the damages suffered. In no event shall liability under this section be in excess of the sum of $10,000. It shall be an absolute defense to any action brought pursuant to this section that restitution has been made pursuant to section 2506 of Title 5 of this Code. The provisions of this section shall not be deemed to impair or diminish any rights or remedies existing under the laws of the Virgin Islands. (b) Any minor who willfully cuts, defaces, damages, destroys or otherwise injures in any way any property, real or personal belonging to the Department of Education may be referred to the Department of Human Services for child welfare services or the Department of Education may file a complaint with the Juvenile and Domestic Relations Division of the Superior Court of the jurisdiction in which the minor resides. The parent or guardian shall also be liable for the amount of any reward paid pursuant to subsection (c) of this section, provided, that the maximum liability of such parent or guardian, as fixed by subsection (a) of this section, is not exceeded thereby. (c) The Commissioner of Education may offer and pay a reward, not to exceed $1,000, for information leading to the determination of the identity of, and the apprehension of, any person who willfully damages or destroys any property of the Department of Education. (d) Any person who has willfully damaged or destroyed property of the Department of Education shall be liable for the amount of any reward paid pursuant to subsection (c) of this section and if he is a minor his parent or guardian shall, subject to subsection (b) of this section, be liable for the amount of the reward. (e) The provisions of this section shall be in addition to any other penalties or provisions of law pertaining to the damage or destruction of public property and shall not be deemed to impair or diminish any rights or remedies existing under the laws of the Virgin Islands. History: Added Mar. 19, 1971, No. 2958, § 2, Sess. L. 1971, p. 26; amended Nov. 29, 1972, No. 3331, Sess. L. 1972, p. 505; Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; Apr. 28, 1977, No. 3972, § 4, Sess. L. 1977, p. 49; Apr. 2, 1982, No. 4699, § 4(b), Sess. L. 1982, p. 65; Oct. 8, 1992, No. 5816, § 301(a), Sess. L. 1992, p. 148.

Minors to Make Or Dispense Alcoholic Beverages (a) As used in this section, the term, (1) "Alcoholic beverage" means any beverage for human consumption containing at least one-half of one percent alcohol by volume, including malt beverages, beer, unfortified wine, fortified wine, spirituous liquor, and mixed beverages, distilled alcohol, spirits, liquor, beer, wine and every liquid or solid containing alcohol, spirits, beer, wine, and which contains one-half of one per centum or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (2) "Controlled substance" means a drug or other substances as the term is defined in 19 V.I.C. § 593(6). (3) "License to sell or dispense alcoholic beverages" means licensed to sell or dispense alcoholic beverages under a liquor license issued pursuant to 8 V.I.C., chapter 1 and pursuant to a night club, Tavern A, Tavern B business license issued pursuant to 27 V.I.C. § 302. (4) "Minor" means an individual under the age of 18 years. (5) "Person" means an individual, corporation, business, trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. (6) "Knowingly" means a person acts "knowingly" with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had that person not been intoxicated acts knowingly with respect to that conduct or circumstance. (b) It is unlawful for any person: (1) to sell, give, serve, or permit to be served an alcoholic beverage to a minor; (2) to permit a minor to consume an alcoholic beverage; or (3) permit a minor to enter any nightclub, dancehall or bar after 9 p.m., where alcohol is sold or served except when: (A) the minor is accompanied by an adult legally responsible for the minor; or (B) the minor is attending a school function at the establishment and alcohol beverages are not being served or offered for sale; or (C) the minor is in a life threatening situation and is in need of emergency assistance. (c) (1) The owner of any nightclub, bar or dance hall holding a license to dispense alcoholic beverages shall prominently display a sign which clearly states that it is a violation of law for alcohol to be sold to any person under the age of eighteen (18). The Commissioner of the Department of Licensing and Consumer Affairs shall, through its rules and regulations, determine the type and size of the sign. (2) The owner of any nightclub, bar or dance hall holding a license to dispense alcoholic beverage shall require every person entering the establishment to furnish a government-issued identification card, including without limitation a passport, driver's license, military identification card or Virgin Islands Identification Card issued under 20 V.I.C. § 372a, containing the person's photograph and giving the person's date of birth. (d) No person may employ, or permit to be employed, or suffer to work on any premises licensed to sell or dispense alcoholic beverages, any minor as a bartender, hostess, server, or in any other capacity in which the duties of the minor require or permit minor to sell, dispense or handle alcoholic beverages; but: (A) A minor employed by any person holding a retail liquor license may handle and deliver alcoholic beverage products for such licensee; (B) A minor employed as a cashier by a person holding a retail liquor license may record and receive payment for alcoholic beverage sales when in the presence of and under the direct supervision of a person eighteen years of age or over; and (C) A minor employed as a dishwasher, busboy, or other such position as to which handling of containers that may have held alcoholic beverages is necessary may do so under the direct supervision of a person 18 years of age or older. (e) (1) Liability of parent or legal guardian for underage consumption of alcohol or use of controlled substance at home. A parent or legal guardian who permits his or her minor child to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of a misdemeanor if all of the following occur: (A) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the minor child or other underage individual has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance; (B) The parent knowingly permits that minor child or other underage individual, after leaving the parent's or legal guardian's home, to operate a vehicle; and (C) That minor child or other underage individual is found to have caused a traffic collision while operating the vehicle. (2) A parent or legal guardian who violates this subsection is guilty of a misdemeanor punishable by imprisonment for a term not exceeding one year, by a fine not exceeding $1,000, or by both such imprisonment and fine. (f) Penalties. Any person, including, the owner, operator or employee of any establishment holding a license to sell or dispense alcoholic beverages (1) found in violation of subsection (b) or (d) is guilty of a misdemeanor, and upon conviction may be imprisoned for not more than thirty days and shall be fined not less than $500 nor more than $4,000 for each minor involved; (2) found in violation of subsection (c)(1) is guilty of a misdemeanor, and upon conviction shall be fined not less than $500 or more than $4,000 or found in violation of subsection (c)(2) is guilty of a misdemeanor, and upon conviction shall be fined not less than $500 or more than $4,000 for each minor from whom the owner or other person fails to request an identification card; (3) who is convicted of a second or subsequent offense under subsection (b), or under subsection (c) in addition to the criminal penalty established in subparagraphs (1) and (2), respectively, is subject to revocation, suspension or denial of a liquor and business license to sell or dispense alcoholic beverages. (g) Nothing in this section shall be construed to diminish the existing administrative authority of the Department of Licensing and Consumer Affairs to enforce the provisions of this section. History: Amended Mar. 16, 1964, No. 1110, Sess. L. 1964, p. 52; Mar. 30, 1984, No. 4915, Sess. L. 1984, p. 79; Oct. 20, 1992, No. 5818, § 2, Sess. L. 1992, p. 158; Feb. 15, 1994, No. 5957, § 3, Sess. L. 1994, p. 14; amended Sept. 11, 2012, No. 7393, § 1(a)-(e), Sess. L. 2012, p. 233-236; amended May 19, 2020, No. 8303, § 1(a), (b)(1), (2), Sess. L. 2020, p. 45.

Any parent or guardian of a minor under sixteen years of age who knows or reasonably should know that an adult residing in the same household has engaged in sexual intercourse or sodomy, or has had sexual contact with the minor under sixteen years of age and who does not report the offense to the Department of Justice, the U.S. Virgin Islands Police Department (V.I.P.D.), the Department of Health, or the Department of Human Services shall be imprisoned not more than 2 years, or fined not less than $2,500; in addition to a term of imprisonment or fine, a court shall require the parent or guardian to seek family counseling under the direction and supervision of the Commissioner of Human Services in accordance with such terms and conditions as the Court shall specify. History: Added Oct. 18, 1984, No. 5013, § 6, Sess. L. 1984, p. 346; amended Act June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended Jan. 21, 2021, No. 8429, § 1(a)-(d), Sess. L. 2020, p. 326.

This chapter may be cited as "The Computer Pornography and Child Exploitation Prevention Act". History: Added Apr. 7, 2010, No. 7155, § 1, Sess. L. 2010, p. 4.

Penalties (a) (1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor or assist any other person to employ, use, persuade, induce, entice, or coerce any minor to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. (3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance or to engage in sexual intercourse, sodomy, or to engage in a sexual performance, obscene sexual performance, or obscene sexual conduct that is calculated to promote the violation of the law and the general corruption of morals. (4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any another person to engage in sexually explicit conduct for the purpose of any performance or to engage in sexual intercourse, sodomy, or to engage in a sexual performance, obscene sexual performance, or obscene sexual conduct that is calculated to promote the violation of the law and the general corruption of morals. (5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium that depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. (6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any material or information whether it be printed, verbal, audio or digital which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased. (7) It is unlawful for any person knowingly to bring or cause to be brought into the Virgin Islands any material that depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. (8) It is unlawful for any person knowingly to possess or control any material that depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. (b) Any person who violates the provision of this section is guilty of a felony punishable upon conviction by imprisonment for not less than five years or more than 20 years and by a fine of not more than $100,000. History: Added Apr. 7, 2010, No. 7155, § 1, Sess. L. 2010, pp. 4, 5.

(a) As used in this section, the term: (1) "Minor" means any person under the age of 18 years. (2) "Identifiable minor" means an individual: (A) Who was a minor at the time the visual depiction was created, adapted, or modified or whose image as a minor was used in creating, adapting, or modifying the visual depiction; and (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available. (C) The term may not be construed to require proof of the actual identity of the minor. (3) "Visual depiction" means any image and includes photographs, undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable minor engaged in sexually explicit conduct. (4) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse; (B) Deviate sexual activity; (C) Bestiality; (D) Masturbation; (E) Sadomasochistic abuse for the purpose of sexual stimulation; or (F) Lewd exhibition of the: (i) Genitals or pubic area of any person; (ii) Breast of a female; or (iii) Buttocks of a minor. (5) "Visual medium" means any material that records, holds and communicates information in a primarily visual manner (b) (1) A person commits the offense of computer pornography if the person intentionally or willfully: (A) Compiles, enters into, or transmits by means of computer; (B) Makes, prints, publishes, or reproduces by other computerized means; (C) Causes or allows to be entered into or transmitted by means of computer; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with a minor or the visual depiction of such conduct. (2) Any person convicted of violating this chapter shall be punished by a fine of not more than $10,000 or by imprisonment for not less than one or more than 20 years, or by both such fine and imprisonment. History: Added Apr. 7, 2010, No. 7155, § 1, Sess. L. 2010, pp. 5-7.

(a) It is unlawful for any person intentionally or willfully to use a computer on-line service or Internet service, including a local bulletin board service, Internet chat room, e-mail, or on-line messaging service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a minor or another person believed by such person to be a minor, to commit any illegal act described in sections 488, 489 and 490 of this chapter or to engage in any conduct that by its nature is an unlawful sexual offense against a minor. (b) A person commits the offense of obscene Internet contact with a minor if the person has contact with someone the person knows to be a minor or with someone the person believes to be a minor via a computer on-line service or Internet service, including a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the minor or the person, except that no conviction may be had for a violation of this subsection on the unsupported testimony of a minor. (c) (1) It is unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to use the service to commit a violation of this section, knowing that the person intended to use the service to violate this section. No owner or operator of a public computer on-line service, internet service, or local bulletin board service may be held liable on account of any action taken in good faith in providing the aforementioned services. (2) Any person who violates paragraph (1) of tparagraph (1)n is guilty of a misdemeanor. (3) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this chapter does not constitute a defense to prosecution under this section. (4) A person is subject to prosecution in the Virgin Islands pursuant to the Revised Organic Act of the Virgin Islands, section 21(b) relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this section which the person engages in while either within or outside of the Virgin Islands if, by such conduct, the person commits a violation of this section which involves a minor who resides in the Virgin Islands or another person believed by such person to be a minor residing in the Virgin Islands. History: Added Apr. 7, 2010, No. 7155, § 1, Sess. L. 2010, pp. 7, 8.

This chapter may be cited as the "Child Protection Act of 1992". History: Added Oct. 20, 1992, No. 5818, § 1, Sess. L. 1992, p. 155.

The Legislature of the Virgin Islands finds and declares that: (a) the children of the Virgin Islands are its most precious resource; and (b) serious abuse and neglect of children are increasing in the Virgin Islands; and (c) it is the policy of the Government of the Virgin Islands to protect children from assault, abuse and neglect, and to encourage parents, teachers and others to use methods of correction, restraint and discipline that are not dangerous to children; and (d) current Virgin Islands criminal laws are inadequate to protect children from abuse and neglect; and (e) a statute providing for severe penalties for persons who abuse or neglect children is necessary to safeguard the physical and emotional well-being of children in the Virgin Islands. History: Added Oct. 20, 1992, No. 5818, § 1, Sess. L. 1992, p. 155.

As used in this chapter, unless the context clearly indicates otherwise: (a) "Abuse" means the infliction of physical, mental or emotional injury upon a child, or maltreatment, sexual conduct or sexual contact with a child, or exploitation of a child by any person. (b) "Basic necessities of life" means food, shelter, clothing, medical care and education. (c) "Child" means any person under the age of eighteen (18) years. (d) "Emotional injury" or "mental injury" means psychological injury or harm which impairs the mental or emotional health or functioning of a child. (e) "Neglect" means to place a child or allow a child to be placed in a situation which a reasonable person should know is dangerous to the child's health or welfare, and includes, but is not limited to, the following: (1) leaving a child unsupervised, taking into account the age and developmental stage of the child; (2) denying or failing to provide a child with shelter, food, clothing, medical care or education; (3) leaving a child in the care of any person known to use, possess or sell illegal drugs or abuse alcohol; (4) leaving a child in the care of any person known to have engaged in sexual activity with any child; (5) leaving a child in the care of any person known to be incapable of providing adequate care for a child; and (6) keeping a child under the age of 16 years home from school to care for other children. (f) "Physical injury" means the impairment of physical condition and includes, but is not limited to, any skin bruising, bleeding, failure to thrive, malnutrition, burn, bone fracture, soft tissue swelling, subdural hematoma, injury to any internal organ, or any physical condition that threatens a child's health or welfare. (g) "Serious emotional injury" or "serious mental injury" means that which creates a substantial risk of death, or which causes serious or protracted impairment of mental or emotional health. (h) "Serious physical injury" means that which creates a substantial risk of death, or which causes serious or permanent disfigurement, or which causes serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. (i) "sexual conduct" means actual or simulated: (1) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (2) penetration of the vagina or rectum however slight by hand, finger or by any object except when done as part of a recognized medical procedure; and (3) sexual bestiality. (j) "sexual contact" means any touching of another person with the genitals or any touching of the genitals or anus of another person, lips, groin, inner thighs, buttocks or the breasts of another person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person. History: Added Oct. 20, 1992, No. 5818, § 1, Sess. L. 1992, p. 156; amended Jan. 31, 2014, No. 7579, §§ 1, 2, Sess. L. 2014, p. 1.

(a) Any person who is responsible for the safety or welfare of a child, including, but not limited to, a child's parent, stepparent, guardian, schoolteacher, or baby sitter, who neglects a child, or who knowingly, recklessly or negligently causes or allows a child to suffer physical, mental or emotional injury, or who knowingly, recklessly or negligently deprives a child of any of the basic necessities of life, shall be punished by a fine of not less than $500, or by imprisonment of not more than 15 years, or both. (b) In addition to a term of imprisonment or fine, a court shall require the person to attend counseling in accordance with any terms and conditions as the court may specify. Counseling mandated under this subsection must include abuse and assault intervention programs. In addition, if the convicted person is the parent of the affected child, the convicted person shall also attend parenting classes. (c) If the convicted person fails to begin the classes or programs mandated by this section within twelve months after the court's order the court shall order the convicted person to: (1) serve a prison term of no less than 12 months and pay a fine of no less than $4,000 for a first-time offender of child neglect; or (2) serve a prison term of no less than two years and pay a fine of no less than $6,000 for repeat offender of child neglect. (d) Failure to complete classes or programs mandated pursuant to this section shall result in court- mandated community service of no less than 300 hours. (e) All professionals who provide court-mandated counseling, social work, psychological, or psychiatric services must have all the appropriate, valid licenses and credentials. (f) All persons who provide court-mandated services in the form of counseling, social work, or parenting classes provided by community-based organizations must have all the appropriate, valid credentials. History: Added Oct. 20, 1992, No. 5818, § 1, Sess. L. 1992, p. 157; amended Aug. 16, 2021, No. 8460, § 1, Sess. L. 2021, p. 38, 39.

(a) Any person who abuses a child, or who knowingly or recklessly causes a child to suffer physical, mental or emotional injury, or who knowingly or recklessly causes a child to be placed in a situation where it is reasonably foreseeable that a child may suffer physical, mental or emotional injury or be deprived of any of the basic necessities of life, shall be punished by a fine of not less than $500, or by imprisonment of not more than 20 years, or both. (b) In addition to a term of imprisonment or fine, a court shall require the person to attend counseling in accordance with any terms and conditions as the court may specify. Counseling mandated under this subsection must include abuse and assault intervention programs. In addition, if the convicted person is the parent of the affected child, the convicted person shall also attend parenting classes. (c) If the convicted person fails to begin the classes or programs mandated by this section within twelve months after the court's order, the convicted person shall: (1) serve a prison term of no less than twelve months and pay a fine of no less than $4,000 for a first- time offender of child abuse; or (2) serve a prison term of no less than two years and pay a fine of no less than $6,000 for repeat offender of child abuse. (d) Failure to complete classes or programs mandated by this section shall result in court-mandated community service of no less than 300 hours. (e) All professionals who provide court-mandated counseling, social work, psychological, or psychiatric services must have all the appropriate, valid licenses and credentials. (f) All professionals who provide court-mandated services in the form of counseling, social work, or parenting classes provided by community-based organizations must have all the appropriate, valid credentials. History: Added Oct. 20, 1992, No. 5818, § 1, Sess. L. 1992, p. 157; amended Aug. 16, 2021, No. 8461, § 1, Sess. L. 2021, p. 39, 40.

A person perpetrates an act of aggravated child abuse or neglect when: (1) the child suffers serious physical injury; or (2) the child suffers serious mental or emotional injury; or (3) the child dies from such abuse or neglect. A person who is convicted of aggravated child abuse or neglect shall be punished by imprisonment of not less than 5 years but not more than 30 years. History: Added Oct. 20, 1992, No. 5818, § 1, Sess. L. 1992, p. 157.

Unreasonable Acts Nothing in this chapter shall be interpreted to prevent a parent, guardian, except as provided in 17 V.I.C. § 130(b), or person acting at the direction of a child's parent or guardian, from using reasonable and moderate physical discipline to correct, restrain or discipline a child. The following actions are examples of unreasonable conduct when used by any person to correct, restrain or discipline a child: (1) throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) willful and violent shaking of a child in such a way as to cause physical injury to the child; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the physical discipline is reasonable and moderate. The list of unreasonable actions is illustrative and is not intended to be exclusive. History: Added Oct. 20, 1992, No. 5818, § 1, Sess. L. 1992, p. 157; amended Dec. 6, 2021, No. 8516, § 3, Sess. L. 2021, p. 227.

(a) Whoever, having knowledge of the actual commission of a crime, takes money or property of another or any gratuity or reward, or an engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal such crime, or a violation of this title or other law, or to abstain from, discontinue, or delay, a prosecution therefor, or to withhold any evidence thereof, except in a case provided for by law in which the crime may be compromised by leave of court, shall be imprisoned not more than- (1) five years, where the agreement or undertaking relates to a crime punishable by life imprisonment; or (2) three years, where the agreement or understanding relates to any other felony; or (3) ninety days or fined not more than $100, or both, where the agreement or understanding relates to a misdemeanor. (b) An information may be filed against a person described in this section, although the person guilty of the original crime has not been presented or tried.

If two or more persons conspire to- (1) commit any crime; (2) falsely and maliciously complain against another for any crime, or procure another to be charged or arrested for any crime; (3) falsely move or maintain any action or proceeding; (4) cheat and defraud any person of property by any means which are in themselves criminal, or to obtain money or property by false pretenses; or (5) commit any crime injurious to the public health, the public morals, or for the perversion or obstruction of justice or due administration of the laws- each shall be fined not more than $1,000 or imprisoned not more than 5 years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided by law for such misdemeanor.

No agreement, except to commit a felony upon the person of another, or to commit arson, or burglary, amounts to conspiracy, unless some act, besides such agreement, be done to effect the object thereof, by one or more of the parties to such agreement.

Every court of the Virgin Islands shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other as- (1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; (2) misbehavior of any of its officers in their official transactions; or (3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

(a) Whoever willfully disobeys any lawful writ, process, order, rule, decree or command of any court of the Virgin Islands by doing any act therein, or thereby forbidden, if the act or thing done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of the Virgin Islands shall be punished by fine or imprisonment, or both. (b) Any fine imposed under subsection (a) of this section shall be paid to the Government of the Virgin Islands or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the Government of the Virgin Islands exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of 180 days.

(1) Whoever willfully disobeys any lawful order issued pursuant to section 97(b)(2) or section 98 of Title 16 is guilty of a crime. (2) If the order disobeyed was issued where the judge determined that a deadly weapon was used or displayed by the defendant, the sentence must be not less than 6 months and not more than 5 years and a fine of not less than $1,000 nor more than $5,000 must be imposed. (3) A person charged with an offense under subsection (a) of this section shall be detained and retained in custody until such time as the person appears before a judicial officer, or a judicial officer orders otherwise; provided that the person charged shall appear before a judicial officer within 48 hours from the time of arrest. History: Added Mar. 24, 1998, No. 6217, § 1, Sess. L. 1998, p. 217; amended Aug. 20, 2010, No. 7180, § 3(b), Sess. L. 2010, p. 110.

Whenever a contempt is charged under section 582 of this title, and the criminal offense referred to in subsection (a) of such section is one in the trial of which the accused would be entitled by existing law to a trial by jury, and such contempt is prosecuted in the District Court of the Virgin Islands, the accused, upon demand therefor, shall be entitled to trial by jury, which shall conform as near as may be with the practice in other criminal cases.

Sections 582 and 583 of this title shall not apply to- (1) contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice; or (2) contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any action or proceeding brought or prosecuted in the name of, or on behalf of, the United States or the Government of the Virgin Islands-but the same, and all other cases of contempt not specifically embraced in such sections may be punished in conformity with the prevailing usages at law.

Whoever willfully- (1) disobeys any subpoena issued by any officer, board, commission or other agency within the executive branch of the Government of the Virgin Islands, authorized by law to issue subpoenas for witnesses; or (2) having appeared, refuses to be sworn or to answer as a witness before such officer or body, or to produce any documents, records or papers requested to be produced- shall be guilty of contempt and shall be fined not more than $200 or imprisoned not more than 30 days, or both.

The District Court of the Virgin Islands may compel the attendance of witnesses, the giving of testimony, and the production of books, papers, documents, and accounts, as required by a subpoena issued by any officer, chairman or other head of a board, commission or other agency referred to in section 585 of this title, on the filing, by such officer or chairman or other head, as the case may be, of a petition to the court asking that the witness be so compelled.

Whenever a person, having been summoned by subpoena to appear before any officer, board, commission or other agency within the executive branch of the Government of the Virgin Islands, authorized by law to issue subpoenas for witnesses, violates section 585 of this title, such officer, or the chairman or other presiding officer of such board, commission, or agency, as the case may be, shall certify a statement of the facts constituting such violation to the United States attorney for prosecution. In all such cases, the proceedings shall be brought in the District Court of the Virgin Islands in the name of the Government of the Virgin Islands, and shall conform as near as may be to those prescribed by rules of court for contempts not committed in the immediate view and presence of the court.

This chapter shall be known and may be cited as the "Criminally Influenced and Corrupt Organizations Act". History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

The purpose of this chapter is to curtail criminal activity and lessen its economic and political power in the Territory of the Virgin Islands by establishing new penal prohibitions and providing to law enforcement and the victims of criminal activity new civil sanctions and remedies. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

The provisions of this chapter shall be liberally construed to achieve its remedial purpose. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) Sophisticated criminal activity is diversified and diverts substantial sums from the Territory of the Virgin Islands' legitimate markets through fraud and corruption. (b) In addition to the more traditional criminal offenses, sophisticated criminal activity can involve the illegal manipulation of legitimate business and other enterprises by the use of fraudulent schemes and practices. (c) The money and power generated by sophisticated criminal activity can also be used to infiltrate legitimate business, to invest in real and personal property through trusts, alien corporations and fictitious names, and to subvert democratic and law enforcement processes in the Territory of the Virgin Islands and elsewhere. (d) Sophisticated criminal activity develops and flourishes when the criminal and other sanctions available to combat it are unnecessarily limited in scope and impact. (e) Traditional law enforcement strategies and techniques that concentrate on bringing criminal penalties to bear on individual offenders for the commission of specific offenses, and that do not focus on offenders involved in sophisticated criminal activity, and on their influence on various legal and illegal organizations and patterns of such sophisticated criminal activity, and that do not enlist the assistance of private enforcement through the use of civil sanctions are inadequate to control such sophisticated criminal activity. Comprehensive strategies must be developed, evidentiary, procedural and substantive laws must be strengthened, and criminal penalties and civil sanctions must be enhanced. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

As used in this chapter: (a) "Alien corporation" means a corporation organized under laws other than the laws of the United States, the laws of any state of the United States, or the laws of the Territory of the Virgin Islands. (b) "Attorney General" means the Attorney General of the Virgin Islands, and/or any duly authorized Assistant Attorney General, or other duly authorized attorney employed by the Virgin Islands Department of Justice. (c) "Beneficial interest" includes: (1) the interest of a person as beneficiary under a trust in which the trustee of the trust holds legal or record title to personal or real property; (2) the interest of a person as beneficiary under any other trust arrangement under which any other person holds legal or record title to personal or real property for the benefit of such other person; or (3) the interest of a person under any other form of express judiciary arrangement under which any other person holds legal or record title to personal or real property for the benefit of such person. The term "beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership. (d) "Civil proceeding" means any civil proceeding begun under this chapter. (e) "Criminal activity" means engaging in, attempting to engage in, conspiring to engage in, or soliciting, coercing, or intimidating another person to engage in the crimes, offenses, violations or the prohibited conduct as variously described in the laws governing this jurisdiction including any Federal criminal law, the violation of which is a felony and, in addition, those crimes, offenses, violations or prohibited conduct as found in the Virgin Islands Code as follows: (1) Title 3, chapter 25, Virgin Islands Code, relating to false testimony; (2) Title 5, chapter 343, Virgin Islands Code, relating to electronic surveillance; (3) Title 9, chapter 9, Virgin Islands Code, relating to foreign banks; (4) Title 9, chapter 11, Virgin Islands Code, relating to bTitle 3transfers and conduct; (5) Title 9, chapter 15, Virgin Islands CodeTitle 5elating to loans; (6) Title 9, chapter 17, Virgin Islands Code, relaTitle 9 disclosure of finance charges; (7) Title 11, chapter 29Title 9irchapter 11, Virgin Islands Codeonopolies and restraint of trade; (8) Title Title 9ptchapter 15, Virgin Islands Code relating to arson and other Title 9 of property; (9) Title 14, chapter 19, Virgin Islands Code, relating to bribTitle 11graft; (10) Title 14, chapter 21, Virgin Islands Code, relating to burglary; Title 14 (11) Title 14, chapter 23, Virgin Islands Code, relating to children; (12) TitTitle 14hachapter 19, Virgin Islands Codeelating to criminally influenced and cTitle 14rganizations; (13) Title 14, chapter 33, Virgin Islands CTitle 14ating to escape and rescue; (14) Title 14, chapter 35Title 14 Ichapter 30, Virgin Islands Codeion, oppression, and threats; (15) Title 14, chapter 39, ViTitle 14anchapter 33, Virgin Islands Coded counterfeiting; (16) Title Title 14techapter 35, Virgin Islands Codeting to fraud and false statements; (17) TitleTitle 14ptchapter 39, Virgin Islands Codeating to homicide; (18) Title 14, Title 1453chapter 41, Virgin Islands Codekidnapping; (19) Title 14, chapter 55,Title 14Ischapter 45, Virgin Islands Code and embezzlement; (20) Title 14, chapter 53, Virgin Islands CodeCode, relating to letters and mTitle 14 (21) Title 14, chapter 61, Virgin Islands Code, relating to lotterieTitle 14ing, and betting; (22) Title 14, chapter 63, Virgin Islands Code,Title 14g to malicious mischief; (23) Title 14, chapter 67, Virgin Islands Code, relaTitle 14mayhem; (24) Title 14, chapter 69, Virgin Islands Code, relatinTitle 14icle auto theft; (25) Title 14, chapter 75, Virgin Title 14Cochapter 69, Virgin Islands Codejustice; (26) Title 14, chapter 77Title 14 Ichapter 75, Virgin Islands Codey; (27) Title 14, chapter 81, Title 14slchapter 77, Virgin Islands Code and related offenses; (28) Tchapter 81, Virgin Islands Code Islands Code, relating to public officers and employees; Title 14 (29) Title 14, chapter 89, Virgin Islands Code, relating to records, documents, anTitle 14s; (30) Title 14, chapter 93, Virgin Islands Code, relating to robbery; (31) chapter 93, Virgin Islands Codelands Code, relating to sabotage; c(32)er 95, Virgin Islands Codergin Islands Code, relatiTitle 14olen property; (33) Title 14, chapter 113, Virgin Islands CodTitle 14inchapter 113, Virgin Islands Codepons; (34) Title 14, chapter 117, Virgin IslandTitle 14de, relating to credit cards; (35) Title 18, chapter 27, VirgiTitle 18s chapter 27, Virgin Islands Codenses; (36) Title 19, chapter Title 19inchapter 29, Virgin Islands Coderolled substances; (37) Title 33,Title 33 4chapter 45, Virgin Islands Codeg to offenses and forfeitures under Taxation and Finance; (38) Any conspiracy to commit any violation of the laws of this Territory relating to the crimes specifically enumerated above. (f) "Criminal activity lien" means the notice under section 610 of this chapter. (g) "Criminal proceeding" means any criminal proceeding begun under this chapter. (h) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, trust, or other legal entity, or any union, association or group of persons, associated in fact although not a legal entity, and includes illicit as well as licit enterprises and governmental as well as other entities. (i) "Innocent party" includes bona fide purchasers and victims. (j) "Pattern of criminal activity" means two or more occasions of conduct (1) that: (A) constitute criminal activity; (B) are related to the affairs of the enterprise; and (C) are not isolated; and (2) where: (A) at least one of the occasions of conduct occurred after November 9, 1990; (B) the last of the occasions of conduct occurred within five years of the filing of the action under this chapter, or within the relevant period within the Statute of Limitations as provided in section 3541 of Title 5, Virgin Islands Code, if such statutory period shall be greater than five years; excluding any period of imprisonment served by any person engaging in the conduct, after a prior occasion of conduct; and (C) for the purposes of section 606 [Criminal penalties] of this chapter, but not section 607 [Civil remedies] of this chapter, at least one of the occasions of conduct constituted a felony under the Virgin Islands Code, or, if committed subject to the jurisdiction of the United States, or any state of the United States, would constitute a felony under the Virgin Islands Code if committed in the Territory of the Virgin Islands. (k) "Pecuniary value" means: (1) anything of value in the form of money, a negotiable instrument, or a commercial interest, or anything else, the primary significance of which is economic advantage; or (2) any property or service that has a value in excess of $100. (l) "Person" means any individual or entity holding or capable of holding a legal or beneficial interest in property. (m) "Personal property" includes any personal property, or any interest in such personal property, or any right, including bank accounts, debts, corporate stocks, patents, or copyrights. Personal property and beneficial interest in personal property shall be deemed to be located where the trustee is located, where the personal property is located, or the instrument evidencing the right is located. (n) "Principal" means a person who himself engages in conduct constituting a violation, or a person who is accountable as a "principal" under Title 14, chapter 1, section 11 of the Virgin Islands Code, for the conduct of another which conduct constitutes a violation. (o) "Real property" means any real property or any interest in real property, including any lease of, or mortgage upon, real property. Real property and beneficial interest in real property shall be deemed to be located where the real property is located. (p) "Special verdict" shall have its ordinary meaning, except that for the purposes of any proceeding brought under this chapter, all such special verdicts shall be rendered separately by the trial court, immediately after any verdict rendered by the jury, if any. (q) "United States Attorney" includes any United States Attorney, or any duly authorized Assistant United States Attorney. (r) "Trustee" includes: (1) any person acting as a trustee under a trust in which the trustee holds legal or record title to personal or real property; or (2) any person who holds legal or record title to personal or real property, for which any other person has a beneficial interest; or (3) any successor trustee. The term "trustee" does not include an assignee or trustee for an insolvent debtor, a guardian under the Veterans' Guardianship Act, or an executor, administrator, administrator with will annexed, testamentary trustee, conservator, guardian or committee, appointed by, or under the control of, or accountable to, a court. (s) The word "he" shall include the female as well as the male gender. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) It is unlawful for any person employed by, or associated with, any enterprise, as that term is defined herein, to conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of criminal activity. (b) It is unlawful for any person, through a pattern of criminal activity, to acquire or maintain, directly or indirectly, any interest in, or control of, any enterprise or real property. (c) It is unlawful for any person who has received any proceeds derived, directly or indirectly, from a pattern of criminal activity in which he participated as a principal, to use or invest, directly or indirectly, any part of the proceeds thereof, or any proceeds derived from the investment or use of any of those proceeds, in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise. A purchase of securities on the open market with intent to make an investment, and without the intent of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this section, if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern of criminal activity do not amount in the aggregate to one percent (1%) of the outstanding securities of any one class and do not confer, either in law or in fact, the power to elect one or more directors of the issuer of said securities. (d) It is unlawful for any person to conspire or attempt to violate, either directly or through another or others, the provisions of section 605, subsections (a), (b), and (c). History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) Any person convicted of conduct constituting a violation of any provision of section 605 [Violations] of this chapter shall be guilty of a felony and may be fined not more than $500,000.00 or imprisoned not more than 15 years, or both. (b) In lieu of the fine authorized by subsection (a) of this section, any person convicted of conduct constituting a violation of any provision of section 605 [Violations], through which he derived pecuniary value, or by which he caused personal injury, not including pain and suffering, or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained, or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property ordered forfeited under this chapter, notwithstanding the fact that such amount may be greater than $500,000. The trial court shall hold a hearing to determine the amount of the fine authorized by this subsection. (c) Any person convicted of conduct constituting a violation of any of the provisions of section 605 [Violations], may be required to criminally forfeit, according to the procedures established in subsection (d) of this section, to the Government of the Territory of the Virgin Islands, any real or personal property used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of section 605, including any property constituting an interest in, or means of control or influence over, the enterprise involved in the conduct in violation of section 605 or any property constituting proceeds derived from the conduct in violation of section 605, including: (1) any position, office, appointment, tenure, commission, or employment contract of any kind that he acquired or maintained in violation of section 605, or through which he conducted or participated in the conduct of the affairs of an enterprise in violation of section 605, or that afforded him a source of influence or control over the affairs or enterprise that he exercised in violation of section 605; (2) any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract described in this section that accrued to him during the period of conduct in violation of section 605; (3) any interest in, security of, claim against, or property or contractual right affording him a source of influence or control over the affairs of an enterprise that he exercised in violation of section 605; or (4) any amount payable or paid under any contract for goods or services that was awarded or performed in violation of section 605. (d) A judgment of criminal forfeiture may not be entered unless the information alleges, to the extent practicable, the nature and extent of the property subject to forfeiture. The allegations within the information as to the nature and extent of the property subject to forfeiture may be amended by the Attorney General or the United States Attorney, as the case may be, at any time prior to trial. If such an amendment is made, the trial court shall grant any party who then requests a continuance of trial such additional time as to the court shall seem just and reasonable. (1) If the information alleges that property is subject to criminal forfeiture, a special verdict, as previously defined herein, shall be returned by the trial court as to the extent of the property, if any, subject to forfeiture. (2) When a verdict contains a finding of property subject to a criminal forfeiture, a judgment of criminal forfeiture shall be entered. (e) If any property included in a special verdict of criminal forfeiture: (1) cannot be located; (2) has been sold to a bona fide purchaser for value; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value by the conduct of the defendant; (5) has been commingled with other property that cannot be divided without difficulty or undue injury to innocent persons; or (6) is otherwise unreachable without undue injury to innocent persons the trial court may order forfeiture of any other property of the defendant up to the value of the property that is unreachable. (f) Upon the filing of an information, the trial court, after a hearing with respect to which any person who will be affected, and who is known to the prosecuting authority filing the information, has been given reasonable notice and opportunity to participate, but at which the usual rules of evidence shall not apply, may, based on the information: (1) enter a restraining order or injunction; (2) require the execution of a performance bond, except that the Government of the Virgin Islands shall under no circumstances be required to execute any such bond; or (3) take any other action including, but not limited to, the appointment of a receiver, that the Attorney General or United States Attorney shows by a preponderance of the evidence is necessary to preserve the reachability of property alleged to be subject to criminal forfeiture. (g) If no information has been filed, the Attorney General or United States Attorney, in addition to the showing otherwise specified by this section, shall similarly show that: (1) there is probable cause to believe that the property with respect to which the order is sought would, in the event of a conviction, be subject to criminal forfeiture under this section; and that (2) the requested order would not result in substantial and irreparable harm or injury to the party against whom the order is to be entered that outweighs the need to preserve the reachability of the property. No order so entered shall be effective for more than 90 days unless it is extended by the court for good cause shown or unless an information is filed alleging that the property is subject to forfeiture. (h) Upon application by the Attorney General or United States Attorney, a temporary restraining order to preserve the reachability of property subject to criminal forfeiture under this section of this chapter shall be granted without the requirement of notice to any party if: (1) an information alleging that property is subject to criminal forfeiture has been filed or if the appropriate court of competent jurisdiction determines that there is probable cause to believe that property with respect to which the order sought would, in the event of a conviction, be subject to criminal forfeiture under this section; (2) the property is in the possession or control of the party against whom the order is to be entered; and (3) the Superior Court or the United States District Court, as the case may be, determines that the nature of the property is such that it can be disposed of or placed beyond its jurisdiction before any party may be heard in opposition. A temporary restraining order granted without notice to any party under this section shall expire within such time, not to exceed 60 days, as the court which issues such order shall fix, unless extended for good cause shown, or unless the party against whom it is entered consents to an extension for a longer period. If a temporary restraining order is granted under this section without notice to any party, a hearing concerning the entry of an order under this section shall be held at the earliest practicable time and prior to the expiration of the temporary order. (i) Following the entry of a judgment that includes a fine or an order of criminal forfeiture, or both under this section, the trial court may take such action as shall seem just and proper in order to protect the interests of the Government of the Territory of the United States Virgin Islands or an innocent party or parties; including, but not limited to, entering a restraining order or injunction, requiring the execution of a satisfactory performance bond, or appointing a receiver. (j) An order of criminal forfeiture entered under this section shall authorize the Attorney General or the United States Attorney, as the case may be, to seize the property declared forfeited under this section, upon such terms and conditions, relating to the time and manner of seizure, as the trial court shall deem proper. The Attorney General or United States Attorney shall direct the disposition of the property in accordance with the provisions of section 608 [Forfeiture procedures] of this chapter. (k) Fines collected under this section shall be applied to the costs and expenses of investigation and prosecution, including cost of resources and personnel incurred in investigation and prosecution, and the balance, if any, shall be deposited into the Criminal Activity Investigation and Prosecution Fund established under section 609 of this chapter. (l) Criminal penalties and fines under this section are supplemental and not mutually exclusive, except where so designated, and shall not preclude the application of any other criminal or civil remedy under this chapter or under any other provision of law. (m) In any settlement discussions or prior to the imposition of any sentence hereunder, the Attorney General or United States Attorney shall, in addition to any other appropriate matter, vigorously advocate full and complete restitution to any aggrieved person, and the trial court, prior to the acceptance of a plea or after a verdict, but prior to the imposition of any sentence under this chapter, shall not consider any matter in mitigation until full and complete restitution has been duly effected or a satisfactory explanation of why such restitution is impractical has been made to the court. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) The Attorney General, or any aggrieved person, may institute civil proceedings against any person in the Superior Court or United States District Court in order to obtain relief from conduct constituting a violation or in order to prevent or restrain a violation of any provision or provisions of section 605 [Violations] of this chapter. If the plaintiff in such a proceeding proves the alleged violation by a preponderance of the evidence, the trial court may, after making due provision for the rights of innocent persons, grant relief by entering any appropriate order or judgment, including, but not limited to: (1) ordering any defendant to divest himself of any interest in any enterprise, or in any real property; (2) imposing reasonable restrictions upon the future activities or investments of any defendant, including prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of section 605 [Violations]; (3) ordering the dissolution or reorganization of any enterprise; (4) ordering the suspension or revocation of any license, permit, or prior approval granted to any enterprise by any agency of the Territory; or (5) ordering the surrender of the certificate or charter of a corporation organized under the laws of the Territory of the Virgin Islands or the revocation of a certificate authorizing a foreign corporation to conduct business within the Territory of the Virgin Islands upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct made unlawful by section 605 [Violations] and that, for the prevention of future criminal conduct, the public interest requires that the charter of the corporation be surrendered and that the corporation be dissolved or the certificate revoked. (6) None of the above provisions shall be held to limit the existing equitable powers of the trial court. (b) Relief under subsections (a)(4) and (a)(5) of this section, shall not be granted in civil proceedings instituted by an aggrieved person unless the Attorney General has intervened under subsection (e) of this section. In a proceeding under this section, injunctive relief shall be granted in conformity with the principles that govern the granting of relief from injury or threatened injury in other cases, but no showing of special or irreparable injury shall have to be made. Pending final determination of a proceeding initiated under this section, a temporary restraining order or a preliminary injunction shall be issued upon a showing of immediate danger of significant injury, including the possibility that any judgment for money damages might be difficult to execute, and, in a proceeding initiated by an aggrieved person, upon the execution of proper bond against injury for an injunction improvidently granted. Under no circumstances shall the Government of the Virgin Islands be required under this chapter to execute a bond. If the trial court issues an injunction, or grants other relief under this section, or the plaintiff otherwise substantially prevails, the plaintiff shall also recover reasonable attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred. (c) Any person, directly or indirectly, injured by conduct constituting a violation by any person of the provisions of section 605 [Violations] shall, in addition to any other relief under this section, have a cause of action subject to the in pari delicto defense for three-fold the actual damages he has sustained. Damages shall not include pain and suffering. Damages under this section shall not be limited to competitive injury or distinct injury. In an action under this section, where the plaintiff substantially prevails, the plaintiff shall also recover reasonable attorney's fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. Any person so injured shall have a right or claim to any property criminally forfeited to the Government of the Territory of the Virgin Islands or against which any fine under section 606 [Criminal penalties], subsection (b) of this chapter, or against which any civil penalty under this section may be imposed, superior to any right or claim of the Government of the Territory of the Virgin Islands to the property, up to the value of treble damages, fees, and costs awarded in an action under this subsection. The Government of the Territory of the Virgin Islands shall have a right of subrogation to the extent that an award made to a person so injured is satisfied out of property criminally forfeited to the Government of the Territory of the Virgin Islands or against which any fine under section 606 [Criminal penalties] or civil penalty under this section may be imposed. (d) Notwithstanding any other provision of law, any pleading, motion or other paper filed by an aggrieved party in connection with a proceeding or action under subsections (a) and (b) of this section shall be verified. Where the aggrieved person is represented by an attorney, such pleading, motion, or other paper shall be signed by at least one attorney of record in his individual name, whose address shall be stated. Where such pleading, motion, or other paper includes an averment of fraud, coercion, or accomplice or conspiratorial accountability, it shall state, insofar as is practicable, the circumstances with particularity. The verification by an aggrieved party and the signature by an attorney required by this subsection shall constitute a certification by said aggrieved party and by said attorney that they have carefully read the pleading, motion, or other paper and, based on a reasonable inquiry, believe that: (1) it is well grounded in fact; (2) it is warranted by existing law, or a good faith argument for the extension, modification or reversal of existing law; and (3) it is not made for any improper purpose, including to harass, to cause unnecessary delay, to force a needless increase in the cost of litigation, or to force an unjust settlement through the serious nature of the averment. (e) The Attorney General may institute proceedings against any enterprise, other than an individual, to recover a civil penalty to be imposed in the discretion of the trial court, for conduct constituting a violation of any provision of section 605 [Violations]. The civil penalty shall not exceed one million dollars ($1,000,000.00) less the value of any property criminally forfeited or any fine imposed under section 606 [Criminal penalties]. Penalties collected under this subsection shall be applied to the costs and expenses of investigation and prosecution, and the balance, if any, to the Criminal Activity Investigation and Prosecution Fund established under section 609 of this chapter. (f) Upon the filing of a civil proceeding or action under this section, the United States Attorney or any other aggrieved person shall immediately notify the Attorney General of its filing. The Attorney General may, upon timely application, intervene in any civil proceeding or action brought under this section if the Attorney General certifies that, in the opinion of the Attorney General, the proceeding or action is of general public importance. In any proceeding or action brought by an aggrieved person, the Government of the Virgin Islands, by the Attorney General, shall be entitled to the same relief as if the Attorney General had instituted the proceeding or action. (g) A final judgment or decree rendered against the defendant in any civil or criminal proceeding or action under this section or section 606 [Criminal penalties] shall estop the defendant in any subsequent civil proceeding or action brought by any person as to all matters as to which the judgment or decree would be an estoppel as between the parties to the civil or criminal proceeding or action. (h) Notwithstanding any other provisions of law providing a shorter period of limitations, a civil proceeding or action under this section may be commenced within five years after the conduct made unlawful under section 605 [Violations], or when the cause of action otherwise accrues or within any longer statutory period that may be applicable. If a criminal proceeding or civil action or other proceeding is brought by the Attorney General or the United States Attorney to punish, prevent or restrain any activity made unlawful under section 605 [Violations], the running of the period of limitations prescribed by this section with respect to any other cause of action of an aggrieved person under subsections (a), (b), or (c) of this section, based in whole or in part upon any matter complained of in any such prosecution, action or proceeding, shall be suspended during the pendency of such prosecution, action or proceeding and for two years following its termination. (i) Notwithstanding any other provision of this section, any person who has perfected a security interest in personal or real property or a beneficial interest in such property for the payment of an enforceable debt or other similar obligation prior to the filing of a criminal activity lien notice or a lis pendens in reference to such property or interest may foreclose such interest as otherwise provided by law. The foreclosure of such interest shall, insofar as it is practicable, be made in such a fashion that it will not otherwise interfere with a forfeiture under this chapter. (j) Personal service of any process in a proceeding or action under this section may be made upon any person outside the Territory of the Virgin Islands if the person was a principal in any conduct constituting a violation of this chapter in this Territory. The person shall be deemed, by having engaged in such conduct within this Territory, to have thereby submitted himself to the jurisdiction of the courts of this Territory for the purposes of this section. (k) The application of any civil remedy under this section shall not preclude the application of any other civil or criminal remedy under this chapter or any other provision of law. Civil remedies under this section shall be supplemental and not mutually exclusive. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) The Attorney General or United States Attorney, as the case may be, shall dispose of all property ordered forfeited in any criminal proceeding under this chapter as soon as feasible, making due provisions for the rights of innocent persons, by: (1) public sale; (2) transfer to a Territorial governmental agency for official use; (3) sale or transfer to an innocent person; (4) destruction, if the property is not needed for evidence in any pending criminal or civil proceeding. (b) Any interest in personal or real property not exercisable by, or transferable for value by, the Government of the Territory of the Virgin Islands, shall expire and shall not revert to the defendant. No defendant or any person acting in concert with him or on his behalf shall be eligible to purchase the subject forfeited property from the Government of the Territory of the Virgin Islands. (c) With respect to property ordered forfeited, a fine imposed, or a civil penalty imposed in any criminal or civil proceeding under this chapter, the Superior Court or the United States District Court may, upon petition of the Attorney General or the United States Attorney or any other person authorize: (1) the compromise of claims; (2) the awarding of compensation to persons providing information resulting in a forfeiture under this chapter; (3) the granting of petitions to restore forfeited property or imposed fines to victims of a violation of section 605 [Violations] of this chapter; or (4) the taking of any other action to protect the rights of innocent persons that is in the interest of justice and that is consistent with the purposes of this chapter. (d) The proceeds of any sale or other disposition of forfeited property imposed under this chapter, whether by final judgment, settlement or otherwise, shall be applied as follows: (1) to the fees and costs of the forfeiture and sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising, and court costs; (2) to all costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution; and (3) the balance to the credit of the Virgin Islands Department of Justice for the costs and expenses of investigation and prosecution in the Criminal Activity Investigation and Prosecution Fund established by section 609 [Criminal Activity Investigation and Prosecution Fund] of this chapter. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) The proceeds of all forfeitures ordered, fines imposed, or civil penalties imposed under this chapter shall be transmitted to the Treasury of the Government of the Territory of the Virgin Islands and deposited in a special fund, hereby created, to be known as the "Criminal Activity Investigation and Prosecution Fund". No monies shall be available for expenditure from said fund except as provided by law. (b) The maximum amount of monies to be deposited in the Criminal Activity Investigation and Prosecution Fund by the Commissioner of Finance shall not exceed $750,000.00. Any additional monies over that amount shall be disbursed as follows: (1) forty percent (40%) to the Virgin Islands Police Department; (2) twenty percent (20%) to the Drug Treatment Center on the Island of St. Croix; (3) twenty percent (20%) to the Virgin Islands Drug Education Program; and (4) twenty percent (20%) to the Virgin Islands Drug Enforcement Bureau. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408; amended Mar. 5, 2005, No. 6730, § 23, Sess. L. 2005, p. 106.

(a) Upon the institution of any criminal or civil proceeding or action under this chapter, the Attorney General or the United States Attorney then or at any time during the pendency of the proceeding, as the case may be, may file in such official records as the nature of the property shall determine, a Criminal Activity Lien Notice. No filing fee or other charge shall be required as a condition for such filing. The clerk of the trial court shall, upon the presentation of a Criminal Activity Lien Notice, immediately record it in the official records. (b) The Criminal Activity Lien Notice shall be signed by the Attorney General or United States Attorney, as the case may be. The notice shall be in such form as the Attorney General prescribes and shall set forth the following information: (1) The name of the person against whom the criminal or civil proceeding or action has been brought. In his discretion, the Attorney General or United States Attorney may also name in the Criminal Activity Lien Notice any other aliases, names or fictitious names under which the person may be known. In his discretion, the Attorney General or the United States Attorney may also name in the Criminal Activity Lien Notice any corporation, partnership, or other entity that is either controlled by or entirely owned by the person; (2) If known to the Attorney General or United States Attorney, the present residence and business addresses of the person named in the Criminal Activity Lien Notice and of the other names set forth in the Criminal Activity Lien Notice; (3) A reference to the criminal or civil proceeding or action stating that a proceeding under this chapter has been brought against the person named in the Criminal Activity Lien Notice, the name of the court where the proceeding or action has been brought, and, if known to the Attorney General or United States Attorney at the time of filing the Criminal Activity Lien Notice, the case number of the proceeding or action; (4) A statement that the notice is being filed pursuant to this chapter; and (5) The name and address of the Office of the Attorney General or the United States Attorney's Office, whichever is the law enforcement agency filing the Criminal Activity Lien Notice, and the name of the individual signing the Criminal Activity Lien Notice. (c) A Criminal Activity Lien Notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names or other names, including names of corporations, partnerships, or other entities, to the extent permitted in this section. A separate Criminal Activity Lien Notice shall be filed for any other person against whom the Attorney General or United States Attorney desires to file a Criminal Activity Lien Notice under this section. (d) The Attorney General or United States Attorney, as the case may be, shall, as soon as practicable after filing of the Criminal Activity Lien Notice, furnish to the person named in the notice by certified mail, return receipt requested, to the last known business or residential address, either a copy of the recorded notice or a copy of the notice with a notation on it of the court in which the notice has been recorded. The failure of the Attorney General or United States Attorney to furnish a copy of the notice under this section shall not invalidate or otherwise affect the notice. (e) The filing of a Criminal Activity Lien Notice creates, from the time of its filing, a lien in favor of the Government of the Territory of the Virgin Islands on the following property of the person or other entity named in the notice and against any other names set forth in the notice: (1) any personal or real property situated in the Territory of the Virgin Islands where the notice is filed then or thereafter owned by the person or under any of the above names; and (2) any beneficial interest in it located in the Territory of the Virgin Islands where the notice is filed then or thereafter owned by the person or under any of the names. (f) The lien shall commence and attach as of the time of filing of the Criminal Activity Lien Notice and shall continue thereafter until expiration, termination or release as provided herein. The lien created in favor of the Government of the Territory of the Virgin Islands shall be superior to and prior to the interest of any other person in the personal or real property or beneficial interest in it, if the interest is acquired subsequent to the filing of the notice. (g) In conjunction with any civil proceeding or action the Attorney General or United States Attorney, as the case may be, may: (1) file without prior court order a lis pendens under the provisions of Title 5 oTitle 5 of the Virgin Islands Codesuch case, any person acquiring an interest in the real property or beneficial interest in it, if the real property or a beneficial interest is acquired subsequent to the filing of the lis pendens, shall take the interest subject to the civil proceeding or action and any subsequent judgment of forfeiture; and (2) in any such civil proceeding or action, name as defendants, in addition to the person named in the notice, any person or persons acquiring an interest in the personal or real property or beneficial interest in it subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding or action in favor of the Government of the Territory of the Virgin Islands, the interest of any person or persons in the property that was acquired subsequent to the filing of the notice and judgment of forfeiture shall be subject to the notice and judgment of forfeiture. (h) Upon the entry of a final judgment of forfeiture in favor of the Government of the Territory of the Virgin Islands, the title of the Government of the Territory of the Virgin Islands shall: (1) in the case of real property, or a beneficial interest in it, relate back to the date of filing of the Criminal Activity Lien Notice in the official records of the judicial subdivision where the real property or a beneficial interest in it is located; and if no Criminal Activity Lien Notice is filed, then to the date of the filing of any notice of lis pendens under paragraph (1) of subsection (g) of this section in the official records of the judicial subdivision where the real property or a beneficial interest in it is located; and if no Criminal Activity Lien Notice or notice of lis pendens is filed, then to the date of recording of the final judgment of forfeiture in the official records of the judicial subdivision where the real property or a beneficial interest in it is located; and (2) in the case of personal property or a beneficial interest in it, relate back to the date the personal property or the beneficial interest in it was seized by the Government of the Territory of the Virgin Islands, or to the date of the filing of a Criminal Activity Lien Notice in the official records of the judicial subdivision where the personal property or a beneficial interest in it was located, but if the property was not seized or no Criminal Activity Lien Notice was filed, then to the date of the recording of the final judgment of forfeiture in the official records of the judicial subdivision where the personal property or a beneficial interest in it is located. (i) If personal or real property or a beneficial interest in it subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a Criminal Activity Lien Notice, or after the filing of a civil proceeding or action or criminal proceeding, whichever is earlier, the Government of the Virgin Islands may institute an action in any court of appropriate jurisdiction against the person named in the Criminal Activity Lien Notice or the defendant in the civil proceeding or criminal proceeding; and such court shall enter final judgment against the person named in the Criminal Activity Lien Notice or the defendant in the civil proceeding in an amount equal to the fair market value of the property or any beneficial interest in it together with investigative costs and attorney's fees incurred by the Government of the Virgin Islands in the action. If a civil proceeding or action is pending, such action shall be filed only in the Superior Court or the District Court where such civil proceeding or action is pending. (j) If personal or real property or a beneficial interest in it subject to forfeiture is conveyed, alienated, or otherwise disposed of after the filing of a Criminal Activity Lien Notice or after the filing of a civil proceeding or action or criminal proceeding, whichever is earlier, such court of appropriate jurisdiction may treat it as a fraudulent and preferential conveyance. (k) A trustee, who acquires actual knowledge that a Criminal Activity Lien Notice or a civil proceeding or action or criminal proceeding has been filed against any person for whom he holds legal or record title to personal or real property, shall immediately furnish to the Attorney General or United States Attorney the following: (1) the name and address of said person, as known to the trustee; (2) the name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the personal or real property; and (3) a copy of the trust agreement or other instrument under which the trustee holds legal or record title to the personal or real property. Any trustee who, within thirty days of acquiring such actual knowledge, fails to comply with the provisions of this section shall be subject to a fine of not more than $250,000.00. (l) Any trustee who transfers or conveys title to personal or real property for which a Criminal Activity Lien Notice, naming a person who holds a beneficial interest in said property, has been filed in the judicial subdivision where the personal or real property is located; and where said notice has been so filed at the time of said transfer or conveyance; and who transfers or conveys such property while having actual notice of the Criminal Activity Lien Notice; shall, in addition to the provisions of subsection (k)(3) of this section, be liable to the Attorney General or United States Attorney, as the case may be, for the greater of: (1) the amount of proceeds received directly by the person named in the Criminal Activity Lien Notice as a result of the transfer or conveyance; (2) the amount of proceeds received by the trustee as a result of the transfer or conveyance and distributed to the person named in the Criminal Activity Lien Notice; or (3) the fair market value of the interest of the person named in the Criminal Activity Lien Notice in the personal or real property conveyed; but if the trustee transfers or conveys the personal or real property for at least its fair market value and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds held for so long as the proceeds are held by the trustee. (m) The filing of a Criminal Activity Lien Notice shall not constitute a lien on the record title to personal or real property as owned by the trustee except to the extent that the trustee is named in the Criminal Activity Lien Notice. The Government of the Territory of the Virgin Islands may bring a civil proceeding in any appropriate court to recover from the trustee the amounts set forth in subsection (l) of this section, and the Attorney General or United States Attorney shall also be entitled to recover investigative costs and attorney's fees incurred as determined by the Attorney General or the United States Attorney. (n) The filing of a Criminal Activity Lien Notice shall not affect the use to which personal or real property, or a beneficial interest in it, owned by the person named in the Criminal Activity Lien Notice, may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property, until a judgment of forfeiture is entered. (o) The provisions of this section shall not apply to any transfer or conveyance by a trustee under a court order, unless the court order is entered in an action between the trustee and the beneficiary. (p) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a Criminal Activity Lien Notice or is otherwise a defendant in a civil proceeding or action under this chapter, this section shall not apply to: (1) any conveyance by a trustee required under the terms of any trust agreement, where the trust agreement is a matter of public record prior to the filing of any Criminal Activity Lien Notice; or (2) any transfer or conveyance by a trustee to all of the persons who own a beneficial interest in the trust. (q) The term of a Criminal Activity Lien Notice shall be for a period of 6 years from the date of filing unless a renewal Criminal Activity Lien Notice has been filed by the Attorney General or United States Attorney, as the case may be, and, in such case the term of the renewal notice shall be for a period of 6 years from the date of the latter filing. The Attorney General or United States Attorney shall be entitled to only one renewal of the Criminal Activity Lien Notice. (r) The Attorney General or United States Attorney filing the Criminal Activity Lien Notice may release, in whole or in part, any Criminal Activity Lien Notice or may release any personal or real property or beneficial interest in it from the Criminal Activity Lien Notice upon such terms and conditions as he may determine. Any release of a Criminal Activity Lien Notice executed by the Attorney General or United States Attorney may be filed in the official records of any Superior Court or United States District Court. No charge or fee shall be imposed for the filing of any release of a Criminal Activity Lien Notice. (s) If no civil proceeding or action has been instituted by the Attorney General or United States Attorney seeking a forfeiture of any property owned by the person named in the Criminal Activity Lien Notice, the acquittal in the criminal proceeding of the person named in the Criminal Activity Lien Notice or the dismissal of the criminal proceeding shall terminate the Criminal Activity Lien Notice and, in such case, the filing of the Criminal Activity Lien Notice shall have no effect. If a civil proceeding has been instituted, in the event the criminal proceeding has been dismissed or the person named in the Criminal Activity Lien Notice has been acquitted in the criminal proceeding, the Criminal Activity Lien Notice shall continue for the duration of the civil proceeding. (t) If no criminal or civil proceeding or action under this chapter is then pending against the person named in a Criminal Activity Lien Notice, any person named in a Criminal Activity Lien Notice may institute an action against the Attorney General or United States Attorney, whichever filed said Criminal Activity Lien Notice, in the court where the notice has been filed, seeking a release or extinguishment of the notice and, in such case: (1) The court shall, upon the motion of the person, immediately enter an order, setting a date for a hearing which date shall not be less than ten (10) nor more than twenty (20) days after the suit has been filed, and the order, along with a copy of the complaint, shall be served on the Attorney General or United States Attorney, whichever filed the notice, within three days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any personal or real property or beneficial interest in it owned by such person is covered by the Criminal Activity Lien Notice or is otherwise subject to forfeiture under this chapter, and, if such person shows by the preponderance of the evidence that the Criminal Activity Lien Notice is not applicable to him or that any personal or real property or beneficial interest in it owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the Criminal Activity Lien Notice or releasing the personal or real property or beneficial interest in it from the Criminal Activity Lien Notice; (2) The court shall immediately enter its order releasing from the Criminal Activity Lien Notice any specific personal or real property or beneficial interest in it, if a sale of the personal or real property or beneficial interest in it is pending and the filing of the notice prevents the sale of the property or interest, but the proceeds of the sale of the personal or real property or beneficial interest in it shall be deposited into the registry of the court, subject to the further order of the said court; and (3) At the hearing, the court may release from the Criminal Activity Lien Notice any personal or real property or beneficial interest in it upon the posting by such person of such security as is equal to the value of the personal or real property or beneficial interest in it owned by such person. (u) In the event a civil proceeding is pending against a person named in a Criminal Activity Lien Notice, the Superior Court or United States District Court, upon motion by the person, may grant the relief set forth in this section. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) Each alien corporation desiring to acquire of record any personal or real property in the Territory of the Virgin Islands shall have, prior to acquisition, and shall maintain continuously in this Territory during any year thereafter in which the personal or real property is owned by the alien corporation: (1) a registered office; and (2) a registered agent, which agent may be either: (A) an individual resident in the Territory of the Virgin Islands whose business office is identical with the registered office; or (B) another corporation authorized to transact business in the Territory of the United States Virgin Islands having a business office identical with the registered office. (b) Each registered agent appointed under this section, on whom process may be served, shall file a statement in writing with the Lieutenant Governor's office accepting the appointment as registered agent simultaneously with being designated. (c) Each alien corporation shall file with the Lieutenant Governor no earlier than January 1 and no later than March 1 of each year, a sworn report on such forms as the Lieutenant Governor shall prescribe setting forth: (1) the name of the alien corporation; (2) the street address of the principal office of the alien corporation; (3) the name and street address of each officer and each director of the alien corporation; (4) the name and street address of the registered agent and registered office of the alien corporation; and (5) the signature of the corporate president, vice president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the day immediately preceding filing of said report. (d) The Lieutenant Governor shall record the status of any alien corporation that fails to comply with the requirements of this section [Registration of alien corporations]. (e) No alien corporation that fails to file a report as required by this section or fails to maintain a registered office and a registered agent as required by this section shall be entitled to own, purchase, or sell any personal or real property in the Territory of the Virgin Islands nor shall it be entitled to sue or defend in the courts of this Territory until the requirements of this section have been complied with. (f) The filing of a report by a corporation as required by this section shall be solely for the purposes of this chapter and shall not otherwise be used as a determination of whether a corporation is actually doing business in the Territory of the Virgin Islands. (g) The Lieutenant Governor shall charge and collect, for the use of the Government of the Virgin Islands, the following fees upon the receipt for filing of certain documents relating to alien corporations: (1) For filing an acceptance of an appointment as a registered agent pursuant to subsection (b) of this section, a fee of $25.00 for each appointment shall be paid. (2) For filing the annual report mandated by subsection (c) of this section, the fee shall be $400.00. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408; amended Aug. 17, 1999, No. 6287, § 19, Sess. L. 1999, p. 47.

(a) Whenever any person is reasonably suspected to have engaged in, or to be engaging in, or about to engage in any conduct constituting a violation of any of the provisions of section 605 [Violations] of this chapter the Attorney General may, in his discretion, conduct an investigation of the conduct. The Attorney General is authorized before the commencement of and during any civil or criminal proceeding or action under this chapter to subpoena witnesses, compel their attendance, examine them under oath, or to require the production of any books, documents, records, writings, recordings or tangible things (hereinafter referred to as "documentary material") relevant or material to the investigation, for inspection, reproducing, and/or copying. (b) Service of subpoena of the Attorney General under this paragraph may be made by: (1) delivery of a duly executed copy of it to the person to be served, or, if a person is not a natural person, to the principal place of business of the person to be served; or (2) mailing by certified mail, return receipt requested, a duly executed copy of it addressed to the person to be served at his principal place of business in this Territory, or, if the person has no place of business in this Territory, to his principal office. (c) Any subpoena issued by the Attorney General under this section shall contain the following information: (1) the nature of the conduct constituting the suspected violation that is under investigation and the provision of law applicable to it; (2) the date, not less than ten days from the date of service of the subpoena, and the place where the person is required to appear or produce documentary material in his possession, custody, or control; and (3) a description by class of any documentary material required to be produced, that indicates the material demanded. (d) When documentary material is demanded by subpoena, the subpoena shall not contain any requirement that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court in this Territory. (e) The production of documentary material in response to a subpoena served under this section shall be made under a sworn certificate, in such form as the subpoena designates, by the person, if a natural person, to whom the demand is directed, or, if not a natural person, by a person having knowledge of the facts and circumstances relating to the production, to the effect that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the custodian and that he has not destroyed, secreted or otherwise disposed of any documentary material for the purpose of avoiding compliance with the subpoena. (f) The Attorney General may in his discretion require the production under this section of documentary material prior to the taking of any testimony of the person subpoenaed. The required documentary material shall be made available for inspection or copying at such time and place as the Attorney General reasonably designates. (g) The examination of all witnesses under this subsection shall be conducted by the Attorney General before an officer authorized to administer oaths in this Territory. The testimony shall be taken stenographically or by a sound recording device and shall be transcribed. The Attorney General may exclude from the place where the examination is being held all persons except the person being examined, his counsel, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. Any person compelled to appear under a demand for oral testimony under this chapter may be accompanied, represented, and advised by counsel. The examination shall be conducted in a manner consistent with Title 5 of the Virgin Islands Code. (h) While in the possession of the Attorney General and under such reasonable terms and conditions as the Attorney General shall prescribe: (1) Documentary material shall be available for examination by the person who produced the material or by any duly authorized representative of the person; and (2) Transcripts of oral testimony shall be made available for examination by the person who produced such testimony, or his counsel, upon payment of any costs for transcription or copying. (i) No person served with a subpoena by the Attorney General under this section shall be paid the same fees and mileage as paid witnesses in the courts of this Territory. (j) No person shall, with intent to avoid, evade, prevent or obstruct compliance, in whole or in part, by any person with any duly served subpoena of the Attorney General under this section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter or by any other means falsify any documentary material that is the subject of the subpoena. A violation of this subsection is a felony constituting obstruction of justice as provided in Title 14, chapter 75 of the Virgin Islands Code. The Attorney General shall investigate suspected violations of this subsection and shall commence and maintain all prosecutions under this subsection. (k) In the event a witness served with a subpoena by the Attorney General under this section fails or refuses to appear or to produce documentary material as provided by it, or to give testimony relevant or material to the investigation, the Attorney General may petition the court of the judicial subdivision where the witness resides for an order requiring the witness to attend and to testify or to produce the documentary material. Any failure or refusal by the witness to obey such a court order shall be punishable as contempt. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

(a) If a person is or may be called to produce evidence at a hearing or trial under this chapter or at an investigation brought by the Attorney General under section 612 [Investigation by Attorney General] of this chapter the court for the judicial subdivision in which the hearing, trial, or investigation is or may be held, upon a request of the Attorney General or United States Attorney, as the case may be, which request is certified in writing, shall issue an order, ex parte or after a hearing, requiring the person to produce evidence, notwithstanding his refusal to do so on the basis of the privilege against self-incrimination. (b) The Attorney General or United States Attorney may certify and request an ex parte order under this section if in his judgment: (1) The production of the evidence is necessary to the public interest; and (2) The person has refused or is likely to refuse to produce evidence on the basis of his privilege against self-incrimination. (c) If a person refuses, on the basis of his privilege against self-incrimination, to produce evidence in any proceeding described in this section, and the presiding officer informs the person of an order issued under this section, the person may not refuse to comply with the order on the basis of his privilege against self- incrimination. If the person refuses to comply with the order, he shall be punished by the Superior Court or United States District Court for contempt. (d) The production of evidence compelled by order issued under this section, and any information directly or indirectly derived from it, may not be used against the person in a subsequent criminal case, arising out of the same facts or circumstances, except in a prosecution for perjury, false swearing, or an offense otherwise involving a failure to comply with the order. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

If any provision of this chapter or the application of it to any person or circumstances is held to be invalid, the invalidation shall not affect any other provisions or applications of the chapter and to this end the provisions of this chapter are declared to be severable. History: Added Nov. 9, 1990, No. 5649, § 2, Sess. L. 1990, p. 408.

Whoever- (1) not in necessary self-defense, and in the presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry, and threatening manner; or (2) in any manner unlawfully uses the same in any fight or quarrel- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever maliciously and willfully- (1) disturbs the peace or quiet of any village, town, neighborhood or person, by loud or unusual noise, or by tumultuous offensive conduct, or threatening, traducing, quarreling, challenging to fight or fighting; or (2) on the public streets, or upon the public highways, or within hearing of such streets or highways, uses any vulgar, profane, or indecent language in a loud and boisterous manner- shall be fined not more than $100 or imprisoned not more than 90 days, or both.

Whoever engages in, instigates, aids, encourages, or does any act to further a contention or a fight, between two or more persons shall be fined not more than $100 or imprisoned not more than 90 days, or both.

Whoever- (1) willfully disturbs or disquiets any assemblage of people met for religious worship or any other purpose not unlawful in character, by noise, profane discourse, rude or indecent behaviour or any unnecessary noise, either within the place where the meeting is held, or so near as to disturb the order and solemnity of the meeting; or (2) without authority of law, willfully disturbs or breaks up any assembly or meeting not unlawful in its character- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

(a) A person is guilty of reckless endangerment in the first degree when, under the circumstances evidencing a depraved indifference to human life, he recklessly engages in conduct in a public place which creates a grave risk of death to another person. Reckless endangerment in the first degree shall be considered as a felony. (b) A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct in a public place which creates a substantial risk of serious physical injury to another person. Reckless endangerment in the second degree shall be considered as a misdemeanor. (c) The terms as used in this section shall have the following meaning unless the context clearly indicates otherwise: (1) "reckless endangerment" means when a person consciously and knowingly engages in conduct or behavior that may pose intentional harm or physical injuries to another human being or property. (2) "public place" means a place to which the general public has a right to resort; but a place which is in point of fact public rather than private, and visited by many persons and usually accessible to the public. History: Added Oct. 13, 1994, No. 6026, § 1, Sess. L. 1994, p. 217.

Whoever escapes from the custody of the Police Commissioner or his authorized representative, or from any jail in which he is confined, or from any custody under or by virtue of any process issued under the laws of the Virgin Islands by any court, judge, or commissioner, or from the custody of any officer or employee of the Virgin Islands pursuant to lawful arrest, shall- (1) if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined not more than $2,000 or imprisoned not more than 10 years, or both; or (2) if the custody or confinement is for extradition or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction therefor, be fined not more than $500 or imprisoned not more than 1 year, or both. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Whoever rescues or attempts to rescue or instigates, aids or assists the escape of a person arrested upon a warrant or other process issued under any law of the Virgin Islands, or committed to the custody of the Police Commissioner or to any jail, shall- (1) if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined not more than $2,000 or imprisoned not more than 10 years, or both; or (2) if the custody or confinement is for extradition or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction therefor, be fined not more than $500 or imprisoned not more than 1 year, or both. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Whoever, having in his custody any prisoner by virtue of process issued under the laws of the Virgin Islands by any court, judge, or commissioner, shall- (1) if he voluntarily suffers such prisoner to escape, be fined not more than $2,000 or imprisoned not more than 10 years, or both; or (2) if he negligently suffers such person to escape, be fined not more than $500 or imprisoned not more than 1 year, or both.

A person is guilty of a misdemeanor for promoting prison contraband when: (1) He knowingly introduces any contraband into a prison or detention facility; or (2) Being a person confined in a prison or detention facility, he knowingly makes, obtains or possesses any contraband. (3) For the purpose of this section, contraband means any article or thing which a person confined in a prison or detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order. (4) For the purpose of this section, alcoholic beverages shall constitute contraband. History: Added Feb. 13, 1970, No. 2626, Sess. L. 1970, p. 15.

(a) A person is guilty of a felony for promoting dangerous prison contraband when: (1) He knowingly introduces any dangerous contraband into a prison or detention facility; or (2) Being a person confined in a prison or detention facility, he knowingly makes, obtains or possesses any dangerous contraband. (3) For the purpose of this section, dangerous contraband means contraband which is capable of such use as may endanger the safety or security of a prison or detention facility or any person therein, and shall include any item to assist escape. (b) It shall be unlawful for any person to introduce, possess or deliver a mobile telephone, commercial communication devices or electronic devices which are capable of connecting to the internet, into a prison or detention facility. This shall not include mobile telephones and laptop computers that are the property of employees, contractors or employees of contractors, or volunteers, and are exclusively for the personal use of that employee, contractor or employee of a contractor, or volunteer. Anyone who violates this subsection is guilty of a felony and shall be imprisoned not more than five years. History: Added Feb. 13, 1970, No. 2626, Sess. L. 1970, p. 15; amended Sept. 11, 2012, No. 7391, § 1, Sess. L. 2012, p. 231.

Any person who knowingly introduces any narcotic drug into a prison or detention facility shall be imprisoned not more than 10 years. For the purpose of this section narcotic drug means coca leaves, opium, cannabis, and every other substance neither chemically nor physically distinguishable from them; and other drugs to which the Federal narcotic laws may apply; and any drug found by the Attorney General of the United States or by the Commissioner of Health, after reasonable notice and opportunity for hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, from the effective date of determination of such finding by said Attorney General or Commissioner of Health. History: Added Feb. 13, 1970, No. 2626, Sess. L. 1970, p. 15.

(a) Any person who, when, being an employee working at a prison or detention facility, a contractor or employee of a contractor at a prison or detention facility, or a volunteer at a prison or detention facility, engages in consensual sexual relations with a person who is in the custody of a detention facility, is guilty of the crime of sexual relations with a detainee and shall be imprisoned not more than 10 years. This does not include any act done for a bona fide medical purpose or an internal search conducted in the lawful performance of an employee's duties. (b) For the purpose of subsection (a), "sexual intercourse" means: (1) Any act of physical union of the genitalia or anus of one person with the mouth, anus or genitalia of another person. It occurs upon any penetration, however slight. Ejaculation is not required; or (2) Any act of cunnilingus or fellatio regardless of whether penetration occurs, Ejaculation is not required. (A) "Cunnilingus" means any oral contact with the female genitalia. (B) "Fellatio" means any oral contact with the male genitalia. (c) For the purpose of subsection (a), "sexual penetration" means: (1) The unlawful placement of an object, which includes any item, device, instrument, substance or part of the body, inside the anus or vagina of another person; or (2) The unlawful placement of the genitalia or any sexual device inside the mouth of another person. History: Added Sept. 11, 2012, No. 7392, § 1, Sess. L. 2012, p. 232-233.

Extortion is the obtaining of property from another person, with his consent, induced by a wrongful use of force or fear, or under color of official right and shall be punished by imprisonment for not more than 5 years.

Whoever, by extortionate means, obtains from another his signature to any paper or instrument, which signature if freely given, would have transferred any property, or created debt, demand, charge, or right of action, shall be punished in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained.

Whoever, being a public officer, or person pretending to be a public officer, and under the pretense or color of any process or other legal authority- (1) arrests any person or detains him against his will; (2) seizes or levies upon any property; (3) dispossesses any one of any lands or property; or (4) does any other act, whereby another person is injured in his person, property or rights- without a regular process or other lawful authority therefor, commits oppression and shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply any threat, shall be imprisoned not more than 5 years.

Whoever knowingly, willfully and maliciously sends or delivers to another any letter or writing, whether subscribed or not, threatening to accuse him or another of a crime, or to expose or publish any of his failings or infirmities, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, with intent to harass or alarm another person- (1) communicates with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to harass or alarm; or (2) makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication, is guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 1 year, or both. History: Added Mar. 18, 1968, No. 2114, Sess. L. 1968, Pt. I, p. 36, 37.

(a) Whoever, by reason of the actual or perceived race, religion, color, place of birth, sex or ethnicity or handicap of another individual or group of individuals violates sections 252, 253, 254, 295, 296, 297, 298, 621, 622, 623, 624, 705, 706, 922, 923, 924, 1265, 1265a, 1267, 1341, 1700, 1701, 1702, 1703, 1708 and 1709 of this title shall be guilty of a felony. (b) Notwithstanding any other provision of law, the parent(s) or legal guardian(s) of any unemancipated minor shall be liable for any judgment rendered against such minor in any civil action irrespective of any criminal prosecution or the result thereof under this section. History: Added Sept. 17, 1990, No. 5613, § 1(b), Sess. L. 1990, p. 304.

Whoever directly or indirectly represents himself as a law enforcement officer, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever impersonates another and in such assumed character does any act- (1) which, if it were done by the individual impersonated, might result in his liability- (A) to any suit or prosecution; (B) to pay any sum of money; or (C) to incur any charge, forfeiture or penalty; or (2) whereby any benefit might accrue to the party impersonating, or to any other person; or Whoever impersonates another and receives any money or property, knowing that it is intended to be delivered to the individual impersonated, with intent to convert the same to his own use, or to that of another person, or to deprive the owner thereof- shall be fined not more than $1,000 or imprisoned not more than 2 years, or both.

(a) It is unlawful for any person to: (1) Make a driver's license or identification card if the person has no legal authority or right to make the license or identification card; (2) Obtain or possess a driver's license or identification card that has been made by a person who has no legal authority or right to make the license or identification card; (3) Use a false or fictitious name, or knowingly make a false statement, or knowingly conceal a material fact, or otherwise fraudulently complete any portion of any application for a driver's license or identification card; or (4) Obtain or possess a driver's license or identification card upon which the date of birth or name has been altered for the purpose of displaying information other than the person's true name and age. (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor, and shall be fined not more than $500 or imprisoned not more than 6 months, or both. (c) Nothing in this section prohibits a person from possessing or displaying another person's driver's license or identification card for a lawful purpose. History: Added Dec. 31, 2014, No. 7704, § 1, Sess. L. 2014, p. 379, 380.

Whoever, with intent to defraud another- (1) falsely makes, alters, forges, or counterfeits any charter, articles or certificate of incorporation, letters patent, deed, lease, indenture, obligation, will, testament, codicil, annuity, bond, covenant, bankbill or note, post-note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney; or any certificate of any share, right or interest in the stock of any corporation or association; or any warrant for the payment of money from the treasury, warrant or request for the payment of money or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, acquittance, release or receipt for money or goods; or any acquittance, release or discharge for any debt, account, suit, action, demand, or other thing, real or personal; or any transfer or assurance of money, certificates of shares of stock, goods, chattels, or other property whatever; or any letter of attorney or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands or tenements, or other estate, real or personal; or any acceptance or indorsement of any bill of exchange, promissory note, draft, order or assignment, of any bonds, obligation, or promissory note for money or other property; or the seal or handwriting of another; (2) utters, publishes, passes, or attempts to pass, as true and genuine, any of the false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited; (3) alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence; or any record of any judgment of a court or the return of any officer to any process of any court; (4) makes, forges, or alters any entry in any books or records; or any instrument purporting to be any record or return specified in the subdivisions (1)-(3) of this section; (5) forges or counterfeits the Government seal, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation; or any other public seal authorized or recognized by law, or the seal of any State, government, or country; or any impression purporting to be an impression of any such seal; or (6) has in his possession any such counterfeit seal, or impression thereof, knowing it to be counterfeit, and willfully conceals the same- shall be fined not more than $2,000 or imprisoned not more than 10 years, or both.

Whoever- (1) has in his possession or receives from another person any forged promissory note or bankbill, or bills for payment of money or property, with the intention to pass the same or to permit, cause, or procure the same to be uttered or passed in order to defraud any person, knowing the same to be forged or counterfeited; or (2) has or keeps in his possession any blank or unfinished note or bank bill made in the form or similitude of any promissory note or bill for payment of money or property made to be issued by any incorporated bank or banking company with intention to fill and complete such blank and unfinished note or bill, or to permit or cause, or procure the same to be filled up and completed, in order to utter or pass the same, or to permit or cause, or procure the same to be uttered or passed, or to defraud any person- shall be fined not more than $2,000 or imprisoned not more than 10 years, or both.

Whoever, with intent to defraud another person, makes, utters, passes, or publishes, or attempts to utter, pass or publish, any fictitious bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, partnership, or individual when, in fact, there is no such bank, corporation, partnership, or individual in existence, knowing the bill, note, check, or instrument in writing to be fictitious, shall be fined not more than $2,000 or imprisoned not more than 10 years, or both.

Whoever, with intent to deceive, injure or defraud another person- (1) knowingly and willfully sends by telegraph, radio or cable a false or forged message, purporting to be from such telegraph, radio or cable office or from any other person; (2) willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph, radio or cable; or (3) furnishes or conspires to furnish, or causes to be furnished, to any agent, operator or employee, to be sent by telegraph, radio or cable, or to be delivered, any such message knowing the same to be false or forged- shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within the Virgin Islands, which instrument if genuine, might be filed, registered or recorded under the laws of the Virgin Islands or under the laws of the United States applicable to the Virgin Islands, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whenever, by any provisions of this Code, an intent to defraud is necessary to constitute a crime, it is sufficient if any intent appears to defraud any person, as such term is defined in section 41 of Title 1, or any body politic.

Whoever- (1) fraudulently removes his property or effects beyond the jurisdiction of the courts or fraudulently sells, conveys, assigns, or conceals his property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands; or (2) having an action pending against him or a judgment for the recovery of any personal property rendered against him, fraudulently conceals, sells, or disposes of such property with intent to hinder, delay or defraud the person bringing such action or recovering such judgment, or with such intent removes such property beyond the jurisdiction of the courts in which it may be at the time of the commencement of such action or the rendering of such judgment- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever- (1) is a party to any fraudulent conveyance of any property, real or personal, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made or contrived, with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or (2) being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies or defends the same, or any of them, as true, done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the property, real or personal, or other things before mentioned, conveyed to him as aforesaid, or any part thereof- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever knowingly and designedly, by false or fraudulent representation or pretenses, defrauds any other person of money or property, shall- (1) if such property or money was less than $100 in value, be fined not more than $200 or imprisoned not more than 1 year, or both; or (2) if such property or money was $100 or more in value, be imprisoned not more than 10 years.

(a) Whoever makes, draws, utters, or delivers any check, draft or order for the payment of money- (1) to the value of $100 or more upon any bank or other depository knowing at the time of such making, drawing, uttering or delivering that the maker or drawer has not sufficient funds in, or credit with, such bank or other depositary for the payment of such check, draft or order, in full, upon its presentation, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both; (2) to the value of less than $100, upon any bank or other depository knowing at the time of such making, drawing, uttering or delivering that the maker or drawer has not sufficient funds in, or credit with, such bank or other depository for the payment of such check, draft or order, in full, upon its presentation, shall be fined not more than $200 or imprisoned not more than 1 year, or both. (b) The making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of the maker's or drawer's knowledge of insufficient funds in, or credit with, such bank or other depository, if such maker or drawer has not paid the drawee thereof the amount due thereon, together with all costs and protest fees, within 10 days after receiving notice that such check, draft or order has not been paid by the drawee. (c) "Credit", as used in this section, means an arrangement or understanding with the bank or depository for the payment of such check, draft or order.

Whoever fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit, with intent to intercept the inheritance, shall be imprisoned not more than 10 years.

Whoever, after once selling, bartering, or disposing of any property, real or personal, or any interest therein, or after executing any bond or agreement for the sale of such property, again willfully and with intent to defraud previous or subsequent purchasers- (1) sells, barters, or disposes of the same property, or any part thereof, or interest therein; or (2) executes any bond or agreement to sell, barter, or dispose of the same property, or any part thereof, or interest therein- to any other person for a valuable consideration, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, being married, falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate to the validity of which sale or mortgage the assent or concurrence of his wife or her husband is necessary, and under such representation, willfully conveys or mortgages the same, shall be imprisoned not more than 10 years.

(a) Any person who shall put up at any hotel, motel, inn, restaurant or cafe as a guest and shall procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel, motel, inn, restaurant or cafe for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, shall be fined not more than $200 or imprisoned not more than 6 months, or both. No conviction shall be made under the provisions of this section unless complaint is made within 60 days of the time of the violation hereof. (b) Obtaining such food, lodging or accommodations by false pretenses, or by false or fictitious show of baggage or other property, or refusal or neglect to pay therefor on demand, or payment thereof with check, draft or other upon a bank or other depository on which payment was refused, or absconding without paying or offering to pay therefor, or surreptitiously removing or attempting to remove baggage shall be prima facie evidence of such intent to defraud mentioned in subdivision (a). History: Added Sept. 29, 1970, No. 2819, Sess. L. 1970, p. 314.

Whoever, after pledging as security any real or personal property whatever, for a loan or other security, during the existence of said pledge, with the intent to defraud the pledgee, his representatives or assigns, transfers, sells, takes, drives or carries away or otherwise disposes of or permits the transferring, selling, taking or carrying away or other disposal of said property, or any part thereof, without the written consent of the pledgee, shall- (1) if the property pledged was less than $100 in value, be fined not more than $200 or imprisoned not more than 1 year, or both; or (2) if the property pledged was $100 or more in value, be imprisoned not more than 10 years.

Whoever willfully burns or in any other manner injures or destroys any property which is at the time insured against loss or damage by fire, or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property or in possession of such person, or of any other, shall be fined not more than $1,000 or imprisoned not more than 10 years, or both.

Whoever- (1) presents any false or fraudulent claim, or any proof in support of such claim, upon any contract of insurance for the payment of any loss; or (2) prepares, makes, or subscribes any account, certificate of survey, affidavit, or proof of loss, or other book, paper, or writing, with intent to present or use the same, or to allow it to be presented or used in support of any such claim- shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

(a) Whoever knowingly or willfully (1) makes or presents any false, fictitious or fraudulent claim upon or against the Government of the Virgin Islands or any officer, department, board, commission, or other agency thereof; or (2) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or (3) makes or uses any false bill, receipt, voucher, roll, account, claim, certificate, affidavit or deposition, knowing the same to contain any fraudulent or fictitious statement or entry; or (4) makes any materially false or fraudulent statement, or representations; or (5) submits or invites reliance on any forged, altered or fictitious writing, document, sample, specimen, map, boundary, mark or other object in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the Virgin Islands, or within the jurisdiction of any officer, department, board, commission, or other agency of the Government shall be fined not more than $2,500 or imprisoned not more than five years, or both. (b) For purposes of this section, "writings" includes filings submitted in an electronic format or any other format prescribed by the governmental body to which the writing is submitted. History: Added July 20, 2022, No. 8587, § 1, Sess. L. 2022, p. 168, 169.

Upon a trial for having, by any false pretense, obtained- (1) the signature of any person to any written instrument; or (2) from any person any valuable thing- no evidence shall be admitted of a false pretense expressed orally and unaccompanied by a false token or writing; unless such pretense, or some note or memorandum thereof, is in writing, and either subscribed by or in the handwriting of the defendant. This section does not apply to an action for falsely representing or personating another, and in such assumed character receiving any such valuable thing.

Whoever, being a seller, knowingly and willfully makes or delivers or causes to be made or delivered statements as provided for in sections 6- 104 and 6- 108 of Title 11A which do not include the names of all his creditors with the correct amount due and to become due to each of them, or which contain any false or untrue statement, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both. History: Added Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

Proceeds Or to Notify Creditors Whoever, being a purchaser, knowingly and willfully fails or neglects to demand from the seller the statement provided for in section 6- 104 of Title 11A; or knowingly or willfully fails or neglects to perform any of the acts required of him by sections 6- 105 and 6- 106 of Title 11A, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both. History: Added Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. History: Added Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. History: Added Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncancelled, without plainly placing upon the face thereof the word "Duplicate" except in the case of a lost or destroyed receipt after proceedings as provided for in section 7-402 of Title 11A, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. History: Amended Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

that Fact Where there are deposited with or held by a warehouseman goods of which he is owner, either solely or jointly or in common with others, such warehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. History: Added Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

A warehouseman, or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncancelled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections 7-402 and 7-403 of Title 11A, be fined not more than $1,000 or imprisoned not more than 1 year, or both. History: Added Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

Any person who deposits goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. History: Added Feb. 19, 1965, No. 1300, Sess. L. 1965, Pt. I, p. 20.

Whoever having charge of any steam boiler or steam engine, or other apparatus for generating or employing steam, willfully or from neglect, creates or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby- (1) the death of a human being is produced; or (2) human life is endangered- shall be fined not more than $2,000 or imprisoned not more than 5 years, or both.

Whoever willfully abandons a steam boiler while said boiler is under pressure of steam shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.

Whoever disobeys the lawful orders of any police officer or fireman, or offers any resistance to or interferes with the lawful efforts of any fireman or company of firemen to extinguish a fire, or engages in any disorderly conduct calculated to prevent the fire from being extinguished, or who forbids, prevents, or dissuades others from assisting to extinguish the same, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever maliciously by the explosion of gunpowder or other explosive substance, destroys, throws down, or injures the whole or any part of any building, by means of which the life or safety of a human being is endangered, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever, being charged with the performance of any duty under the laws relating to the preservation of the public health, willfully neglects or refuses to perform the same, shall, except in cases where a specific punishment is prescribed, be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever willfully exposes himself or another afflicted with any contagious or infectious disease in any public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, being a physician and in a state of intoxication, does any act as a physician to another person by which the life of such person is endangered, shall be fined not more than $500 or imprisoned not more than one year, or both.

(a) Any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity or by sharing hypodermic needles/syringes when the infected person knows at the time of the unprotected sex/sharing of needles that he is infected with HIV, has not disclosed his HIV- positive status, and acts with the specific intent to infect the other person with HIV, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (b) Any person who exposes another to the human immunodeficiency virus by donating, selling, or attempting to donate or sell blood, semen, tissues, organs, or other bodily fluids for the use of another, except as determined necessary for medical research or testing, and when the infected person knows at the time that he is infected with HIV, has not disclosed his HIV-positive status, and acts with the specific intent to infect another person with HIV, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (c) Evidence that the person had knowledge of his HIV-positive status, without additional evidence, shall not be sufficient to prove specific intent. (d) Transmission of the Human Immunodeficiency Virus does not have to occur for a person to be convicted of a violation of this section. (e) As used in this section, the following definitions shall apply: (1) "Sexual activity" means insertive vaginal or anal intercourse on the part of an infected male, receptive consensual vaginal intercourse on the part of an infected woman with a male partner, or receptive consensual anal intercourse on the part of an infected man or woman with a male partner. (2) "Unprotected sexual activity" means sexual activity without the use of a condom. History: Added Mar. 5, 2005, No. 6730, § 7, Sess. L. 2005, p. 69.

(a) Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells conveys or disposes of any record, voucher, warrant, money, or thing of value of the Virgin Islands or any department or agency thereof, or any property made or being made under contract with the Virgin Islands or the United States or any department or agency thereof; (b) Whoever receives, conceals or retains the same as described in subsection (a) with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted, shall be fined in an amount up to $10,000 under this section, in addition to full restitution, or imprisoned not more than five (5) years, or both; but if the value of the property converted does not exceed the sum of $1,000, the person shall be fined up to $1,000, in addition to restitution ordered under this section or imprisonment for not more than one year, or both. (c) As used in this section and unless the context requires otherwise: (1) "conversion" means an unauthorized assumption and exercise of the right of ownership or possession with the intent to own goods, chattels or money or any thing of value belonging to the Government of the Virgin Islands or of the United States or any department or agency thereof; (2) "value" means face, par or market value, or cost of price, either wholesale or retail, whichever is greater. (3) the term, "property", means any record, voucher, warrant, money or thing of value. History: Added Dec. 23, 2003, No. 6634, § 1, Sess. L. 2003, p. 120.

Murder is the unlawful killing of a human being with malice aforethought.

(a) All murder which- (1) is perpetrated by means of poison, lying in wait, torture, detonation of a bomb or by any other kind of willful, deliberate and premeditated killing; (2) is committed in the perpetration or attempt to perpetrate arson, burglary, kidnapping, rape, robbery or mayhem, assault in the first degree, assault in the second degree, assault in the third degree and larceny; or (3) is committed against (A) an official, law enforcement officer, or other officer or employee of the Government of the Virgin Islands while working with law enforcement officials in furtherance of a criminal investigation (i) while the victim is engaged in the performance of official duties; (ii) because of the performance of the victim's official duties; or (iii) because of the victim's status as a public servant; or (B) any person assisting a criminal investigation, while that assistance is being rendered and because it is first degree murder; is murder in the first degree. (b) All other kinds of murder are murder in the second degree. History: Amended Dec. 29, 2001, No. 6493, § 1(a), Sess. L. 2001, p. 394; Feb. 21, 2002, No. 6500, § 4, Sess. L. 2002, p. 210; Mar. 5, 2005, No. 6730, § 4, Sess. L. 2005, p. 68.

(a) Whoever commits murder in the first degree shall be imprisoned for the remainder of his natural life without parole. (b) Whoever commits murder in the second degree shall be imprisoned for not less than five (5) years, provided, that if such second degree murder was perpetrated upon a law enforcement officer while such officer was engaged in the performance of his official duties, the perpetrator shall be imprisoned for not less than ten (10) years. History: Amended Dec. 27, 1973, No. 3507, § 1, Sess. L. 1973, p. 299; May 1, 1974, No. 3560, § 1, Sess. L. 1974, p. 87.

Manslaughter is the unlawful killing of a human being without malice aforethought. It is of two kinds- (1) voluntary; upon a sudden quarrel or heat of passion; or (2) involuntary; in the commission of an unlawful act, not amounting to a felony; or in the culpable omission of some legal duty; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.

(a) Whoever commits voluntary manslaughter shall be imprisoned for not more than ten (10) years, provided, that if such voluntary manslaughter is perpetrated upon a law enforcement officer while such officer is engaged in the performance of his official duties, the perpetrator shall be imprisoned for not less than five (5) years nor more than fifteen (15) years. (b) Whoever commits involuntary manslaughter shall be imprisoned not more than 5 years. History: Amended Dec. 27, 1973, No. 3507, § 2, Sess. L. 1973, p. 299.

Homicide is excusable- (1) when committed by accident and misfortune, or in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; or (2) when committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.

Homicide is justifiable when committed by- (1) public officers and those acting by their command in their aid and assistance, (A) in obedience to any judgment of a competent court; (B) when necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or (C) when necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest; (2) any person- (A) when resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; (B) when committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; (C) when committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony, or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person on whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or (D) when necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed or in lawfully suppressing any riot, or in lawfully keeping or preserving the peace.

Whenever a homicide appears to be justifiable or excusable, the person charged must, upon his trial, be acquitted and discharged.

For purposes of this chapter, the term "law enforcement officer" shall mean a police officer, probation officer, parole officer, correction officer, warden, prison guard and marshal. History: Added Dec. 27, 1973, No. 3507, § 3, Sess. L. 1973, p. 300.

Persons being within the degrees of consanguinity within which marriages are declared by law to be void, who knowingly intermarry with each other, or who commit fornication or adultery with each other shall each be imprisoned for not more than 10 years.

Whoever treats harshly, cruelly, or unkindly, or neglects any duty towards, any idiot, imbecile, lunatic or insane person, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

As used in this chapter: (a) "Obscene" means that to the average person, applying contemporary standards, the predominant appeal of the matter, taken as a whole, is to prurient interest, i.e., a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters and is matter which is utterly without redeeming social importance. (b) "Matter" means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical production or any other articles, equipment, machines or materials. (c) "Person" means any individual, partnership, firm, association, corporation or other legal entity. (d) "Distribute" means to transfer possession of, whether with or without consideration. (e) "Knowingly" means having knowledge that the matter is obscene. History: Added Aug. 1, 1969, No. 2513, Sess. L. 1969, p. 224.

Whoever- (a) (1) exposes his person or the private parts thereof in any public place, or in any place where there are present other persons to be offended or annoyed thereby, or who exposes himself or takes part in any model artist exhibition, or makes any other exhibition of himself to public view or to the view of any number of persons, such as is offensive to decency, or is adapted to excite lewd or vicious thoughts or acts; or who shall appear upon any public street or thoroughfare within town limits of any town in the Virgin Islands in bathing costume or any similarly abbreviated attire such as to offend public decency; (2) procures, counsels, or assists any person so to expose himself, or to take part in any model artist exhibition, or to make any other exhibition of himself to public view or to the view of any number of persons, such as is offensive to decency, or is adapted to excite to lewd or vicious thoughts or acts; (3) writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper or books; or designs, copies, draws, engraves, paints, or otherwise prepares any obscene or indecent picture or print; or molds, cuts, casts, or likewise makes any obscene or indecent figure; (4) writes, composes, or publishes any notice or advertisement of any such writing, paper, book, picture, print, or figure; (5) sings any lewd or obscene song, ballad, or uses any lewd or obscene words over any radio station located in or operating within the Virgin Islands, or in any public place, or in any place where there are present other persons to be offended or annoyed thereby; (6) uses vile and obscene language in public streets or places or in private places so as to seriously disturb the peace; or (7) urinates or defecates in public places- shall be fined not more than $100 or imprisoned not more than 90 days, or both. (b) For purposes of this section, a woman's breast-feeding a child in any public or private location where the woman's presence is otherwise authorized does not under any circumstance constitute obscene or indecent conduct. History: Amended June 12, 1959, No. 475, § 3, Sess. L. 1959, p. 85; June 24, 1963, No. 1030, § 1, Sess. L. 1963, p. 393; Sept. 18, 2002, No. 6570, § 49, Sess. L. 2002, p. 546.

Whoever as owner, manager or operator of a place of public entertainment shall present a public performance or exhibition, open to the public, which violates any provisions of section 1021 of this title shall be fined not more than $100 or imprisoned not more than 30 days, or both. History: Added June 12, 1959, No. 475, § 4, Sess. L. 1959, p. 85.

(a) Every person who knowingly, sends or causes to be sent, or brings or causes to be brought, into the Virgin Islands for sale or distribution, or in the Virgin Islands prepares, publishes, prints, exhibits, distributes, or offers to distribute, or has in his possession with intent to distribute or to exhibit or offer to distribute, any obscene matter is guilty of a misdemeanor. (b) Every person who (i) sends or causes to be sent, or brings or causes to be brought into the Virgin Islands for sale or distribution, or (ii) in the Virgin Islands possesses, prepares, publishes or prints, with the intent to distribute or to exhibit to others for commercial consideration, or (iii) who offers to distribute, distributes or exhibits to others for commercial consideration, any obscene matter, knowing that such matter depicts a minor engaging in or simulating sexual intercourse, masturbation, anal-oral copulation, sodomy, bestiality, oral copulation, sexual sadism, sexual masochism, any lewd or lascivious sexual activity, or excretory functions performed in a lewd or lascivious manner is guilty of a felony and shall be fined not less than $25,000 and not more than $50,000 or imprisoned not more than three years, or both. (c) The provisions of this section with respect to the exhibition of, or the possession with intent to exhibit, any obscene matter shall not apply to a motion picture operator, projectionist or salesperson who is employed by a person licensed in accordance with Virgin Islands law and who is acting within the scope of his employment; Provided That such operator, projectionist or salesperson has no financial interest in the place wherein he is so employed. History: Added Aug. 1, 1969, No. 2513, Sess. L. 1969, p. 224; amended June 17, 1983, No. 4824, § 1, Sess. L. 1983, p. 78.

(a) Every person who, with knowledge that a person is a minor under 18 years of age, or who, while in possession of such facts that he should reasonably know that such person is a minor under 18 years of age, knowingly distributes to, or sends or causes to be sent to, or exhibits to, or offers to distribute any obscene matter to a minor under 18 years of age, is guilty of a misdemeanor. (b) Any parent, guardian or adult who in the company of a minor under his or her control permits, allows or otherwise causes said minor to enter any premises engaged in any activities prohibited by this section, shall be guilty of a misdemeanor. History: Added Aug. 1, 1969, No. 2513, Sess. L. 1969, p. 224; amended June 17, 1983, No. 4824, § 3, Sess. L. 1983, p. 79.

Any person who owns, operates or manages a drive-in theater at which is exhibited any motion picture, slide or other exhibit in which the human male or female bare buttocks, human female bare breasts, or human male or female bare pubic areas are shown in an erotic and/or sexually explicit manner or context, if such motion picture, slide or other exhibit is visible from any public street, other public place, private home or other private property outside the confines of said drive-in theater, shall be fined not more than $500 or imprisoned not more than one year, or both. Conviction for second or subsequent offenses shall be cause for revocation of the license or licenses to operate said drive-in theater. History: Added June 24, 1976, No. 3816, § 1, Sess. L. 1976, p. 55.

(a) Every person who (i) with knowledge that a person is a minor, or (ii) while in possession of such facts that he should reasonably know that such person is a minor, or (iii) any parent or guardian who has a minor under his or her control, knowingly permits, promotes, employs, uses, persuades, induces, or coerces such minor to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing a film, photograph, negative, slide, or live performance involving sexual conduct by a minor, alone or with other persons or animals, for commercial purposes, is guilty of a felony and shall be fined not less than $50,000 and be imprisoned for not less than three years and not more than six years. (b) As used in subsection (a) of this section, "sexual conduct" means any of the following, whether actual or simulated: sexual intercourse, oral copulation, sodomy, anal-oral copulation, masturbation, bestiality, sexual sadism, sexual masochism, any lewd or lascivious sexual activity, or excretory functions performed in a lewd or lascivious manner, whether or not any of the above conduct is performed alone or between members of the same or opposite sex or between humans and animals. An act is simulated when it gives the appearance of being actual sexual conduct. History: Added June 17, 1983, No. 4824, § 2, Sess. L. 1983, p. 78.

This subchapter may be cited as "Revenge Porn Act." History: Added Apr. 11, 2024, No. 8820, § 1, Sess. L. 2024, p. -.

As used in this subchapter chapter: (1) "electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager, or any other device that can produce an electronically generated image, message, or signal. (2) "Disseminate" means to post, email, text, distribute, transfer, transmit, circulate, share, forward, exhibit, sell, give, provide, procure, manufacture, or publish on an electronic communications device as defined in this subchapter. (3) "Image" means a photograph, film, videotape, digital recording, or other depiction or portrayal of an object, including a human body. (4) "Intimate parts" means the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, or anus, buttocks, or, if the person is female, a partially or fully exposed nipple, including exposure through transparent clothing. (5) "Sexual act" means sexual penetration, masturbation, sexual activity, actual or simulated sexual intercourse, and sexual bestiality. (6) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the genitals, buttocks, or female nipple. (7) "Sexual activity" means any: (A) touching or fondling of another person or animal, either directly or through clothing, of the sex organs, anus, or breasts for sexual gratification or arousal; (B) any transfer or transmission of semen upon any part of the clothed or unclothed body of another, for sexual gratification or arousal of the victim or another; (C) an act of urination within a sexual context; or (D) any bondage or fetter, sadism, masochism, or sadomasochism in any sexual context. (8) "Visual Depiction" means any photograph, developed or undeveloped film, video picture, negative or slide, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means. (9) "Sexual images" means images, photographs, videos, or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered private, intimate, or inappropriate for distribution or publication without that person's consent. History: Added Apr. 11, 2024, No. 8820, § 1, Sess. L. 2024, p. -.

(a) A person commits non-consensual dissemination of private sexual images when the person: (1) purposely, and with the intent to harass, intimidate, threaten, coerce, or cause harm to the emotional, financial, or physical welfare of the depicted person, disseminates an image of a person: (A) who is 18 years of age and older; (B) who is identifiable from the image itself or information displayed in connection with the image; and (C) who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; (2) obtains the image when a reasonable person would know or understand that the image was to remain private; and (3) knows or should have known that the person in the image has not consented to the dissemination of the images. Consent to the recording of the visual image does not by itself constitute consent for the disclosure or dissemination of the image. (b) The statute of limitation for filing a criminal complaint for a violation of this subchapter is two years from the date the victim becomes aware of the dissemination of the images. History: Added Apr. 11, 2024, No. 8820, § 1, Sess. L. 2024, p. -.

(a) The intentional dissemination of an image of another identifiable person who is engaged in a sexual act or whose intimate parts are exposed is exempt from the provision of this section when: (1) the dissemination is made for the purpose of a criminal investigation that is otherwise lawful; (2) the dissemination is made for the purpose of, or in connection with, the reporting of unlawful conduct; (3) the images involved are voluntarily exposed in public or commercial settings; or (4) the dissemination serves a lawful public purpose or is done in compliance with a subpoena or court order. (b) This subchapter does not impose liability upon the following entities solely because of content or information provided by another person: (1) an interactive computer service, as defined in 4747 U.S.C.730(f)(2); (2) a wireless service provider; or (3) a telecommunications network or broadband provider. History: Added Apr. 11, 2024, No. 8820, § 1, Sess. L. 2024, p. -.

(a) A person who is convicted for the first time for a violation of this subchapter is guilty of a misdemeanor and is subject to a term of imprisonment of not more than one year, or a fine of not more than $5,000, or both. (b) A person who is convicted a second or any additional time for a violation of this subchapter, with the same or a different person, is guilty of a felony and is subject to a term of imprisonment of not more than five years, or a fine of not more than $10,000, or both. (c) A person who has been convicted two or more times for a violation of this subchapter is required to register as a sexual offender pursuant title 14 Virgin Islands Code, chapter 86, section 1721, et seq. History: Added Apr. 11, 2024, No. 8820, § 1, Sess. L. 2024, p. -.

A person whose private sexual images have been disseminated in violation of this subchapter may bring a civil action against the person who disseminated the private sexual images and is entitled to injunctive relief, the greater of $10,000 or actual damages incurred because of the dissemination of the private sexual images, exemplary damages, court fees and reasonable attorney's fees and costs. The statute of limitation for filing a civil complaint for a violation of this subchapter is two years from the date the victim becomes aware of the dissemination of the images. History: Added Apr. 11, 2024, No. 8820, § 1, Sess. L. 2024, p. -.

(a) After an opportunity to be heard by the court, a person who has been found guilty of committing the offense of non-consensual dissemination of private sexual material forfeits to the Government of the Virgin Islands: (1) Any profits or proceeds and any property the person has acquired or maintained that were obtained as a result of the non-consensual dissemination of the private sexual images; (2) Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, or controlled that was acquired or maintained because of the non-consensual dissemination of the private sexual images; or (3) Any property to include computer, cellular phone, cameras, used in committing or facilitating the commission of the offense for which the person has been convicted. (b) Funds received as a result of a forfeiture proceeding must be remitted to the Criminal Victims Compensation Fund. History: Added Apr. 11, 2024, No. 8820, § 1, Sess. L. 2024, p. -.

Whoever without lawful authority confines or imprisons another person within this Territory against his will, or confines or inveigles or kidnaps another person, with intent to cause him to be confined or imprisoned in this Territory against his will, or to cause him to be sent out of this Territory against his will; and whoever willfully and knowingly sells, or in any manner transfers, for any term, the services or labor of any other person who has been unlawfully seized, taken, inveigled or kidnapped from this Territory to any other state, territory or country, is guilty of kidnapping and shall be imprisoned for not less than one and not more than 20 years. This action shall not apply in any case when a parent abducts his own child. History: Amended May 1, 1974, No. 3560, § 3, Sess. L. 1974, p. 88.

(a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away any individual by any means whatsoever with intent to hold or detain, or who holds or detains, such individual for ransom, reward or to commit extortion or to exact from any person or entity any money or valuable thing, or any person who kidnaps or carries away any individual to commit robbery, or any person who aids or abets any such act, is guilty of kidnapping for ransom and shall be imprisoned for life. (b) Whoever abducts, takes or carries away any person by force or threat with the intent to commit rape is guilty of kidnapping and shall be imprisoned for not less than 15 years and shall not be eligible for parole until he has served at least one-half of sentence imposed. History: Added May 1, 1974, No. 3560, § 3, Sess. L. 1974, p. 88; amended June 30, 1983, No. 4838, Sess. L. 1983, p. 100.

(a) Larceny is the unlawful taking, stealing, carrying, leading, or driving away the personal property of another. (b) Larceny is divided into two degrees, grand larceny and petit larceny.

Whoever finds lost property, and appropriates such property to his own use, or to the use of another person not entitled thereto, is guilty of larceny.

(a) Whoever takes property- (1) which is of $500 or more in value; or (2) from the person of another- commits grand larceny and shall be imprisoned for not more than 10 years. (b) Whoever is convicted of grand larceny shall be required to pay mandatory restitution. History: Amended Mar. 23, 2016, No. 7841, § 1(a), (b), Sess. L. 2016, p. 8.

(a) Whoever commits larceny under any other circumstances is guilty of petit larceny and shall be fined not more than $200 or imprisoned not more than 1 year, or both. (b) Whoever is convicted of petit larceny shall be required to pay mandatory restitution. History: Amended Mar. 23, 2016, No. 7841, § 2, Sess. L. 2016, p. 8.

The provisions of this chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at a previous time.

If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen.

Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.

Any evidence of debt, negotiable by delivery only, and actually executed, is the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not.

Whoever, being an officer of the Virgin Islands or a subdivision thereof, or a deputy, clerk, or servant of such officer, or an officer, director, trustee, clerk, servant, attorney, or agent of any association, society, or corporation (public or private), fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.

Whoever, being a carrier or other person having under his control personal property for the purpose of transportation for hire, fraudulently appropriates it to any use or purpose, inconsistent with the safekeeping of such property and its transportation according to his trust is guilty of embezzlement, whether he has broken the package in which such property is contained or has otherwise separated the items thereof, or not.

Whoever, being a trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other person, fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.

Whoever, being intrusted with any property as bailee, tenant, or lodger, or with any power of attorney for the sale or transfer thereof, fraudulently converts the same or the proceeds thereof to his own use, or secretes it or them with a fraudulent intent to convert to his own use, is guilty of embezzlement.

Whoever, being a clerk, agent, or servant of any person, fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment as such clerk, agent or servant, is guilty of embezzlement.

(a) Whoever is guilty of embezzlement shall- (1) if the property or money embezzled was less than $100 in value, be fined not more than $200 or imprisoned not more than 1 year, or both; or (2) if the property or money embezzled was $100 or more in value, be imprisoned not more than 10 years. (b) Where the property embezzled is an evidence of debt or right of action the sum due upon it or secured to be paid shall be taken as its value.

Whoever- (1) willfully opens or reads, or causes to be read, any sealed letter not addressed to himself, without being authorized to do so, either by the writer of such letter or by the person to whom it is addressed; or (2) without the like authority, publishes any of the contents of such letter, knowing the same to have been unlawfully opened- shall be fined not more than $50 or imprisoned not more than 30 days, or both.

(a) Whoever, being an agent, operator or employee of any telegraph, cable, telephone or radio office, willfully- (1) refuses or neglects to send any message received at such office for transmission; or (2) postpones the same out of its order; or (3) refuses or neglects to deliver any message received by telegraph, cable or telephone- shall be fined not more than $500 or imprisoned not more than 1 year, or both. (b) Subsection (a) of this section shall not be construed to require any message to be received, transmitted or delivered unless the charges thereon have been paid or tendered, nor to require the sending, receiving or delivery of any message, counseling, aiding, abetting, or encouraging treason, or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime.

Whoever, being an agent, operator, or employee of any radio, telephone, telegraph or cable office- (1) uses or appropriates in any way, any information derived by him from any private message passing through his hands, and addressed to any other person, or in any other manner acquired by him by reason of his trust as such agent, operator or employee; (2) trades or speculates upon such information so obtained; or (3) in any manner turns, or attempts to turn the same to his own account, profit or advantage- shall be fined not more than $500 or imprisoned not more than 1 year, or both.

Obtained Whoever- (1) by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads or attempts to read any message, or to learn the contents thereof, while the same is being sent by radio or over any telegraph line; (2) willfully and fraudulently or clandestinely, learns or attempts to learn the contents or meaning of any message, while the same is in any telegraph, radio or cable office, or being received thereat or sent therefrom; or (3) uses or attempts to use or communicate to others, any information so obtained- shall be fined not more than $500 or imprisoned not more than 1 year, or both.

Employment Whoever- (1) by the payment or promise of any bribe, inducement or reward, procures or attempts to procure any telegraph, radio or cable agent, operator or employee to disclose any private message, or the contents, purport, substance, or meaning thereof; (2) offers to any such agent, operator or employee any bribe, compensation or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator or employee; or (3) uses or attempts to use any such information so obtained- shall be fined not more than $500 or imprisoned not more than 1 year, or both.

Whoever willfully discloses the contents of any telegraphic, radio or cable message, or any part thereof, addressed to another person, without the permission of such person, unless directed so to do by lawful order of a court, shall be fined not more than $500 or imprisoned not more than 1 year, or both.

Whoever willfully alters the purport, effect, or meaning of a telegraphic, radio or cable message to the injury of another, shall be fined not more than $2,000 or imprisoned not more than 5 years, or both.

Whoever, not being connected with any telegraph, radio, or cable office- (1) willfully opens any sealed envelope inclosing any telegraphic, radio or cable message, without authority or consent of the person to whom the same may be directed and with the purpose of learning the contents of such message; or (2) fraudulently personates any other person and thereby procures any telegraphic, radio or cable message addressed to such other person, with the intent to use, destroy or detain the same from the person entitled to receive such message- shall be fined not more than $500 or imprisoned not more than 1 year, or both.

A malicious publication, by writing, printing, picture, effigy, sign or otherwise than by mere speech, which exposes any living person, or the memory of any deceased person to hatred, contempt, ridicule or obloquy, or which causes or tends to cause any person to be shunned or avoided, or which has a tendency to injure any person in his or their business or occupation, is a libel.

Whoever willfully publishes or procures to be published any libel, or distributes or causes to be distributed any libelous matter in the form of leaflets, cards, or any other manner whatsoever, either printed or written, posting or causing them to be posted in any place, shall be fined not more than $500 or imprisoned not more than 1 year, or both.

An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

In all criminal prosecutions for libel, the truth may be given in evidence, and if it appears to the court that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted.

To sustain a charge of publishing a libel, it is not necessary that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel, under circumstances which exposed it to be read or seen by any other person than himself.

(a) Every editor or proprietor of a book, newspaper or serial publication and every manager of a partnership or incorporated association by which a book, newspaper or serial publication is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial publication. But in every prosecution for libel the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him as soon as known. (b) The author of a libel in all cases is equally guilty and shall be punished in the same manner as the publisher, owner, or proprietor of the newspaper or other printed publication in which the libelous article appears.

(a) A prosecution for libel cannot be maintained against any person for the publication of a fair and true report of any judicial, legislative or other public and official proceedings or for any heading of the report which is a fair and true headnote of the statement published. (b) Subsection (a) of this section does not apply to any libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of the public and official proceedings which was not a part thereof.

A communication made to a person interested in the communication, by one who was also interested or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious, and is a privileged communication.

Whoever- (1) threatens another with the publication of a libel concerning him, or any parent, husband, wife, child or other member of his family; or (2) offers to prevent the publication of a libel upon another person upon condition of the payment of, or with intent to extort, money or other valuable consideration from any person- shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Slander is a- (1) false and malicious utterance made by word of mouth in a public manner against a person, whereby such person is charged with the commission of a deed punishable by law; or (2) a tale, or report maliciously made tending to injure the honor, reputation or worthiness of any person or any religious denomination or organization.

Any slanderous statement made whether in the presence of the injured person or in his absence, is presumed to be malicious and shall constitute the crime of slander.

Whoever commits slander shall be fined not more than $500 or imprisoned not more than 180 days, or both.

No oral, impartial and accurate account or exposition of judicial, legislative or of any other official act, nor of the statements made while in the discussion, argumentation and debating of said acts shall be considered slander.

(a) To loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to remain, abide, or tarry in a public place and, in doing so, engage in any one of the activities set forth in subsections (b) and (c). (b) A person commits the crime of loitering when the person: (1) lingers, remains or prowls in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia pursuant to 14 V.I.C. § 1224; (2) lingers, remains or prowls in or about school grounds or college or university buildings or grounds, remains in or enters a school bus as defined in 20 V.I.C. § 377(a), not having any reason or relationship involving custody or responsibility for a student or any other legitimate reason for being there and not having written permission from anyone authorized to grant permission pursuant to 14 V.I.C. § 1749; (3) lingers or remains in a public place for engaging or soliciting another to engage in prostitution pursuant to 14 V.I.C. § 1622; (4) lingers or remains in a public place for the purpose of unlawfully using or possessing a controlled substance pursuant to 19 V.I.C. § 604, et seq.; (5) lingers or remains in a public place for the purpose of unlawfully buying, distributing or consuming an alcoholic beverage pursuant to 14 V.I.C. § 485; (6) lingers or remains in or about any public building or facility, including a local or federal government building, place of business or worship, transport facility, hotel or guest house without apparent, legitimate purpose or business therein and in so doing obstructs or interferes with the legitimate business of another person or intentionally annoys or harasses such other person; or (7) lingers or remains in a public place for the purpose of committing a crime. (c) Among the factors to be considered in determining if a person is loitering are if that person: (1) takes flight upon the appearance of a law enforcement officer; (2) loiters or prowls in a manner not usual for a law-abiding citizen; or (3) manifestly endeavors to disguise or conceal himself or any object. (d) Unless the suspect has fled or another circumstance makes it impracticable, prior to an arrest for loitering, a law enforcement officer shall give the suspect the opportunity to identify himself and explain his presence and conduct. (e) It is a defense to prosecution for loitering, as defined by subsection (a), if: (1) The law enforcement officer fails to give the defendant an opportunity to identify himself and explain his presence and conduct; or (2) It appears at trial that the explanation offered to the law enforcement officer by the defendant is true and if believed at the time would have dispelled any concern or alarm. (f) Loitering is a misdemeanor subject to arrest and is punishable by a fine of not more than $5,000 or imprisonment of not more than one year or both. History: Added Oct. 6, 2019, No. 8199, § 1, Sess. L. 2019, p. 51, 52.

A lottery is any scheme for the disposal or distribution of money or property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share or interest in such money or property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, gift, enterprise or by whatever name the same may be known.

(a) Whoever contrives, prepares, sets up, proposes or draws any lottery, other than an official lottery of the Virgin Islands of the United States, shall be fined not more than $500 or imprisoned not more than 2 years, or both. (b) Notwithstanding the provisions of subsection (a) of this section, the Police Commissioner may permit raffles in good faith. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Whoever sells, gives or in any manner whatsoever furnishes or transfers to or for any other person- (1) any ticket, chance, share or interest; or (2) any paper, certificate or instrument purporting or understood to be or represent any ticket, chance, share or interest- in or depending upon the event of any lottery, other than an official lottery of the Virgin Islands of the United States, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever- (1) deals, plays, carries on, opens or conducts, either as owner or employee, either for hire or not, any game of chance played with dice, cards, slot machines, video gaming devices or machines, any electrically or mechanically operated device or machine or any other device, for money, checks, credit or other representative of value; or (2) plays or bets at or against any such game; or (3) is willfully present where any such game is being played- shall be fined not more than $200 or imprisoned not more than 180 days, or both. History: Amended Apr. 24, 1985, No. 5049, § 1, Sess. L. 1985, p. 7.

Whoever knowingly permits any game of chance, as described in section 1224 of this title, to be played, conducted or dealt in any house rented or owned, in whole or part, by him, shall be fined not more than $200 or imprisoned not more than 180 days, or both.

Any person who is required or authorized to arrest any person for a violation of the provisions of this chapter, is also authorized and required to seize any table, cards, dice or other apparatus or article suitable for gambling purposes, found in the possession or under the control of the person so arrested, and to deliver the same to the judicial officer before whom the person arrested is required to be taken.

(a) Property, whether real or personal, offered as a stake, or any money, property, or other things of value staked, paid, bet, wagered, laid, or deposited in connection with or as a part of any game of chance, lottery, gambling scheme or device, gift enterprise, or other trade scheme unlawful under the laws of the Virgin Islands is subject to forfeiture. Upon a conviction under this chapter, the court may order the forfeiture of any property, funds, or assets involved in the unlawful activity proportional to the gravity of the violation and the value of the property, funds, or assets associated with the offense. (b) In cases where multiple individuals or entities are involved in the unlawful activity, the court may determine each party's proportional share of forfeiture based on the party's degree of involvement, financial benefit derived from the activity, and other relevant factors. Proceeds from property forfeited under this section must be apportioned as provided in 32 V.I.C. § 246(1). History: Added Dec. 31, 2024, No. 8956, § 2, Sess. L. 2024, p. -.

(1) The Attorney General may bring an action in the Superior Court against persons or entities involved in unlawful gambling under the laws of the Virgin Islands for a civil fine of up to $10,000. Proceeds from property forfeited under this section must be apportioned as provided in 32 V.I.C. § 246(1). History: Added Dec. 31, 2024, No. 8956, § 2, Sess. L. 2024, p. -.

Whoever maliciously mutilates, tears, defaces, obliterates or destroys any written instrument, the property of another, the false making of which would be forgery, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever maliciously digs up, removes, displaces, breaks or otherwise injures, obstructs or destroys- (1) any public highway or bridge; (2) any private way laid out by authority of law; or (3) any bridge upon such highway or private way- shall be fined not more than $500 or imprisoned not more than 1 year, or both.

Equipment (a) As used in this section, "utility" includes any person, firm, corporation, or association, whether private, public, quasi-public, or cooperative which is engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, telephone service, telegraph service, radio service, or communication service, but does not include a cable television company or any person owning, controlling, operating, managing, or leasing a cable television system in the territory. (b) It is unlawful to: (1) Willfully alter, tamper with, injure, knowingly suffer to be injured any meter, meter seal, pipe, conduit, wire, line, cable, transformer, amplifier, or other apparatus or device belonging to a utility or a cable television company or community antenna line service in such a manner as to cause loss or damage; or to alter the index or break the seal of any such meter; or in any way to hinder or interfere with the proper action or just registration of any such meter or device; or knowingly to use, waste, or suffer the waste of cable television service or communication antenna line service, by any means, or electricity, gas or water passing through any such meter, wire, pipe, or fitting, or other appliance or appurtenance connected with or belonging to any such utility or cable television company or community antenna line service, after such meter, wire, pipe or fitting, or other appliance or appurtenance has been tampered with, injured, or altered. (2) Make or cause to be made any connection with any wire, cable, main, service pipe or other pipes, appliance, or appurtenance in such manner as to use without the consent of the utility or cable television company or community antenna line service, any service or any electricity, gas, or water, or to cause to be supplied any service or electricity, gas, or water from a utility or a cable television company or community antenna line service to any person, firm, or corporation or any lamp, burner, orifice, faucet, or other outlet whatsoever, without such service being reported for payment of such electricity, gas, or water passing through a meter or other device provided by the utility or cable television company and used for measuring and registering the quantity of electricity, gas, water, or service passing through the same. (3) Use or receive the direct benefit from the use of a utility, cable television company, or community antenna line service knowing, or under such circumstances, as would induce a reasonable person to believe that such direct benefits have resulted from any tampering with, altering of, or injury to any connection, wire, conductor, meter, pipe, conduit, line, cable, transformer, amplifier, or other apparatus or device owned, operated, or controlled by such utility or cable television company or community antenna line company, for the purpose of avoiding payment. (c) The presence on property in the actual possession of a person of any device or alteration which effects the diversion or use of the service of a utility, cable television company, or community antenna line service so as to avoid the registration of such use by or on a meter installed by the utility or so as to otherwise avoid the reporting of use of such service for payment shall be prima facie evidence of the violation of this section by such person; however, this presumption shall not apply unless each of the following conditions exist: (1) The presence of such a device or alteration can be attributed only to a deliberate act in furtherance of an intent to avoid payment for utility or cable television services. (2) The person charged has received the direct benefit of the reduction of the cost of such utility or cable television services. (3) The customer or recipient of the utility or cable television services has received the direct benefit of such utility or cable television services for at least one full billing cycle. (d) Nothing in this section shall be construed to apply to licensed electrical contractors while performing usual and ordinary service in accordance with recognized standards or the installation and operation of cogeneration facilities or utility interface renewable energy systems. (e) Any person who willfully violates this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $3000 or by imprisonment. However, if the person has been previously convicted under this section, he shall be fined not less than $1000 but not more than $10,000 and shall be imprisoned for not less than three months but not more than one year. (f) Any person who is found in a civil action to have violated the provisions hereof shall be liable to the utility or cable television company or community antenna line service involved in an amount equal to three (3) times the amount of services unlawfully obtained. History: Amended Mar. 30, 1984, No. 4914, Sess. L. 1984, p. 78; Dec. 28, 1984, No. 5034, § 2, Sess. L. 1984, p. 435; Dec. 23, 2003, No. 6634, § 53, Sess. L. 2003, p. 158.

Whoever- (1) without authority of the owner or managing agent and with intent to defraud, takes water from any canal, well, cistern, ditch, flume or reservoir used for the purpose of holding or conveying water for manufacturing, agriculture, irrigation, generation of power or domestic uses; (2) without like authority, raises, lowers or otherwise disturbs any gate or other apparatus used for the control or measurement of water; or (3) empties or places into any such canal, well, cistern, ditch, flume or reservoir, any rubbish, filth or obstruction to the free flow of the water- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever- (1) willfully and maliciously defaces, breaks, destroys or removes any- (A) tomb, monument or gravestone erected to any deceased person; (B) memento or memorial; or (C) ornamental plant, tree or shrub appertaining to the place of burial of a human being; or (2) marks, defaces, injures, destroys or removes any fence, post, rail or wall of any cemetery or graveyard- shall be fined not more than $1000 or imprisoned not more than 5 years, or both. History: Amended Apr.14, 1971, No. 2980, Sess. L. 1971, p. 94.

(a) Whoever willfully and without lawful authority defaces, damages, destroys or otherwise injures, in any way, any property, real or personal, of the Government of the Virgin Islands on the premises or grounds of a public school shall be fined not less than $5,000 nor more than $10,000, plus the actual costs of repairing the damages; and be imprisoned for a mandatory minimum term of five years. Notwithstanding any other provision of law with respect to any person sixteen years of age or over who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. The court may provide at the time of sentencing of any person convicted under this subsection that such person shall, if granted a work release assignment during his confinement, perform manual labor on the premises vandalized. (b) In cases where a person under 16 years of age is found to have violated this section, the sentencing court may, in addition to such other disposition as it may order, require the violator to perform manual labor on the premises vandalized, which labor may include grasscutting, painting, litter gathering, janitorial and other duties, for such period of time as the court deems appropriate. (c) The fines and costs charged and collected in accordance with subsection (a) of this section must be deposited into an imprest account of the school vandalized and must be used to defray the costs associated with the damages that occurred and for any other school-related damage. (d) The parents, guardians, or other persons having legal custody of a person younger than 18 years of age who is found to have violated this section shall be responsible for the fine imposed under subsection (a). History: Added Apr. 2, 1982, No. 4699, § 1, Sess. L. 1982, p. 63; amended Oct. 8, 1992, No. 5816, § 301(c), Sess. L. 1992, p. 148; Mar. 5, 2005, No. 6728, §§ 1(a), (b), Sess. L. 2005, p. 65.

The parents, guardians or other person having legal custody of a minor less than 18 years of age who shall injure any public or private school property shall be liable to (i) in the case of public school property, the Government of the Virgin Islands, or (ii) in the case of private school property, the person or entity legally responsible for the control or operation of such property, for damages for the amount of the injury in any court of competent jurisdiction, together with costs of suit. History: Added Apr. 2, 1982, No. 4699, § 4(a), Sess. L. 1982, p. 64.

Hydrants (a) Whoever willfully destroys or damages in any manner a public fire hydrant shall be guilty of a misdemeanor, shall be fined not less than $100 and not more than $500, or imprisoned not less than one month and not more than nine months or both, and shall pay to the Government of the Virgin Islands a sum equal to the total cost of repairing or replacing the destroyed or damaged public fire hydrants, such total cost to include a reasonable allowance for labor costs. (b) Whoever negligently destroys or damages in any manner a public fire hydrant shall pay to the Government of the Virgin Islands a sum equal to the total cost of repairing or replacing the destroyed or damaged public fire hydrants, such total cost to include a reasonable allowance for labor costs. History: Added May 25, 1983, No. 4814, § 1, Sess. L. 1983, p. 63.

Whoever maliciously injures or destroys any real or personal property not his own, in cases not otherwise specified in this Code, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

(a) Whoever willfully defaces, breaks, destroys, removes or otherwise damages: (1) any church, synagogue or other building, structure or place used primarily for religious worship or for other religious purposes; (2) any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead not otherwise provided for under section 1265 of this chapter; (3) any private school, educational facility or community center; (4) the grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in paragraphparagraphs (1), (2)of this subsection and sections 1265 and 1265a of this chapter; or (5) any personal property contained in any institution, facility, building structure or place described in paragraphs (1), (2), or (3) of this subsection and sections 1265 and 1265a of this chapter; shall be fined $1,000 and imprisoned one (1) year if the amount of damage does not exceed $500 and fined $5,000 and imprisoned for five (5) years if the amount of damage exceeds $500. (b) In determining the amount of damage to or loss of property under subsection (a) of this section, damage includes the cost of repair or replacement of the property that was damaged or lost. (c) Notwithstanding any other provision of law, the parent(s) or legal guardian(s) of any unemancipated minor shall be liable for any judgment rendered against such minor in any civil action irrespective of any criminal prosecution or the result thereof under this section. History: Added Sept. 17, 1990, No. 5613, § 1(a), Sess. L. 1990, p. 303.

Whoever takes any woman unlawfully, against her will, and by force, menace or duress, compels her- (1) to marry him; (2) to marry any other person; or (3) to be defiled- shall be imprisoned not more than 10 years.

Whoever, being authorized to solemnize marriages, willfully and knowingly solemnizes any marriage forbidden by law, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever- (1) being authorized to solemnize any marriage, willfully makes a false return of any marriage or pretended marriage to the court; (2) contracts such a marriage; (3) knowingly takes part in the celebration of such a marriage; or (4) makes a false record of any marriage return- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

(a) Whoever willfully and with intent to commit a felony or to injure, disfigure or disable, inflicts upon the person of another any injury which- (1) seriously disfigures his person by any mutilation thereof; (2) destroys or disables any member or organ of his body; or (3) seriously diminishes his physical vigor by the injury of any member or organ- shall be imprisoned not more than 15 years. (b) Deleted. History: Amended Oct. 13, 2014, No. 7657, § 1, Sess. L. 2014, p. 266.

To constitute mayhem, it is immaterial by what means or instrument, or in what manner, the injury was inflicted.

Whoever, with design to disable himself from performing a legal duty, existing or anticipated, inflicts upon himself an injury, whereby he is so disabled, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

When, upon a trial for mayhem, it appears that the person injured has, before the time of trial, so far recovered from the injury, that he is no longer disfigured by it in personal appearance, or disabled in any member or organ of his body, or affected in physical vigor, no conviction for mayhem can be had. The defendant may, however, be convicted of assault in any degree.

As used in this chapter "vehicle" means a device in, upon, or by which a person or property is or may be transported or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks, and also means any watercraft of any description, whether motorized or not. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 364; amended Dec. 24, 1975, No. 3775, § 2, Sess. L. 1975, p. 214.

A person not entitled to possession of a vehicle who, without the consent of the owner and with intent to deprive him, temporarily or otherwise, of the vehicle or its possession, takes, uses or drives the vehicle is guilty of a felony. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 364.

A person, not entitled to the possession of a vehicle who receives, possesses, conceals, sells or disposes of it, knowing it to be stolen or converted under circumstances constituting a crime, is guilty of a felony. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 364.

(a) A person who, with intent and without right to do so, damages a vehicle or damages or removes any of its parts or components is guilty of a misdemeanor. (b) A person who, without right to do so and with intent to commit a crime, tampers with a vehicle, or goes in or on it, or works or attempts to work any of its parts or components, or sets or attempts to set it in motion, is guilty of a misdemeanor. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 65.

A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer or to the U.S. Virgin Islands Police Department (V.I.P.D.) is guilty of a misdemeanor. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 365; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Registration Or Licenses On Vehicle Or Engine (a) A person who wilfully removes or falsifies an identification number of a vehicle or an engine for a vehicle is guilty of a misdemeanor. (b) A person who, wilfully and with intent to conceal or misrepresent the identity of a vehicle or engine, removes or falsifies an identification number of the vehicle or engine, is guilty of a felony. (c) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been removed or falsified, is guilty of a misdemeanor. (d) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that an identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, is guilty of a felony. (e) A person who removes a registration or license plate from a vehicle or affixes to a vehicle a registration or license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor. (f) As used in this section: (1) "Identification number" includes an identifying number, serial number, engine number or other distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of the U.S. Virgin Islands Police Department (V.I.P.D.) or in accordance with the laws of another state or country; (2) "Remove" includes deface, cover and destroy; (3) "Falsify" includes alter and forge. (g) An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the U.S. Virgin Islands Police Department (V.I.P.D.) without violating this section; an identification number so placed or restored is not falsified. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 365; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

In a prosecution of a crime specified in this act, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 366.

A person who, whether present or absent, aids, abets, induces, procures or causes the commission of an act which, if done directly by him, would be a felony or a misdemeanor under a provision of this chapter, is guilty of the same felony or misdemeanor. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 366.

Whoever, knowing that he has by the operation of a motor vehicle injured any person, fails to remain at the place where the injury occurred to render assistance to the injured person, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both. History: Added Dec. 23, 1970, No. 2880, Sess. L. 1970, p. 366.

The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto. History: Added Dec. 23, 1971, No. 2880, Sess. L. 1970, p. 366.

Whoever, with intent to bring any vessel into danger, willfully- (1) marks, alters or removes any light or signal; or (2) exhibits any light or signal- shall be imprisoned not more than 15 years.

Whoever, without permission of the harbormaster- (1) throws overboard from any vessel the ballast, or any part thereof, within any port, harbor or cove, into which vessels may enter for the purpose of receiving or discharging cargo; or (2) otherwise places in such port, harbor or cove any obstructions to navigation- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

(a) Whoever- (1) moors any vessel, boat, raft or scow to any buoy or beacon placed in the water within the jurisdiction of the Virgin Islands by authority of the Government of the Virgin Islands or the United States Lighthouse Service; (2) in any manner, hangs onto the same with any vessel, boat, raft or scow; (3) willfully removes, damages or destroys any such buoy or beacon or any part thereof; or (4) cuts down, removes, damages or destroys any beacon erected or located within the jurisdiction of the Virgin Islands- shall be fined not more than $200 or imprisoned not more than 1 year, or both. (b) The cost of repairing or replacing any beacon which may have been misplaced, damaged or destroyed by any act specified in subsection (a) of this section, shall be a lien upon the vessel, boat, raft or scow.

Anything which- (1) is injurious to health, indecent, offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by a considerable number of persons; or (2) unlawfully obstructs the customary free passage or use of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway- is a public nuisance.

Whoever- (1) maintains or commits any public nuisance for which no punishment is prescribed elsewhere in this title or other law; or (2) willfully omits to perform any legal duty relating to the removal of a public nuisance- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever corruptly attempts to influence a juror, or any person summoned or drawn as a juror, chosen as an arbitrator or appointed as a commissioner or referee, in respect to his verdict in, or decision of, any cause or proceeding, pending or about to be brought before him, by means of any- (1) oral or written communication with him, except in the regular course of proceedings; (2) book, paper or instrument exhibited, except in the regular course of proceedings; (3) threat, intimidation, persuasion or entreaty; or (4) promise or assurance of any pecuniary or other advantage- shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever, being a juror, or a person summoned as a juror, chosen as an arbitrator or appointed as a commissioner or referee- (1) makes any promise or agreement to give a verdict or decision for or against any party; or (2) willfully and corruptly permits any communication to be made to him or receives any book, paper, instrument or information relating to any cause or matter pending before him, except in the regular course of proceedings- shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever prepares any false or antedated book, paper, record, instrument or other matter or thing, with intent to produce it or to allow it to be produced as genuine or true, upon any trial, proceeding or inquiry whatever, authorized by law, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever, upon any trial, proceeding, inquiry or investigation authorized or permitted by law, offers in evidence as genuine or true, any book, paper, document, record or other instrument or writing, knowing the same to have been forged or fraudulently altered or antedated, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever- (1) practices any fraud or deceit on; or (2) knowingly makes or exhibits any false statement, representation, token or writing to- any witness, or person about to be called as a witness, upon any trial, proceeding, inquiry or investigation authorized by law, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, knowing that any book, paper, record, instrument, writing or other matter or thing is about to be produced in evidence upon any trial, inquiry or investigation authorized by law, willfully destroys or conceals the same, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Whoever willfully prevents or dissuades any person who is or may become a witness, from attending any trial, proceeding or inquiry authorized by law, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Discharging His Duty (a) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a peace officer, firefighter, or first responder of any authorized act within the peace officer's, firefighter's, or first responder's official capacity, shall do any act that hampers or impedes a peace officer, firefighter or first responder in the performance of lawful duties. (b) Whoever violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, or imprisoned for not more than one (1) year, or both. History: Added Aug. 13, 2014, No. 7640, § 1, Sess. L. 2014, p. 198, 199.

(a) As used in this section (1) "Emergency communication" means any telephone call or any other form of communication made, transmitted or facilitated by radio, computer, or any other electronic device that is intended by its maker to provide warning or information pertaining to any crime, fire, accident, disaster or risk of injury, or damage to any person or property. (2) "Emergency communications center" means any public or private facility or entity that accepts emergency communications for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire, medical, emergency medical services provider, paramedic, ambulance, rescue, utility or other public safety personnel. (b) A person is guilty of malicious interference with emergency communications punishable by a fine of not more than $1,000, or imprisonment for not more than 1 year, or by both such fine and imprisonment when the person: (1) Intentionally prevents or hinders the initiation, making, or completion of an emergency communication by another person; or (2) Intentionally initiates or makes repeated nonemergency communications to any 911 or other emergency communications center, knowing it was thereby likely that the operations of the emergency communications center would be disrupted. History: Added Aug. 13, 2014, No. 7640, § 2, Sess. L. 2014, p. 199.

Whoever willfully injures, destroys or takes from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

(a) Whoever- (1) uses force, threat, or intimidation against any person called or to be called as a witness at any trial, proceeding, inquiry or investigation authorized by law relating to a felony (as defined in section 2 of this title), with intent to influence or prevent the testimony of such person or in retaliation for any testimony given, or any record, document or other object produced by such person; or (2) uses force, threat, or intimidation against any person who provides information relating to a felony (as defined in section 2 of this title), to a law enforcement officer or other employee of the local or federal government who is responsible for investigating or prosecuting offenses- shall be fined not more than $2,000, or imprisoned not more than ten years, or both. (b) Whoever- (1) uses force, threat, or intimidation against any person called or to be called as a witness at any trial, proceeding, inquiry or investigation authorized by law relating to a misdemeanor (as defined in section 2 of this title), with intent to influence or prevent the testimony of such person or in retaliation for any testimony given, or any record, document or other object produced by such person; or (2) uses force, threat, or intimidation against any person who provides information relating to a misdemeanor (as defined in section 2 of this title), to a law enforcement officer or other employee of the local or federal government who is responsible for investigating or prosecuting offenses- shall be fined not more than $500, or imprisoned not more than one year, or both. History: Added Apr. 2, 1982, No. 4698, Sess. L. 1982, p. 62.

Whoever, in or in connection with, any action, proceeding, hearing or inquiry or on any occasion when an oath may be lawfully administered- (1) swears or affirms- (A) that he will truly testify, declare, depose or certify; or (B) that any testimony, declaration, deposition, certificate, affidavit or other writing subscribed by him is true; and (2) willfully and knowingly testifies, declares, deposes or certifies falsely or states in his testimony, deposition, affidavit or certificate any matter to be true which he knows to be false- shall be imprisoned not more than 10 years.

Prosecution For Perjury Any section of this Code which declares that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, shall not be construed as preventing such evidence from being proved against him in any proceeding based on a charge of perjury committed in such examination.

It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.

It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him, or that it did not in fact affect the proceeding in or for which it was made. It is sufficient that it was material and might have been used to affect such proceeding.

It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate.

The making of a deposition or certificate is deemed to be complete, for purposes of this chapter, from the time it is delivered by the accused to any other person with the intent that it be uttered or published as true.

An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.

Whoever willfully procures or induces another to commit perjury, shall be imprisoned not more than 10 years.

Whoever, by willful perjury or subornation of perjury, procures the conviction and punishment of any innocent person, is punishable by the same penalty that was inflicted upon such innocent person; but in no case shall the punishment be less than one year imprisonment.

The person of a convict sentenced to imprisonment is under the protection of the law, and any injury to his person not authorized by law, is punishable in the same manner as if he were not convicted or sentenced.

Whoever is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, shall be fined not more than $200 or imprisoned not more than 1 year, or both.

As used in this chapter- "assignation" includes the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement; "lewdness" includes any indecent or obscene act; and "prostitution" includes the offering or receiving of the body for sexual intercourse for hire and the offering or receiving of the body for indiscriminate sexual intercourse without hire.

Whoever- (1) engages in prostitution, lewdness or assignation; (2) procures or solicits, or offers to procure or solicit, for the purpose of prostitution, lewdness or assignation; (3) keeps, sets up or maintains any place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation; (4) permits any place, structure, building or conveyance owned by him, or under his control, to be used for the purpose of prostitution, lewdness or assignation with knowledge or reasonable cause to know that the same is, or is to be, used for such purpose; (5) receives, or offers or agrees to receive, any person into any place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation, or permits any person to remain there for such purpose; (6) directs, takes or transports, or offers or agrees to take or transport, any person to any place, structure or building, or to any other person with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation; or (7) resides in, enters or remains in any place, structure or building, or enters or remains in any conveyance for the purpose of prostitution, lewdness or assignation- shall be fined not more than $100 or imprisoned not more than 180 days, or both.

(a) Whoever leases, rents or contracts to lease or rent, any vehicle, conveyance, place, structure, building or any part thereof, knowing or with good reason to know, that it is to be used for purposes of prostitution, lewdness or assignation, shall be fined not more than $100 or imprisoned not more than 180 days, or both. (b) If, subsequent to execution of a lease, the owner of the leased property discovers that the building has been converted for the purposes of prostitution, pandering, lewdness or assignation, the owner shall advise the Police Commissioner of the conversion in writing. The owner shall have the right and responsibility to seek eviction of the lessee from the property. If the landlord fails to so notify the Police Commissioner, he shall be considered to have knowingly leased the premises as described under subsection (a) of this section and be subject to the penalties of that subsection. (c) It shall be the responsibility of the Police Commissioner, in coordination with the Director of Consumer Services, to make an investigation of allegations regarding prostitution and pandering, and report his findings, if appropriate, to the Director of Consumer Services for appropriate action under Title 27, section 304 of the Virgin Islands Code in addition to bringing any prosecutions under sections 1622 - 1625 of this title. History: Amended May 27, 1983, No. 4816, § 2, Sess. L. 1983, p. 67; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Whoever keeps or has any interest in keeping- (1) a house of ill-fame or assignation of any description; (2) a house or place for persons to visit for unlawful sexual intercourse or for any sexual, obscene or indecent purpose; or (3) a disorderly house or any place of public resort by which the peace, comfort or decency of a neighborhood is disturbed- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever, by promises, threats, violence or by any device or scheme, causes, induces, persuades or encourages- (1) a person to become an inmate of a house of prostitution, or procures for a person a place as inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed; or (2) an inmate of a house of prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as such inmate; or Whoever, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures any person to become an inmate of a house of ill-fame, or to enter any place in which prostitution is encouraged or allowed, or to come into the Virgin Islands or leave the Virgin Islands for the purpose of prostitution; or Whoever receives or gives, or agrees to receive or give, any money or thing of value for procuring or attempting to procure, any person to become an inmate of a house of ill-fame within the Virgin Islands, or to come into the Virgin Islands or leave the Virgin Islands for the purpose of prostitution; or Whoever, knowing a person to be a prostitute- (1) lives or derives support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of such prostitute, or from monies loaned or advanced to or charged against such prostitute by any keeper, manager or inmate of a house or other place where prostitution is practiced or allowed; or (2) touts or receives compensation for touting for such prostitute- shall be fined not more than $1,000 or imprisoned not more than 5 years, or both; Provided, That whoever induces a person under the age of 18 into becoming a prostitute, or receives compensation for pandering for such minor, shall be imprisoned not less than 2 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, imposition or execution of this two-year minimum period of incarceration shall not be suspended; neither shall probation, parole or any other form of release be granted for this minimum period of incarceration. History: Amended Oct. 18, 1984, No. 5013, § 7, Sess. L. 1984, p. 347.

Upon a trial for pandering, the defendant cannot be convicted upon the testimony of the person injured, unless it is corroborated by some other evidence tending to connect the defendant with the commission of the crime. History: Amended Oct. 18, 1984, No. 5013, § 8, Sess. L. 1984, p. 347.

As used in this chapter- "public monies" includes all bonds and evidences of indebtedness and all monies belonging to the Government of the Virgin Islands.

Whoever, being a public officer or person charged with the receipts, safekeeping, transfer or disbursement of public monies- (1) appropriates the same, or any portion thereof to his own use or the use of another, without authority of law; (2) fails to keep the same in his possession until disbursed or paid out by authority of law; (3) loans the same, or any portion thereof, or makes a profit out of, or uses the same for any purpose not authorized by law; (4) unlawfully deposits the same, or any portion thereof, in any bank, or with any banker or other person; (5) changes or converts any portion thereof from coin into currency, or from currency into coin or other currency, without authority of law; (6) knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; (7) fraudulently alters, falsifies, conceals, destroys or obliterates any account, or documents relating thereto; (8) willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order or warrant drawn upon such moneys by competent authority; (9) willfully omits to transfer the same, when such transfer is required by law; (10) willfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same- shall be fined not more than ten thousand ($10,000) dollars or imprisoned not more than ten (10) years, or both, and shall be disqualified from holding any public office. History: Amended June 20, 1975, No. 3703, § 1, Sess. L. 1975, p. 40.

Whoever- (1) being an officer charged with the receipt, safekeeping, or disbursement of public money, neglects or fails to keep and pay over the same in the manner prescribed by law; or (2) being a clerk, marshal, or other officer, receives any fine or forfeiture and refuses or neglects to pay over the same according to law- shall be fined not more than ten thousand ($10,000) dollars or imprisoned not more than ten (10) years, or both, and shall be disqualified from holding any public office. History: Amended June 20, 1975, No. 3703, § 2, Sess. L. 1975, p. 40.

Whoever, being a public officer authorized by law to make or give any certificate or writing, makes and delivers as true any such certificate or writing containing statements which he knows to be false, shall be fined not more than $500 or imprisoned not more than 2 years, or both.

Whoever, being an employee of the Government of the Virgin Islands or any department, agency or instrumentality thereof, discloses in any manner not authorized by law any information coming to him in the course of his employment which concerns or relates to the trade secrets of any person, firm, partnership, corporation, or association, shall be fined not more than $1,000, or imprisoned not more than one year, or both, and shall be removed from employment. History: Added July 30, 1976, No. 3853, § 3, Sess. L. 1976, p. 163.

As used in this chapter, unless the context clearly indicates otherwise: (a) "perpetrator" means a person accused of rape or unlawful sexual contact. (b) "personal injury" means serious bodily injury, disfigurement, chronic pain, disease, or loss or impairment of a sexual or reproductive organ. (c) "sexual conduct" means actual or simulated: (1) Sexual intercourse, including genital to genital, oral to genital, anal to genital, or oral-anal, whether between persons of the same or opposite sex. (2) Penetration of the vagina or rectum however slight by hand, finger or by any object except when done as part of a recognized medical procedure. (d) "sexual contact" means any touching of another person with the genitals or any touching of the genitals, anus, groin, inner thighs, buttocks, lips or breasts of another person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person. (e) "sexual intercourse" means vaginal intercourse or any insertion, however slight, of a hand, finger or object into the vagina, vulva, or labia, excluding such insertion for medical treatment or examination. (f) "sodomy" means carnal knowledge of any person by the mouth, i.e., cunnilingus or fellatio; or by the anus; or by submission to the same; or by any insertion, however slight, of any object into a person's anus, excluding such insertion for medical treatment or examination. (g) "victim" means the person alleging to have been subjected to rape or unlawful sexual contact. History: Added Oct. 18, 1984, No. 5013, § 1(b), Sess. L. 1984, p. 343; amended May 27, 1988, No. 5340, § 1, Sess. L. 1988, p. 137; amended Jan. 31, 2014, No. 7579, § 3(1), (2), Sess. L. 2014, p. 1, 2.

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person: (1) Who is under the age of thirteen, or (2) who is under sixteen years of age residing in the same household as the perpetrator, and force, intimidation, or the perpetrator's position of authority over the victim is used to accomplish the sexual act; or (b) Whoever causes personal injury to a victim as the result of an act of rape as set forth in section 1701 of this title; or (c) Whoever uses a deadly weapon during the commission of an act of rape as set forth in section 1701 - is guilty of aggravated rape in the first degree and shall be imprisoned for life or for any term of years, but not less than 15 years. Notwithstanding the provisions of Title 5, Title 5s chapters 313, 405 and 407, Virgin Islands Codeother provisions of law, imposition or execution of the fifteen-year minimum period of incarceration shall not be suspended; neither shall probation, parole, or any other form of release be granted for this minimum period of incarceration. Whoever is convicted of a second or subsequent offense of aggravated rape in the first degree shall be punished by imprisonment for life or for any term of years, but not less than 25 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, imposition or execution of the twenty-five year minimum period of incarceration shall not be suspended; neither shall probation, parole, or any other form of release be granted for this minimum period of incarceration. (d) Whoever is convicted of attempted aggravated rape in the first degree shall be punished by imprisonment for not more than 25 years, but not less than 7 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, or any other provision of law, imposition or execution of the seven-year period of incarceration shall not be suspended, nor shall probation, parole or another form of release be granted for this minimum period of incarceration. (e) Whoever is found guilty of an offense in this section shall receive a psychiatric evaluation and participate in psychosocial counseling. (f) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code. History: Added Oct. 18, 1984, No. 5013, § 1(b), Sess. L. 1984, p. 343; amended Feb. 13, 1992, No. 5771, § 1, Sess. L. 1992, p. 20; Feb. 20, 2002, No. 6497, § 2 1., Sess. L. 2002, p. 3; amended Oct. 15, 2013, No. 7517, § 1(a), (c) (1), Sess. L. 2013, p. 117 .

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person who is under eighteen years but thirteen years or older, or by force, intimidation, or the perpetrator's position of authority over the victim is used to accomplish the sexual act, is guilty of aggravated rape in the second degree and shall be imprisoned for life or for any term in years, but not less than 10 years. "Position of authority" shall include, but not be exclusive to the following: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, baby sitter, or substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor. (b) Whoever is convicted of a second or subsequent offense of aggravated rape in the second degree shall be punished by imprisonment for life or for any term of years, but not less than 20 years. Notwithstanding the provisions of title 5, chapters 313, 405 and 407 of this Code, or of any other law, imposition or execution of the twenty-year minimum period of incarceration shall not be suspended; nor shall probation, parole, or any other form of release be granted for the minimum period of incarceration prescribed in this section. (c) Whoever is convicted of attempted aggravated rape in the second degree shall be punished by imprisonment for not more than 25 years, but not less than 5 years. Notwithstanding the provisions of title 5, chapters 313, 405 and 407, or any other provision of law, imposition or execution of the five-year minimum period of incarceration shall not be suspended, nor shall probation, parole or any other form of release be granted for this minimum period of incarceration. (d) Whoever is convicted of an offense under this section shall receive a psychiatric evaluation and participate in psychosocial counseling. (e) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code. History: Added Feb. 20, 2002, No. 6497, § 2 2., Sess. L. 2002, p. 4; amended Oct. 15, 2013, No. 7517, § 1(b), (c) (2), Sess. L. 2013, p. 117 .

(a) Whoever perpetrates an act of sexual intercourse or sodomy with a person- (1) when through idiocy, imbecility or any unsoundness of mind, either temporary or permanent, the person is incapable of giving consent, or, by reason of mental or physical weakness or immaturity or any bodily ailment, the person does not offer resistance; (2) when the person's resistance is forcibly overcome; (3) when the person's resistance is prevented by fear of immediate and great bodily harm which the person has reasonable cause to believe will be inflicted upon the person; (4) when the person's resistance is prevented by stupor or weakness of mind produced by an intoxicating, narcotic or anaesthetic agent, or when the person is known by the defendant to be in such state of stupor or weakness of mind from any cause; (5) when the sexual penetration is accomplished by fraud; or (6) when the person is, at the time, unconscious of the nature of the act and this is known to the defendant- is guilty of rape in the first degree and shall be imprisoned not less than 10 years nor more than 30 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, imposition or execution of this ten-year minimum period of incarceration shall not be suspended; neither shall probation, parole, or any other form of release be granted for this minimum period of incarceration. (b) Whoever is convicted of a second or subsequent offense of rape in the first degree shall be punished by imprisonment for life or for any term of years, but not less than 10 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, imposition or execution of the ten-year minimum period of incarceration shall not be suspended; neither shall probation, parole, or any other form of release be granted for this minimum period of incarceration. (c) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code. History: Amended Oct. 18, 1984, No. 5013, § 2(a)-(d), Sess. L. 1984, p. 344; Feb. 13, 1992, No. 5771, § 2, Sess. L. 1992, p. 20; amended Oct. 15, 2013, No. 7517, § 1(c)(3), Sess. L. 2013, p. 117, 118; amended July 20, 2019, No. 8184, § 6(1)(a), (b), Sess. L. 2019, p. 27.

(a) Any person over 18 years of age who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person who is at least 16 years but less than 18 years of age, and the perpetrator is 5 years or older than the victim, is guilty of rape in the second degree and shall be imprisoned not more than 10 years. (b) Whoever is convicted of any offense under this section shall receive a psychiatric evaluation and participate in psychosocial counseling. (c) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code. History: Amended Oct. 18, 1984, No. 5013, § 3(a)-(f), Sess. L. 1984, p. 345; Feb. 20, 2002, No. 6497, § 2 3., Sess. L. 2002, p. 5; amended Oct. 15, 2013, No. 7517, § 1(a), (c) (4), Sess. L. 2013, p. 117, 118 .

(a) Any person under 18 years of age but over 16 years of age who perpetrates an act of sexual intercourse or sodomy with a person who is under 16 years of age but over 13 years of age, under circumstances not amounting to rape in the first degree, is guilty of rape in the third degree and shall be subject to the jurisdiction of the Family Division of the Superior Court pursuant to Title 4, Chapter 11, Virgin Islands Code. In lieu of a term of detention, the court, in its discretion, may recommend appropriate treatment, counseling or family planning. (b) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code. History: Amended Jan. 29, 1964, No. 1060, Sess. L. 1964, p. 5; Oct. 18, 1984, No. 5013, § 4, Sess. L. 1984, p. 345; amended Oct. 15, 2013, No. 7517, § 1(a), (c) (5), Sess. L. 2013, p. 117, 118 .

Any sexual penetration, however slight, is sufficient to complete the crime.

History: Repealed. Oct. 18, 1984, No. 5013, § 11, Sess. L. 1984, p. 354.

History: Repealed. Aug. 4, 1978, No. 4172, Sess. L. 1978, p. 168.

(a) A person who engages in sexual contact with a person- (1) when force or coercion is used to accomplish the sexual contact; (2) when the other person is under thirteen years of age; (3) when the other person is under sixteen years of age residing in the same household as the perpetrator, and force, intimidation or the perpetrator's position of authority over the victim is used to accomplish the sexual contact; (4) when the other person is threatened or placed in fear of imminent and serious bodily injury; (5) when the other person's ability to consent to or resist the contact has been substantially impaired by an intoxicating, narcotic or anesthetic agent; (6) when the sexual contact is accomplished by fraud; or (7) when the other person is unconscious or physically helpless, or that person's mental defect or incapacity is known to the perpetrator- is guilty of unlawful sexual contact and shall be imprisoned not more than 15 years. (b) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code. History: Added Oct. 18, 1984, No. 5013, § 5, Sess. L. 1984, p. 346; amended Oct. 15, 2013, No. 7517, § 1(a), (c) (6), Sess. L. 2013, p. 118 ; amended July 20, 2019, No. 8184, § 6(2)(a), (b), Sess. L. 2019, p. 27.

(a) A person over eighteen years of age who engages in sexual contact with a person who is over thirteen but under sixteen years of age is guilty of unlawful sexual contact in the second degree and shall be imprisoned not more than 1 year. (b) Spousal consent shall be an affirmative defense in the event the persons are legally married pursuant to the provisions of title 16, chapter 1 of the Virgin Islands Code. History: Added Oct. 18, 1984, No. 5013, § 5, Sess. L. 1984, p. 346; amended Oct. 15, 2013, No. 7517, § 1(a), (c) (7), Sess. L. 2013, p. 117, 118 .

(a) A person is incapable of consent to sexual relations when the person is detained, including traffic stops and questioning pursuant to an investigation, under arrest, or is otherwise in the custody of a police officer or other law enforcement official, and the offender is a police officer or other law enforcement official who either: (1) detained or arrested the person or is responsible for the person's custody; or (2) knows or should reasonably know that the person is under arrest or in custody. (b) As used in this section: (1) "Law enforcement official" means a person who is responsible for the prevention, investigation, apprehension or detention of individuals suspected or convicted of offenses against the criminal laws, including a peace officer empowered to enforce the law through peace officer standards and training certification. (2) "Sexual relations" means sexual contact, sexual intercourse, or sodomy as defined in section 1699 of this chapter." History: Added July 9, 2025, No. 8998, § 1, Sess. L. 2025, p. -.

For purposes of this chapter: (a) The term "minor" means a person under the age of 18. (b) The term "sex offense" as used in this code includes those offenses contained in 42 U.S.C. §16911(5) and those offenses enumerated in sections 1721A and 1721B of this chapter or any other covered offense under Virgin Islands law except as limited by subparagraphs 1 or 2: (1) An offense involving consensual sexual conduct is not a sex offense for the purposes of this chapter if the victim: (a) was an adult, unless the adult was under the custodial authority of the offender at the time of the offense; or (b) was at least thirteen (13) years old and the offender was not more than four (4) years older than the victim. (2) A foreign conviction is not a sex offense for the purposes of this chapter unless it was obtained either: (a) under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country or jurisdiction within the Caribbean, which includes but is not limited to: Jamaica, Haiti, Trinidad & Tobago, St. Lucia, Grenada, St. Vincent & the Grenadines, Antigua & Barbuda, St. Kitts, Nevis, Dominica, the Netherlands Antilles, Belize, the Bahamas, Cuba, Dominican Republic, Guyana and Barbados, or (b) under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country or jurisdiction within the Caribbean, which includes but is not limited to: Jamaica, Haiti, Trinidad & Tobago, St. Lucia, Grenada, St. Vincent & the Grenadines, Antigua & Barbuda, St. Kitts, Nevis, Dominica, the Netherlands Antilles, Belize, the Bahamas, Cuba, Dominican Republic, Guyana and Barbados, or (c) The term "conviction" means: (1) An adult sex offender is "convicted" for the purposes of this chapter if the sex offender has been subjected to penal consequences based on a conviction of one of the sex offenses defined in this chapter however the conviction may be styled. (2) A juvenile offender is "convicted" for purposes of this chapter if the juvenile offender is either: (a) Prosecuted and found guilty as an adult for a sex offense: or (b) Is adjudicated delinquent as a juvenile for a sex offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in either subsection (a) or (b) of section 2section 2241 of title 18, United States Code an attempt or conspiracy to commit such an offense. (3) A foreign conviction is one obtained outside of the United States. (d) The term "foreign" means outside of the United States. (e) The term "employee" as used in this chapter includes, but is not limited to an individual who is self- employed or works for any other entity, regardless of compensation. Volunteers of a government agency or organization are included within the definition of employee for registration purposes. (f) "Immediate" and "immediately" mean within 3 business days. (g) The term "imprisonment" refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state "prison" as well as in a federal, military, foreign, BIA, private or contract facility, or a local or tribal "jail". Persons under "house arrest" following conviction of a covered sex offense are required to register pursuant to the provisions of this chapter during their period of "house arrest." (h) The term "confined" refers to persons who are adjudicated "not guilty by reason of insanity" by a court of this territory and are therefore sentenced to a period of confinement in a behavioral health facility in the territory or, pursuant to the terms of a contractual agreement, in a facility in the United States. (i) The term "jurisdiction" as used in this chapter refers to the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe that elected to function as a SORNA registration and notification jurisdiction pursuant to PL 109-248 Section 127 (42 U.S.C. §16927). (j) The terms "reside" and "resides" mean, with respect to an individual, the location of the individual's home or other place where the individual habitually lives or sleeps for more than 30 days per year. Moreover, all visitors and individuals who are required to register pursuant to this chapter and who will be present in the territory for less than 30 days in any given year, must contact the Department of Justice in order to notify the Department of his or her presence in the territory as well as all arrival and departure information. (k) The term "sex offender" means a person convicted of a sex offense. (l) The term "sexual act" means: (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (4) the intentional touching of the genitalia of another person that has not attained the age of 18 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. (m) The term "sexual contact" means the intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass or degrade another person; or with the intent to arouse or gratify the sexual desires of any person. (n) The phrase "intimate parts" means the primary genital area, anus, groin, inner thigh, buttocks or breasts. (o) The term "student" means a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education. The term also includes a person who is an intern, extern or apprentice studying in the Territory. (p) The acronym "SORNA" means the Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. §16911 et seq., as amended. (q) The term "sex offender registry" means the registry of sex offenders, and a notification program, maintained by the Virgin Islands Department of Justice. (r) The acronym "NSOR" means the national database maintained by the Federal Bureau of Investigation pursuant to 42 U.S.C. §16919. (s) The "SMART Office" is The Office of sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, which was established within the United States Department of Justice under the general authority of the Attorney General of the United States pursuant to 42 U.S.C. §16945. (t) The acronym NSOPW means the Dru Sjodin National Sex Offender Public Website (NSOPW). The public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. §16920. (u) A "tier 1 sex offender", or a "sex offender" designated as "tier 1", is one who has been convicted of a "tier 1" sex offense as defined in section 1721B(a). (v) A "tier 2 sex offender", or a "sex offender" designated as "tier 2", is one who has been either convicted of a "tier 2" sex offense as defined in section 1721B(b), or who is subject to the recidivist provision of section 1721B(b)(1). (w) A "tier 3 sex offender", or a "sex offender" designated as "tier 3", is one who has been either convicted of a "tier 3" sex offense as defined in section 1721B(c), or who is subject to the recidivist provision of section 1721B(c)(1). History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended July 18, 2012, No. 7372, § 1(1), (3), Sess. L. 2012, p. 117-121; amended Jan. 6, 2019, No. 8152, § 1(a)(3), Sess. L. 2018, p. 327.

All individuals who reside within the territory of the United States Virgin Islands, are employed within the Territory of the United States Virgin Islands or who attend school within the Territory of the United States Virgin Islands, that have been convicted of any of the following offenses, or convicted of an attempt or conspiracy to commit any of the following offenses, are subject to the requirements of this chapter. (a) Virgin Islands Offenses. (1) 14 V.I.C. § 1700 (Aggravated Rape). (2) 14 V.I.C. § 1700a. (Aggravated Rape in the Second Degree). (3) 14 V.I.C. § 1701 (Rape in the First Degree). (4) 14 V.I.C. § 1702 (Rape in the Second Degree when minor is under 16 but over 13 years of age). (5) 14 V.I.C. § 1708 (Unlawful Sexual Contact in the First Degree). (6) 14 V.I.C. § 1709 (Unlawful Sexual Contact in the Second Degree). (7) 14 V.I.C. §§ 707 & 1709 (Use of intimidation by reason of the actual or perceived race, religion, color, place of birth, sex or ethnicity or handicap of another individual or group of individuals when engaging in unlawful sexual contact) & (Unlawful sexual contact in the second degree). (8) 14 V.I.C. § 1024(b) (Distribution of child pornography). (9) 14 V.I.C. § 1025 (Distribution of obscene matter to a minor when the obscene matter depicts a minor engaging in sexual conduct and is distributed for the purpose of enticing the minor into engaging in sexual conduct). (10) 14 V.I.C. § 1027 (Employment of a Minor to Perform Prohibited Acts). (11) 14 V.I.C. § 1051 (False Imprisonment and Kidnapping) of a minor, (except by a parent). (12) 14 V.I.C. § 1052(b) (Kidnapping of persons for the purpose of rape). (13) 14 V.I.C. § 1622(2), (3), (4) (Prohibition on solicitation and use of minors in Prostitution). (14) 14 V.I.C. § 1623 (Knowingly Leasing Property to be used for prostitution of minors). (15) 14 V.I.C. § 1624 (Keeping house of prostitution of minors). (16) 14 V.I.C. § 1625 (Prohibition on Pandering when pandering involves the use of minors in sexual acts. (17) 14 V.I.C. § 121 (Abduction) (Use of invitation or device to prevail upon a person to visit any place for the purpose of prostitution of minors). (18) 14 V.I.C. § 134(a)(3) (Trafficking of persons for illegal sexual activity based upon convictions under 14 V.I.C. §§ 1622, 1623, 1624 &1625). (19) 14 V.I.C. § 505 (Child abuse as defined in 14 V.I.C. § 503(a) which involves the use of a minor for the purpose of exploitation or to engage in sexual conduct). (20) 14 V.I.C. § 506 (Aggravated child abuse when it involves the use of a minor for the purpose of exploitation or to engage in sexual conduct). (21) 14 V.I.C. § 489 (Computer Pornography). (b) Federal Offenses. A conviction for any of the following, and any other offense hereafter included in the definition of "sex offense" at 42 U.S.C. §16911(5) [now see 34 U.S.C. §20911(5)] . (1) 18 U.S.C. §1591 (Sex Trafficking of Children), 1(2).S.C. §18 18 U.S.C. §1801 (Video Voyeurism of a Minor), (3) 18 U.S.C. §2241 (Aggravated Sexual Abuse), (4) 18 U.S.C. §2242 (Sexual Abuse), (5) 18 U.S.C. §2243 (Sexual Abuse of a Minor or ward), (6) 18 U.S.C. §224418 U.S.C. §18xual Contact), (7) 18 U.S.C. §2245 (Offenses Resulting in Death), (8) 18 U.S.C. §2251 (Sexual Exploitation of Children), (a) 18 U.S.C. §2251A (Selling or Buying of Children), (b) 18 U.S.C. §2252 (Material Involving the Sexual Exploitation of a Minor), (c) 18 U.S.C. §2252A (Material Containing Child Pornography), (d) 18 U.S.C. §2252B (Misleading Domain Names on the Internet), (e) U.S.C. § 2252C (Misleading Words or Digital Images on the Internet), (f) 18 U.S.C. §2260 (Production of Sexually Explicit Depictions of a Minor for Import into the U.S.), (g) 18 U.S.C. §2421 (Transportation of a Minor for Illegal Sexual Activity), (h) 18 U.S.C. §2422 (Coercion and Enticement of a Minor for Illegal Sexual Activity), (i) 18 U.S.C. §2423 (Mann Act), (j) 18 U.S.C. §2424 (Failure to File Factual Statement about an Alien Individual), (k) 18 U.S.C. §2425 (Transmitting Information about a Minor to further Criminal Sexual Conduct). (c) Foreign Offenses. Any conviction for a sex offense involving any conduct listed in this section that was obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred. (d) Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C) (i) of Public Law 105-119 (codified at 10 U.S.C.951 note). (e) Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including this territory of the United States that involves: (1) Any type or degree of genital, oral, or anal penetration, (2) Any sexual touching of or sexual contact with a person's body, either directly or through the clothing, (3) Kidnapping of a minor, (4) False imprisonment of a minor, (5) Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct, (6) Use of a minor in a sexual performance, (7) Solicitation of a minor to practice prostitution, (8) Possession, production, or distribution of child pornography, (9) Criminal sexual conduct that involves physical contact with a minor or the use of the internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense, (10) Any conduct that by its nature is a sex offense against a minor, or (11) Any offense similar to those outlined in: (i) 18 U.S.C. §1591 (Sex Trafficking by force, fraud, or coercion), (ii) 18 U.S.C. §1801 (Video Voyeurism of a minor), (iii) 18 U.S.C. §2241 (Aggravated Sexual Abuse), (iv) 18 U.S.C. §2242 (Sexual Abuse), (v) 18 U.S.C. §2244 (Abusive Sexual Contact), (vi) 18 U.S.C. §2422(b) (Coercing a Minor to Engage in Prostitution), or (vii) 18 U.S.C. §2423(a) (Transporting a Minor to Engage in Illicit Conduct). History: Added July 18, 2012, No. 7372, § 2, Sess. L. 2012, pp. 121-125.

(a) Tier 1 Offenses. (1) A "Tier 1" offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that is not a "Tier 2" or "Tier 3" offense. (2) A "Tier 1" offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to section 1721A(c) that involves: (i) the false imprisonment of a minor, (ii) video voyeurism of a minor, or (iii) possession or receipt of child pornography. (3) Any sex offense covered by this act where punishment was limited to one year in jail shall be considered a "Tier 1" sex offense. Local Offenses covered in this Statute include, but may not be limited to: (i) 14 V.I.C. § 1709, unless enhanced with 14 V.I.C. § 707 (Use of intimidation by reason of the actual or perceived race, religion, color, place of birth, sex or ethnicity or handicap of another individual or group of individuals when engaging in unlawful sexual contact); (ii) 14 V.I.C. § 121 (use of invitation or device to prevail upon an adult to visit a place for the purpose of prostitution of a minor); (iii) 14 V.I.C. § 1622(2), (3) & (4) (Prohibition on solicitation and use of minors in prostitution); (iv) 14 V.I.C. § 1623 (Knowingly leasing property to be used for prostitution of minors); or (v) 14 V.I.C. § 1624 (Keeping house of prostitution of minors). (4) Conviction for any of the following federal offenses shall be considered a conviction for a "Tier 1" offense: (i) 18 U.S.C. §1801 (video voyeurism of a minor), (ii) 18 U.S.C. §2252 (receipt or possession of child pornography), (iii) 18 U.S.C. §2252A (receipt or possession of child pornography), (iv) 18 U.S.C. §2252B (misleading domain names on the internet), (v) 18 U.S.C. §2252C (misleading words or digital images on the internet), (vi) 18 U.S.C. §2422(a) (coercion to engage in prostitution), (vii) 18 U.S.C. §2423(b) (travel with the intent to engage in illicit conduct), (viii) 18 U.S.C. §2423(c) (engaging in illicit conduct in foreign places), (ix) 18 U.S.C. §2423(d) (arranging inducing, procuring or facilitating the travel in interstate commerce of an adult for the purpose of engaging in illicit conduct for financial gain), (x) 18 U.S.C. §2424 (failure to file factual statement about an alien individual), or (xi) 18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct). (5) Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in section 1721B(a)(3) and (4) shall be considered a "Tier 1" offense. (b) Tier 2 Offenses. (1) Unless otherwise covered by section 1721B(c), any sex offense that is not the first sex offense for which a person has been convicted and that is punishable by more than one year in jail is considered a "Tier 2" offense. (2) A "Tier 2" offense includes any sex offense against a minor for which a person has been convicted, or an attempt or conspiracy to commit such an offense that involves: (i) the use of minors in prostitution, including solicitations, (ii) enticing a minor to engage in criminal sexual activity, (iii) sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body, (iv) the use of a minor in a sexual performance, (v) the production or distribution of child pornography, or (vi) a non-forcible Sexual Act with a minor Sexual Actyears old. (3) Local Offenses covered under Tier 2 include, but may not be limited to: (i) 14 V.I.C. § 134(a)(3) (Trafficking of persons for illegal sexual activity based upon convictions under 14 V.I.C. §§ 1622, 1623, 1624 & 1625, (ii) 14 V.I.C. § 1024(b) (Distribution of child pornography), (iii) 14 V.I.C. § 1025 (Distribution of obscene matter to a minor when the obscene matter depicts a minor engaging in sexual conduct and is distributed for the purpose of enticing the minor into engaging in sexual conduct), (iv) 14 V.I.C. § 1700a (Aggravated rape in the 2nd degree when the minor is under eighteen but thirteen years or older) (v) 14 V.I.C. § 1702 (Rape in the Second Degree when minor is under 16 but over 13 years of age) (vi) 14 V.I.C. § 121 (use of invitation or device to prevail upon a minor to visit a place for the purpose of prostitution) (vii) 14 V.I.C. § 1027 (Employment of minor to perform prohibited acts), or (viii) 14 V.I.C. § 489 (Computer pornography). (4) Conviction for any of the following federal offenses shall be considered a conviction for a "Tier 2" offense: (i) 18 U.S.C. §1591 (sex trafficking by force, fraud, or coercion), (ii) 18 U.S.C. §2244 (abusive sexual contact, where the victim is 13 years of age or older), (iii) 18 U.S.C. §2251 (sexual exploitation of children), (iv) 18 U.S.C. §2251A (selling or buying of children), (v) 18 U.S.C. §2252 (material involving the sexual exploitation of a minor), (vi) 18 U.S.C. §2252A (production or distribution of material containing child pornography), (vii) 18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the United States), (viii) 18 U.S.C. §2421 (transportation of a minor for illegal sexual activity), (ix) 18 U.S.C. §2422(b) coercing a minor to engage in prostitution), (x) 18 U.S.C. §2423(a) (transporting a minor to engage in illicit conduct), or (xi) 18 U.S.C. §2423(d) (arranging, inducing procuring or facilitating the travel in interstate commerce of a minor for the purpose of engaging in illicit conduct for financial gain). (5) Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in subsections 1721B(b)(1), (2), (3) or (4) above shall be considered a "Tier 2" offense. (c) Tier 3 Offenses. (1) Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction or an attempt or conspiracy to commit such an offense for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a "Tier 3" offense. (2) A "Tier 3" offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves: (i) non-parental kidnapping of a minor, (ii) a sexual act with another by force or threat, (iii) a sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate, or (iv) sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing. (3) Local Offenses covered under Tier 3 for which a person has been convicted, or has been convicted of an attempt or conspiracy to commit such an offense, include, but may not be limited to: (i) 14 V.I.C. § 1051 (non-parental kidnapping of a minor), (ii) 14 V.I.C. § 1052(b) (kidnapping of persons for purpose of rape), (iii) 14 V.I.C. § 1700 (Aggravated rape), (iv) 14 V.I.C. § 1701 (Rape in the first degree), (v) 14 V.I.C. § 1700a (Aggravated rape in the second degree when force is used), (vi) 14 V.I.C. § 1708 (Unlawful sexual contact in the first degree), (vii) 14 V.I.C. § 1709 when a person is also convicted of 14 V.I.C. § 707 (Unlawful sexual contact in the second degree when motivated by the victim's race, religion, color, place of birth, sex, ethnicity or handicap), (viii) 14 V.I.C. § 506 (Aggravated child abuse when it involves the use of a minor for the purpose of exploitation or to engage in sexual conduct), (ix) 14 V.I.C. § 1625 (Prohibition on pandering when the pandering involves the use of minors in sexual acts), or (x) 14 V.I.C. § 505 (child abuse of a minor involving sexual exploitation or sexual acts). (4) Conviction for any of the following federal offenses shall be considered conviction for a "Tier 3" offense: (i) 18 U.S.C. §2241 (aggravated sexual abuse), (ii) 18 U.S.C. §2242 (sexual abuse), (iii) Where the victim is 12 years of age or younger, 18 U.S.C. §2244 (abusive sexual contact); or (iv) 18 U.S.C. §2243 (sexual abuse of a minor or ward). (5) Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) that is similar to those offenses outlined in subsections 1721B(c)(1), (2), (3) or (4) above shall be considered a "Tier 3" offense. History: Added July 18, 2012, No. 7372, § 3, Sess. L. 2012, p. 125-131.

(a) A person who is convicted in this Territory or in any state, territory or Indian tribe of the United States, any foreign jurisdiction or in any court of competent jurisdiction of any of the covered offenses included in section 1721A or a similar offense to the covered offenses in 1721A who moves to or returns to this Territory from another jurisdiction for the purpose of establishing residency, employment, or becoming a student or who did not intend to but who eventually establishes residency, obtains employment or becomes a student within the jurisdiction of this Territory is required to register in this Territory. (b) A person who is required to register as a sex offender in any state, territory or Indian tribe of the United States, under federal law, under military law, under the law of any foreign jurisdiction or by order of any court of competent jurisdiction who moves to or returns to this Territory from another jurisdiction for the purpose of establishing residency, employment, or becoming a student or who did not intend to but who eventually establishes residency, obtains employment or becomes a student within the jurisdiction of this Territory is required to register in this Territory. (c) The duty to register as a sex offender under this chapter applies to persons convicted or adjudicated not guilty by reason of insanity, of any of the covered offenses listed in section 1721A of this Chapter or similar offenses, as determined by: (1) A court of the Virgin Islands; (2) A court of any other jurisdiction of the United States, including all 50 states, territories and Indian tribes; (3) A federal court of the United States; (4) A military court of the United States; or (5) A court of a foreign country in which a conviction was obtained in accordance with section 1721A(c) of this Chapter. (d) A person who fails to register as required under this section shall be guilty of a crime. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended Mar. 5, 2005, No. 6730, § 11, Sess. L. 2005, p. 73; July 18, 2012, No. 7372, § 4(1)-(4), Sess. L. 2012, p. 131-132.

(a) Upon conviction of or the acceptance of a plea to any of the offenses set forth in this Chapter, the sentencing court shall certify that the person is a sex offender and in which tier the person will be placed. The sentencing court shall consider a report from the Sex Offender Registry Board, if any, prior to or during such certification and classification. The classification of a sex offender will be based upon the guidelines set forth in this Chapter. The court may include the certification in the order of commitment, if any, and judgment of conviction. The court may also advise the sex offender of his or her duties under this Chapter. Failure to include the certification in the order of commitment or the judgment of conviction shall not relieve a sex offender of the obligations imposed by this Chapter. (b) A territorial board composed of experts in the field of the behavior and treatment of sexual offenders is hereby established. The board shall consist of five (5) members, including (1) a psychiatrist, psychologist or a M.S.W. social worker; (2) a child therapist; (3) an expert in sex offenders; (4) a victim's rights advocate, and (5) a law enforcement representative, all of whom shall be appointed by the Governor of the Virgin Islands for a term of four years. (c) The Governor shall designate one of the members of the territorial board as chairman. The chairman shall be the executive and administrative head of the board and shall have the authority and responsibility for directing assignments of the members of the board. Each member of the board, including the member designated as the chairman, shall serve until the member's term of office expires and a successor is designated in accordance with law, whichever first occurs. However, any member of the Board may be removed for cause. Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the remainder of the unexpired term of the member whom he is to succeed. As long as there are three sitting members, a vacancy shall not impair the right of the remaining members to exercise the powers of the board. The Attorney General or a designee shall notify and advise the Board of its opportunity to file a report when a conviction or the acceptance of a plea occurs for any of the offenses covered in this chapter. The Attorney General or a designee shall also notify the Board of the time frame within which a pre- sentence report must be submitted to the court. Upon the Board's determination that a report will be submitted, the report shall be submitted to the Office of Probation and Parole prior to sentencing for inclusion with the pre sentencing report. (d) The territorial board shall meet at least four (4) times per year and whenever the need arises. The board shall have the following powers and duties: (1) to provide reports to the sentencing court regarding convicted sex offenders; (2) to assist the Attorney General in promulgating guidelines for the registering, monitoring, and tracking of sex offenders; (3) to review and report to the Attorney General on the types of treatment available to a sex offender while he or she is incarcerated in the territory; (4) upon the request of a tier 1 sex offender for a reduction in the required registration period, to make recommendations to the Attorney General regarding such request which includes a determination on the risk of re-offense and the degree of dangerousness a sex offender poses to the community; (5) to make assessments and recommendations to the parole board, prior to release on parole, regarding the risk of re-offense and the degree of dangerousness a sex offender poses to the community; (6) Consider the following factors when making a determination on (3) and (4) above: (A) criminal history factors indicative of a high risk of re-offense and degree of dangerousness posed to the public, including: (i) whether the sex offender has a mental abnormality; (ii) whether the sex offender's conduct is characterized by repetitive and compulsive behavior; (iii) whether the sex offender was an adult who committed a sex offense on a child; (iv) the age of the sex offender at the time of the commission of the first sex offense; (v) whether the sex offender has been adjudicated to be a sexually dangerous person or is a person released from civil commitment; and (vi) whether the sex offender served the maximum term of incarceration; (B) other criminal history factors to be considered in determining risk and degree of dangerousness, including: (i) the relationship between the sex offender and the victim; (ii) whether the offense involved the use of a weapon, violence or infliction of bodily injury; and (iii) the number, date and nature of prior offenses. (C) physical conditions that minimize risk of re-offense including, but not limited to, debilitating illness; (D) whether the sex offender was a juvenile when he committed the offense, his response to treatment and subsequent criminal history; (E) whether psychological or psychiatric profiles indicate a risk of recidivism; (F) the sex offender's history of alcohol or substance abuse; (G) recent threats against persons or expressions of intent to commit additional offenses; (H) review of any victim impact statement; (I) review of any materials submitted by the sex offender, his attorney or others on behalf of such offender; (J) conditions of release that minimize risk of re-offense and degree of dangerousness posed to the public, including whether the sex offender will be under probation or parole supervision, whether such sex offender is receiving counseling, therapy or treatment and whether such sex offender will be residing in a home situation that provides guidance and supervision, including sex offender-specific treatment in a community-based residential program; (K) the sex offender's participation in sex offender treatment and counseling while incarcerated and his response to such treatment or counseling; and (L) recent behavior, including behavior while incarcerated or while supervised on probation or parole. (7) to assist the Attorney General in developing a plan to locate and verify the current addresses of sex offenders; (8) to assist the Attorney General with disseminating sex offender registry information and educating the community about sex offenders; (9) to gather up-to-date information and report to the Attorney General concerning any new requirements and trends regarding the registration, tracking and monitoring of sex offenders; and (10) to provide advice to the Attorney General regarding policies and procedures for the registration, tracking and monitoring of sex offenders. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended Aug. 17, 1999, No. 6285, § 3(a), Sess. L. 1999, p. 34; July 18, 2012, No. 7372, § 5(1)-(3), Sess. L. 2012, p. 132-135.

(a) A sex offender required to register in this territory of the United States Virgin Islands under this chapter shall appear in person, unless otherwise required, in accordance with the policies and procedures of the Department of Justice, to register with the Department of Justice on forms provided by the Attorney General of the United States Virgin Islands and shall do so in the following time frame: (1) A person required to register and who is under supervision in the community on probation, parole, furlough, work release, or a similar program shall register within three (3) business days of being placed under supervision. (2) A person convicted by the courts of this territory for a covered sex offense and incarcerated or confined in a correctional or juvenile facility or a psychiatric facility within or outside of this territory must register before being released from incarceration or detention. (3) A person convicted by the courts of this territory for a covered sex offense but is not incarcerated, under supervision or confined must register within three (3) business days of sentencing. (4) A person who is convicted in any state, territory or Indian tribe of the United States, any foreign jurisdiction or in any federal or military court of one of the covered offenses or an offense similar to one of the covered offenses who moves to or returns to the United States Virgin Islands from another jurisdiction for the purpose of establishing residency, employment, or becoming a student or who did not intend to but who eventually establishes residency, obtains employment or becomes a student within the jurisdiction of this territory shall register within three (3) business days of moving to or returning to the Territory. (b) All sex offenders required to register in this jurisdiction shall immediately notify the Department of Justice in writing to report the following changes within the prescribed time period and in accordance with the following: (1) Except as indicated in 1724(b)(4) below, all sex offenders required to register in this jurisdiction shall appear in person at the Department of Justice within three (3) business days after a change is made to update any changes to their name, residence (including termination of residency), temporary lodging information, vehicle information, internet identifiers, or telephone numbers. In the event of a change in temporary lodging, all sex offenders required to register in this jurisdiction shall within three (3) business days inform the Department of Justice, in person, of any changes to their temporary lodging information and both the sex offender and the Department of Justice shall notify within three (3) business days the jurisdiction in which the sex offender will be temporarily staying. (2) Any sex offender who is a student in any capacity including, but not limited to, an intern or apprentice within the jurisdiction of the territory of the United States Virgin Islands, regardless of location, that changes their school, or otherwise terminates their schooling, or resumes their schooling shall within three (3) business days appear in person at the Department of Justice to update that information. The Department of Justice shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated information being given, are notified within three (3) business days of the change. (3) Any sex offender who is employed in the territory of the United States Virgin Islands in any capacity, including, but not limited to the Government of the Virgin Islands or a private employer or is otherwise employed within the territory of the United States Virgin Islands, regardless of location, that changes their employment, or otherwise terminates their employment, shall appear within three (3) business days in person at the Department of Justice to update that information. The Department of Justice shall ensure that each jurisdiction in which the sex offender is required to register prior to the updated information being given, are notified within three (3) business days of the change. (4) All sex offenders required to register in this jurisdiction shall appear in person at the Department of Justice at least twenty one (21) calendar days prior to any intended travel outside of the United States and provide information about their intended travel as provided in section 1726; however, a sex offender who provides reasonable and reliable proof satisfactory to the Department of Justice, that he travels frequently outside the United States for work or other legitimate purposes, or a sex offender who travels outside the United States for emergency situations, shall notify the Department of Justice prior to departure, by telephone or in writing, of travel outside the United States for periods of 48 hours or less, and shall notify the Department of Justice in writing at least 24 hours before traveling outside of the United States for periods of more than 48 hours, and, in any such case, shall notify the Department of Justice in writing upon the sex offender's return to this jurisdiction; provided, however that the Attorney General may at his discretion reduce this twenty-one (21) day notice requirement if a sex offender requests such a reduction and provides information in support of the request. (c) Before moving from the United States Virgin Islands to another jurisdiction within the United States, a person required to register shall register his new address, temporary or permanent, with the Department of Justice before he leaves the territory. Upon arriving in the new state, territory or Indian tribe, a person required to register shall report said arrival to the Department of Justice and register with the agency responsible for registering sex offenders in the new state, territory or Indian tribe of residency within three (3) days of his arrival. The registration information of that person will be removed from the Virgin Islands registry when proof is provided showing that he is registered in the new state, territory or Indian tribe. If a person required to register moves to a foreign country, he must register his new address with the Department of Justice before he leaves the territory and register in the foreign country if there is a registration requirement in that country. (d) A sex offender who is required to register shall, at a minimum, appear in person at the Department of Justice for the purposes of verification and keeping their registration current in accordance with the following time frames: (1) For "Tier 1" offenders, once every year for 15 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense. (2) For a "Tier 2" offenders, once every 180 days for 25 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense. (3) For "Tier 3" offenders, once every 90 days for the rest of their lives. (4) For sex offenders classified in Tier 1, Tier 2 or Tier 3 who are homeless, once every week for the period of years prescribed above based upon his or her tier classification until he or she declares a permanent residence after which the frequency of registration shall be as prescribed above according to his or her tier classification. (e) A sex offender may have their period of registration reduced as follows: (1) A "Tier 1" sex offender may have his or her period of registration reduced to 10 years only after he or she has maintained a clean record for 10 consecutive years and the Sex Offender Registry Board has made a favorable determination regarding the risk of re-offense and the degree of dangerousness the sex offender poses to the community. (2) A "Tier 3" sex offender may have his or her period of registration reduced to 25 years only if he or she was adjudicated delinquent of an offense as a juvenile that required Tier 3 registration and he or she has maintained a clean record for 25 consecutive years and the Sex Offender Registry Board has made a favorable determination regarding the risk of re-offense and the degree of dangerousness the sex offender poses to the community. (f) For the purposes of this chapter, a sex offender has a clean record which would allow for the reduction of his or her period of registration if: (1) The sex offender has not been convicted of any offense, for which imprisonment for more than 1 year may be imposed; (2) The sex offender has not been convicted of any sex offense; (3) The sex offender has successfully completed, without revocation, any period of supervised release, probation, or parole; and (4) The sex offender has successfully completed an appropriate certified sex offender treatment program. (g) All in person appearances to register or to keep registration current must be in accordance with the following: (1) At each in person verification, the sex offender shall permit the Department of Justice to take a photograph of the offender. (2) At each in person verification, the sex offender shall review existing information maintained by the Department of Justice for accuracy. (3) If any new information or change in information is obtained at an in person verification, the Department of Justice shall immediately notify all other jurisdictions in which the sex offender is required to register of the information or change in information. (4) The sex offender shall provide any additional information required by the Attorney General. (5) If any new information or change in information is obtained at an in person verification, the Department of Justice shall immediately update the public website, if applicable, and update information in NCIC/NSOR. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended Aug. 17, 1999, No. 6285, § 3(b), Sess. L. 1999, p. 34; July 18, 2012, No. 7372, § 6(1)-(11), Sess. L. 2012, p. 136-140; amended Dec. 14, 2012, No. 7458, § 5(1)-(3), Sess. L. 2012, p. 412-413.

(a) Jurisdiction of Conviction. A sex offender must initially register with the Department of Justice if the sex offender was convicted by a court of the Territory of a covered sex offense regardless of the sex offender's actual or intended residency. (b) Jurisdiction of Incarceration. A sex offender must register with the Department of Justice if the sex offender is incarcerated in this Territory while completing any sentence for a covered sex offense, regardless of whether it is the same jurisdiction as the jurisdiction of conviction or residence. (c) Jurisdiction of Residence. A sex offender must register with the Department of Justice if the sex offender resides within the jurisdiction of the territory of the United States Virgin Islands. (d) Jurisdiction of Employment. A sex offender must register with the Department of Justice if he or she is employed by the Government of the Virgin Islands, in any capacity, by a private employer or is otherwise employed within the jurisdiction of the territory of the United States Virgin Islands. (e) Jurisdiction of School Attendance. A sex offender must register with the Department of Justice if the sex offender is a student in any capacity within the jurisdiction of this territory of the United States Virgin Islands. History: Added July 18, 2012, No. 7372, § 7, Sess. L. 2012, p. 140-141.

Notice of the obligation to register shall be provided as follows: (a) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the defendant of his obligation to register pursuant to this chapter. (b) The Bureau of Corrections, the Division of Probation, the Division of Parole, the Department of Human Services, and the Division of Behavioral Health shall (1) comply with procedures established by the Attorney General for notifying persons under their supervision of the obligation to register pursuant to this chapter, and (2) comply with procedures established by the Attorney General for notifying persons who are under supervision in the community on probation, parole, furlough, work release or similar program outside the facility, and persons who are released from the facility in which they are confined without supervision. (c) The Motor Vehicles Bureau shall provide written notice of the obligation to register pursuant to this chapter in connection with each application for a license to operate a motor vehicle. (d) The Virgin Islands Water and Power Authority shall provide written notice of the obligation to register pursuant to this chapter in connection with each new application for service. (e) The Virgin Islands Departments of Labor and Personnel shall provide written notice of the obligation to register pursuant to this chapter in connection with each application for employment. (f) The Attorney General shall cause notice of the obligation to register to be published at least annually in a manner reasonably calculated to reach the general public. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended July 18, 2012, No. 7372, § 8(1), (2), Sess. L. 2012, p. 141; amended Jan. 6, 2019, No. 8152, § 1(a)(3), Sess. L. 2018, p. 327.

(a) The Attorney General shall ensure that the registration forms for sex offenders registering in the United States Virgin Islands meets the requirements of this chapter. (b) A sex offender who is required to register with this territory pursuant to this chapter shall provide the following information to the Department of Justice in a form provided by the Department of Justice: (1) Information related to the sex offender's criminal history, which includes: (i) date of all arrests, (ii) date of all convictions, (iii) status of parole, probation, or supervised release, (iv) registration status, and (v) any outstanding arrest warrants. (2) Information related to the sex offender's date of birth, which includes: (i) actual date of birth, and (ii) any other date of birth used by the sex offender. (3) If the sex offender is not already included in the Combined DNA Index System (CODIS), the sex offender shall provide a sample of his or her DNA which shall be forwarded to an appropriate lab for analysis and the resulting DNA profile entered into CODIS. (4) An original of the following documents of which the Department of Justice hall make a copy: (i) all of the sex offender's valid driver's licenses issued by any jurisdiction, (ii) any and all government issued identification card issued by any jurisdiction, (iii) any passports used by the sex offender, and (iv) any and all immigration documents. (5) The following information related to the sex offender's employment at which the sex offender is considered an employee as defined in this chapter and includes all places where the sex offender is employed in any means including volunteer and unpaid positions: (i) the name of the sex offender's employer, (ii) the address of the sex offender's employer, and (iii) similar information related to any transient or day labor employment. (6) Finger and palm prints in a digitized format. (7) Information related to the sex offender's internet related activity, which includes: (i) Any and all email addresses used by the sex offender, (ii) any and all Instant Message addresses and identifiers, (iii) any and all other designations or monikers used for self-identification in internet communications or postings, and (iv) any and all designations used by the sex offender for the purpose of routing or self- identification in internet communications or postings including, but not limited to social network identifications, twitter accounts, video posting site identifications such a[s] YouTube etc. (8) Information related to the sex offender's name, which includes: (i) full primary given name, (ii) any and all nicknames, aliases, and pseudonyms regardless of the context in which it is used, and (iii) any and all ethnic or tribal names by which the sex offender is commonly known excluding any religious or sacred names not otherwise commonly known. (9) Information related to the sex offender's telephone numbers, which includes: (i) any and all land line telephone numbers, (ii) any and all cellular telephone numbers, and (iii) any and all Voice over IP (VOIP) telephone numbers. (10) A current digitized photograph of the sex offender which must be updated according to the following, unless the appearance of a sex offender has not changed significantly: (i) every 90 days for "Tier 3" sex offenders, (ii) every 180 days for "Tier 2" sex offenders, and (iii) every year for "Tier 1" sex offenders. (11) An accurate description of the sex offender which includes: (i) a physical description, (ii) a general description of the sex offender's physical appearance or characteristics, and (iii) any identifying marks, such as, but not limited to, scars, moles birthmarks or tattoos. (12) All licenses issued to the sex offender which authorizes the sex offender to engage in an occupation or carry out a trade or business. (13) Information related to the sex offender's residence, which includes: (i) the address of each residence at which the sex offender resides or will reside pursuant to the definition of "reside" or "resides" provided in this chapter, and (ii) any location or description that identifies where the sex offender habitually resides regardless of whether it pertains to permanent residence or location otherwise identifiable by a street or address. (14) Information related to a sex offender's school, which includes: (i) the address of each school where the sex offender is or will be a student, and (ii) [sic] the name of each school the sex offender is or will be a student as defined in this chapter. (15) A valid social security number for the sex offender and all social security numbers used by the sex offender in the past, valid or otherwise. (16) A sex offender who provides reasonable and reliable proof satisfactory to the Department of Justice, that he travels frequently outside the United States for work or other legitimate purposes, and a sex offender who travels outside the United States for emergency situations, shall notify the Department of Justice prior to departure, by telephone or in writing, of travel outside the United States for periods of 48 hours or less, and shall notify the Department of Justice in writing at least (24) hours before traveling outside of the United States for periods of more than (48) hours, and, in any such case, shall notify the Department of Justice in writing upon the sex offender's return to this jurisdiction; however, the Attorney General may, at his discretion, reduce the 21 day notice requirement, if a sex offender requests such a reduction and provides information in support of the request, satisfactory to the Department of Justice. The information must include: (i) identifying information of the temporary lodging locations, including addresses and names, or, in the case of a sex offender who provides reasonable and reliable proof satisfactory to the Department of Justice, that he travels for work or other legitimate purposes frequently, reliable information regarding general travel locations and areas of work in lieu of specific addresses, and contact telephone information at which the sex offender can be contacted without unreasonable delay at all times while traveling away from the Virgin Islands; and (ii) The dates the sex offender will be staying at each temporary lodging location, or in such general locations and areas of work; and (17) The text of each provision of law defining the criminal offense(s) for which the sex offender is registered. (18) Information related to all vehicles owned or operated by the sex offender for work or personal use including land vehicles, aircraft and watercraft, which includes: (i) license plate numbers; (ii) registration numbers or identifiers; (iii) [sic] general description of the vehicle to include color, make, model, and year; and (iv) any permanent or frequent location where any covered vehicle is kept. (19) Within the 21 days prior to traveling outside of the United States, a sex offender shall notify the Department of Justice in writing of the information listed in this paragraph, but a sex offender who provides reasonable and reliable proof satisfactory to the Department of Justice that he travels frequently outside the United States for work or other legitimate purposes, and a sex offender who travels outside the United States for emergency situations, shall provide notification to the Department of Justice under this section by telephone or in writing prior to departure for periods of 48 hours or less, and shall notify the Department of Justice in writing at least 24 hours before traveling outside of the United States for periods of more than 48 hours, and, in any such case, shall notify the Department of Justice in writing upon the sex offender's return to this jurisdiction; however, the Attorney General may, at his discretion, reduce the 21-day notice requirement if a sex offender requests such a reduction and provides information in support of the request. The sex offender engaged in travel subject to this section shall provide the following information: (i) Destination; (ii) Dates of travel; (iii) Places of arrival and departure; (iv) Itinerary details or, in the case of a sex offender, reasonable and reliable proof satisfactory to the Department of Justice that he travels outside the United States for work or other legitimate purposes frequently, or a sex offender who travels outside the United States for emergency situations, reliable information regarding general travel locations and areas of work in lieu of specific itinerary information; (v) Address or, in lieu of address, contact telephone information at which the sex offender can be contacted without unreasonable delay at all times while in the destination country; (vi) Purpose of travel; (vii) Such other information as may be required by the Attorney General; and (viii) In addition to any other information-sharing requirements of the chapter, any information regarding a sex offender's intended or actual travel outside of the United States must be immediately forwarded by the Department of Justice to the United States Marshals Service. (20) Any other information required by the Attorney General. (c) The Department of Justice shall establish policies and procedures to ensure the following: (1) That any sex offender confined, incarcerated or sentenced by the courts of this Territory of the United States Virgin Islands for a covered sex offense completes their initial registration with the Department of Justice; (2) That the sex offender reads, or has read to them, and signs an acknowledgement form stating that the duty to register has been explained to them by the Department of Justice and that the sex offender understands the registration requirement; (3) That the Department of Justice's personnel registering the sex offender signs and dates the acknowledgement form; (4) That the information contained in the acknowledgement form is immediately uploaded unto the Department of Justice's sexual registry, and (5) That the information is immediately forwarded to all other jurisdictions in which the sex offender is required to register due to the sex offender's residency, employment, or student status. (d) Whenever a sex offender registers or updates his or her information with the Department of Justice, the Attorney General shall: (1) Monitor and utilize the SORNA Exchange Portal for inter-jurisdictional change of residence, employment or student status; (2) Immediately update the information on NSOR; (3) Immediately enter the information about the sex offender on the National Criminal Information Center ("NCIC") website; (4) Immediately notify any agency, department, or program within the Territory that is responsible for criminal investigation, prosecution, child welfare or sex offender supervision functions, including, but not limited to, police, whether BIA, Territorial or FBI, Territorial prosecutors, and as appropriate, the Territorial and/or the Federal Office of Probation and Parole; (5) Immediately notify any and all other registration jurisdictions where the sex offender is registered or is required to register due to the sex offender's residency, school attendance, or employment; (6) Immediately notify any and all other registration jurisdictions where the sex offender intends to reside, work or attend school; (7) Immediately notify the U.S. Marshals Service when the sex offender provides information or there is information to believe that the sex offender intends to commence residence, school, or employment outside of the United States in a jurisdiction where the sex offender is either registered or is required to register; (8) Immediately notify National Child ProNational Child Protection Actncludes any agency responsible for conducting employment-related background checks under section 3 of the National Child Protection Act of 1993 (42 U.S.C.5119a 42 U.S.C.4234 U.S.C. §40102] ) when a sex offender registers or updates his or her registration; (9) Immediately enter or update the public Sex offender registry website; and (10) Ensure that the public sex offender registry has a function that enables the general public to request an email notice that will notify them when a sex offender commences residence, employment, or school attendance in the territory, within a specified zip code, or within a certain geographic radius. This email notice shall include the sex offender's identity so that the public can access the public registry for the new information. (e) The Attorney General shall verify the address of each person registered under this chapter within five (5) working days of that person's registration or re-registration. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended July 18, 2012, No. 7372, § 9(1)- (4), Sess. L. 2012, p. 141-142; amended Dec. 14, 2012, No. 7458, § 6(a), (b), Sess. L. 2012, p. 413-415.

(a) Records maintained pursuant to this chapter shall be open to any law enforcement agency for law enforcement purposes, and to government agencies conducting confidential background checks. (b) When the release of information regarding a specific sex offender who is required to register under this chapter is necessary for public protection, the Attorney General and law enforcement shall release to the public relevant and necessary information regarding the sex offender including, but not limited to, the provision of notification via email; except that the identity of any victim of the offense(s) for which the sex offender is required to register under this chapter shall not be released. (c) Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any persons who pose a danger under circumstances that are not enumerated in this chapter. (d) Whenever a person who is required to register under this chapter lives within a one-mile radius of a child-care facility, a public school, a private school or a parochial school in the Territory, the Attorney General shall notify the owner or operator of that child-care facility, private school, parochial school, or the Department of Education. (e) The Attorney General shall use and maintain a public sex offender registry website. The sex offender registry website shall: (1) include links to sex offender safety and education resources; (2) include instructions on how a person can seek correction of information that the individual contends is erroneous; (3) include a warning that the information contained on the website should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported addresses and that any such action could result in civil or criminal contempt penalties; (4) have the capability of conducting searches by (1) name; (2) city, town or district; and (3) zip code and/or geographic radius; (5) include all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website and shall participate in that website as provided by the Attorney General (NSOPW) of the United States; and (6) include the following information: (i) notice that an offender is in violation of their registration requirements or cannot be located if the sex offender has absconded, (ii) the tier in which the sex offender has been classified, (iii) all sex offenses for which the sex offender has been convicted, (iv) the sex offense(s) for which the offender is currently registered, (v) the address of the sex offender's employer(s), (vi) the name of the sex offender including all aliases, (vii) a current photograph of the sex offender, (viii) a physical description of the sex offender, (ix) the residential address and, if relevant, a description of a habitual residence of the sex offender, (x) all addresses of schools attended by the sex offender, and (xi) the sex offender's vehicle license plate number along with a description of the vehicle. (7) shall allow for a community notification system to send electronic notification via email to a website user who registers to receive notification when a sex offender registers an address near the address of the website user. (f) The public sex offender registry website shall not include the following information: (1) any arrest that did not result in conviction; (2) the sex offender's social security number; (3) any travel and immigration documents; (4) the identity of the victim; (5) internet identifiers (as defined in 42 U.S.C. §16911 [now see 34 U.S.C. §20911] ); or (6) the original identity of a sex offender who is under a witness protection program if the Attorney General honors the request of the United States Marshals Service or other agency responsible for witness protection to exclude such identity of the sex offender. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended Aug. 17, 1999, No. 6285, § 3(c), Sess. L. 1999, p. 34; July 18, 2012, No. 7372, § 10(1)-(4), Sess. L. 2012, p. 147-148.

Liability For Providing Or Failing to Provide Relevant Information (a) Nothing under this chapter shall be construed as a waiver of sovereign immunity for the United States Virgin Islands, its departments and agencies. (b) Notwithstanding any other provisions of law to the contrary, any person acting under good faith pursuant to the requirements of this Chapter shall be immune from any civil or criminal liability arising out of such actions. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended July 18, 2012, No. 7372, § 11(1), Sess. L. 2012, p. 149.

(a) All owners, employers and operators of child-care or child-residential treatment facilities shall apply for a Virgin Islands Sex Offender Background Check through the Department of Justice of all prospective employees and volunteers. The child-care facility owner, employer or operator must collect from the prospective employee or volunteer verification of his or her identity in the form of a government issued photo identification card and social security card and retain a copy of these documents for its files. (b) The Department of Licensing and Consumer Affairs shall require each individual applicant for a business license to operate a child-care or child-residential treatment facility to provide verification from the Department of Justice that a Virgin Islands Sex Offender Background Check was conducted of the applicant and that the applicant is not listed in the Virgin Islands Sex Offender Registry and is therefore not required to register pursuant to the requirements of this chapter. (c) A child-care or child-residential facility licensed in the United States Virgin Islands shall not hire or retain for employment or as a volunteer a person listed in the Virgin Islands Sex Offender Registry or in any sex offender registry who is required to register pursuant to this chapter. (d) The Department of Licensing and Consumer Affairs shall not issue a business license to: (1) an applicant for a license to operate a child care or child residential treatment facility who is listed in the Virgin Islands Sex Offender Registry or any sex offender registry and required to register pursuant to this chapter; or (2) an applicant for a license to operate a child care or child residential treatment facility whose employee or prospective employee is listed in the Virgin Islands Sex Offender Registry or any sex offender registry and is required to register pursuant to this chapter. (e) For purposes of this chapter, child-care facility means any program for children, including but not limited to day-care centers, schools, after-school programs, summer programs and camps. (f) The Department of Human Services shall not authorize as a "foster home" or "adoptive home" any home in which a person who is listed in the Virgin Islands Sex Offender Registry or in any sex offender registry and required to register pursuant to the requirements of this chapter resides. (g) The Department of Education and operators of all private and parochial schools in the Virgin Islands shall apply for a Virgin Islands Sex Offender Background Check through the Department of Justice of all prospective employees and volunteers who will be in direct contact with children. The prospective employee or volunteer must provide verification of his or her identity in the form of government issued photo identification and social security card. The Department of Education and operators of all private and parochial schools in the Virgin Islands shall not hire or retain for employment or as a volunteer a person listed in the Virgin Islands Sex Offender Registry or in any sex offender registry and is required to register pursuant to this chapter. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended July 18, 2012, No. 7372, § 12(1)-(6), Sess. L. 2012, p. 149-151.

(a) Any person required to register under this chapter who knowingly fails to so register and keep such registration current shall be fined not less than $3,000 or more than $5,000, or imprisoned for not less than three months or more than two years, or both. (b) Any person, business, agency, or department that fails to comply with section 1729 of this chapter shall be fined not more than $2,000 for a first conviction; not more than $5,000 for a second conviction for the same offense; and not more than $10,000 for a third conviction for the same offense. In addition, the subject child-care facility shall be closed for not less than seven (7) or more than twenty-one (21) working days after the second conviction, and not less than ninety (90) days after the third conviction. (c) Any person who discourages, hinders or obstructs in any way the registration of a sex offender in the territory shall be fined not less than $1,000 or more than $2,000, or imprisoned for not more than six months. A person is guilty of hindering or obstructing the registration of a sex offender if he or she: (1) knowingly comforts, harbors or assists or knowingly attempts to comfort, harbor or assist another person in harboring or attempting to harbor or otherwise aids or abets a sex offender in violation of this chapter; (2) knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or (3) provides information to a law enforcement agency regarding a sex offender which the person knows to be false. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95; amended July 18, 2012, No. 7372, § 13(1), Sess. L. 2012, p. 151.

(a) Upon October 31, 1997, the Department of Justice shall assume responsibility for registering persons and ensuring compliance with the registration requirements. (b) The Attorney General shall forward a copy of this act to the registering agency or chief law enforcement officer in each state immediately after its enactment. (c) This act shall become effective upon enactment. History: Added Oct. 31, 1997, No. 6182, § 1, Sess. L. 1997, p. 95.

(a) The following three categories of persons who were previously convicted and who were not previously required to register, shall be required to register and the Department of Justice shall establish policies and procedures to ensure that they are subject to the registration and updating requirements of this chapter: (1) Sex offenders who are presently incarcerated in the Territory or under the supervision of the Office of Probation and Parole of the Territory, whether for a covered sex offense or other crime, (2) Sex offenders already registered or subject to a pre-existing sex offender registration requirement under the Territory's laws, and (3) Sex offenders re-entering the Territory's justice system due to conviction for any crime. (b) The Department of Justice shall ensure recapture of the sex offenders mentioned in this Section within the following timeframe to be calculated from the date of passage of this chapter: (1) For Tier 1 sex offenders, 1 year (2) For Tier 2 sex offenders, 180 days, and (3) For Tier 3 sex offenders, 90 days (c) To ensure the recapture of these sex offenders within the above timeframe, the Virgin Islands Bureau of Corrections and the Office of Probation and Parole shall work with the Department of Justice. History: Added July 18, 2012, No. 7372, § 14, Sess. L. 2012, p. 151-152.

(a) In the event a sex offender fails to register with the territory of the United States Virgin Islands as required by this chapter, the Attorney General or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school attendance with the territory that the sex offender failed to appear for registration. (b) If the Attorney General or designee receives information that a sex offender has absconded, the Attorney General or designee shall make an effort to determine if the sex offender has actually absconded. (c) In the event no determination can be made that a sex offender has absconded, the Attorney General or designee shall ensure that the Virgin Islands Police Department and any other appropriate law enforcement agency are notified. (d) If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, these entities shall be informed that the sex offender has failed to appear and register. (e) If an absconded sex offender cannot be located, the Attorney General or designee shall take the following steps: (i) Update the registry to reflect that the sex offender has absconded or is otherwise not capable of being located; (ii) Notify the U.S. Marshals Service; (iii) Seek a warrant for the sex offender's arrest. The U.S. Marshals Service or Federal Bureau of Investigations ("FBI") may be contacted in an attempt to obtain a federal warrant for the sex offender's arrest; (iv) Update the NCIC/NSOR to reflect that the sex offender has absconded, or is otherwise not capable of being located; and (v) Enter the sex offender into the National Crime Information Center Wanted Person File. (f) In the event a sex offender who is required to register due to their residence, employment or school attendance status fails to do so or otherwise violates a registration requirement of this chapter, the Attorney General or designee shall take all appropriate follow-up measures including those outlined in this section. The Attorney General or designee shall first make an effort to determine if the sex offender is actually residing, employed or attending school within the jurisdiction of this territory of the United States Virgin Islands. History: Added July 18, 2012, No. 7372, § 15, Sess. L. 2012, p. 152-153.

(a) Whoever enters upon the land of another without the consent of the owner or of the person in charge thereof, shall be fined not more than $50 or imprisoned not more than 30 days, or both. (b) Whoever enters upon the land or premises of a domestic violence center without the consent of the owner, operator or person in charge of the domestic violence center, shall be sentenced to not less than one year, but not more than three years. History: Amended Aug. 20, 2010, No. 7180, § 5(c), Sess. L. 2010, p. 112.

Whoever willfully commits any trespass by- (1) cutting down, destroying or injuring any kind of wood or timber growing upon the lands of another or upon public lands; (2) carrying away any kind of wood or timber lying on such lands; (3) maliciously injuring or destroying any standing crop, fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this Code; (4) digging, taking or carrying away from any real estate, without the license of the owner or legal occupant thereof, any earth, soil or stone; (5) digging, taking or carrying away any earth, soil or stone from any land of the Government of the Virgin Islands, recognized or established as a street, road, alley, avenue or park, without the license of the proper authorities, or; (6) putting up, affixing, fastening, printing or painting upon any property belonging to the Government of the Virgin Islands, or dedicated to the public, or upon any property of any person, without license from the owner, any notice, advertisement or designation of, or any name for, any commodity, whether for sale or otherwise, or any picture, sign or device intended to call attention thereto- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever passes through an enclosure of another and leaves the same open, shall be fined not more than $50 or imprisoned not more than 30 days, or both.

Whoever willfully tears down a fence without the consent of the owner or the person in charge thereof, to make passage through an enclosure, shall be fined not more than $100 or imprisoned not more than 90 days, or both.

Whoever knowingly and willfully permits any donkey, horse, mule, sheep, cattle, hog or goat owned or controlled by him, to stray or enter upon the land of another, without the consent of the owner or person in charge of such land, shall be fined not more than $100 or imprisoned not more than 30 days, or both.

Whoever- (1) maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land, or a place where a subaqueous telegraph cable lies; (2) maliciously defaces or alters the marks upon any such monument; or (3) maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever- (1) uses force or violence in entering upon or detaining any lands or other property, public or private; or (2) enters another's domicile without the consent of the tenant- shall, except in the cases and in the manner prescribed by law, be fined not more than $200 or imprisoned not more than 1 year, or both.

Whoever- (1) having been removed from any lands by process of law; or (2) having removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer- unlawfully returns to settle, reside upon or take possession of such lands shall be fined not more than $200 or imprisoned not more than 1 year, or both.

(a) Whoever is present on the premises of any public or private school at any time, whether on the school grounds or in a school building, without lawful purpose or authority, shall be fined not less than $300 nor more than $1,000 and be imprisoned for a mandatory minimum term of six months. A sentence for conviction on any other count for the same incident of unauthorized presence, such as vandalism, theft or assault, shall be served consecutively rather than concurrently. Notwithstanding any other provision of law with respect to any person sixteen years of age or over who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. (b) In cases where a person under 16 years of age is found to have violated this section, the sentencing court may, in addition to such other disposition as it may order, require the violator to perform manual labor on the school premises involved, which labor may include grasscutting, painting, litter gathering, janitorial and other duties, for such period of time as the court deems appropriate. History: Added Apr. 2, 1982, No. 4699, § 2, Sess. L. 1982, p. 64.

(a) Any person who is present on the premises of any public or private school, whether on the school grounds or in a school building, without lawful purpose or authority, and who gains entry unto such school grounds or premises by wearing the official school uniform of that school, thus, impersonating a student, and who commits an offense covered under the criminal code of the Virgin Islands, shall be fined not less than $500 nor more than $2,500 and may be imprisoned for a term of up to six months. A sentence of conviction on any other count for the same incident of unauthorized presence while impersonating a student shall be served consecutively rather than concurrently. Notwithstanding any other provision of law, with respect to any person sixteen years or over who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. (b) Persons under 16 years of age who are found to be in violation of this section shall be referred for counseling, under the auspices of the Department of Human Services, if no other violation has occurred, and may be required to perform community service for a term of 6 months at the school in which the violation occurred or at some other location as determined by the court. If a conviction on any other violation, such as theft, vandalism or assault, is obtained, the court may, in its discretion, require commitment to the juvenile correctional facility in lieu of or in conjunction with, referral for counseling. History: Added June 18, 1996, No. 6108, § 1, Sess. L. 1996, p. 48.

Whoever intentionally defaces, obliterates, tears down or destroys- (1) any copy, transcript or extract from or of any law of the United States or the Virgin Islands; or (2) any proclamation, advertisement or notification- set up at any place in the Virgin Islands by authority of any laws of the United States or the Virgin Islands, or by order of any court, before the expiration of the time for which the same was to remain set up, shall be fined not more than $50 or imprisoned not more than 30 days, or both.

Whoever, being an officer having the custody of any record, map or book or any paper or proceeding of any court, filed or deposited in any public office or placed in his hands for any purpose- (1) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes or secretes the whole or any part of such record, map, book, paper or proceeding; or (2) permits any other person so to do- shall be fined not more than $2,000 or imprisoned not more than 10 years, or both, and shall be disqualified from holding any public office.

Public Officers Whoever, not being such an officer as is referred to in section 1782 of this title, commits any of the acts specified in that section, shall be fined not more than $1,000 or imprisoned not more than 5 years, or both.

Or Make Affidavits Whoever, being an agent or officer of any institution, corporation or company- (1) gives or returns a false or fraudulent list, schedule or statement required by law; or (2) willfully fails or refuses to take and subscribe to any of the oaths, affidavits or affirmations required by law- shall be fined not more than $200 or imprisoned not more than 1 year, or both.

Violation, Penalty; Liability, Civil Action, Damages (a) As used in this section: (1) "Disclose" means to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, or offer. (2) "First responder" means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident, crime, or any other emergency situation for the purpose of providing medical care or other assistance or any other employee of the Government of the Virgin Islands on the scene acting as a part of the investigative or emergency response efforts. (b) A first responder who is dispatched to or is otherwise present at the scene of a motor vehicle accident, crime, or any other emergency situation, for the purpose of providing medical care or other assistance, shall not photograph, film, videotape, record, or otherwise reproduce in any manner, or by any means, including, but not limited to, by use of a personal electronic device or a device belonging to their employing agency, the image of a person receiving medical care or other assistance, except in accordance with applicable rules, regulations, or operating procedures of the agency employing the first responder. (c) A first responder shall not disclose any photograph, film, videotape, record, or other reproduction of an image by any means, including, but not limited to, by use of a personal electronic device or a device belonging to their employing agency, of a person receiving medical care or other assistance at the scene of a motor vehicle accident, crime, or other emergency situation without the prior written consent of the person, or the person's next-of-kin if the person cannot provide consent, unless that disclosure was for a legitimate law enforcement, public safety, health care, or insurance purpose or pursuant to a court order. (d) A person who knowingly violates the provisions of subsection (c) of this section shall be guilty of a misdemeanor and subject to a fine of not less than $1,000 per violation. (e) In addition to any other right of action or recovery otherwise available under the laws of this territory, a first responder who knowingly violates the provisions of subsection (b) or (c) of this section shall be liable to the person whose image was taken or disclosed, who may bring a civil action in the Superior Court. The court may award: (1) actual damages; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorney's fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate. (f) (1) Law enforcement agencies and agencies that employ first responders shall: (A) Promulgate regulations consistent with this section, including, but not limited to, a policy on the use of personal and government issued cameras and recording devices used at emergency and crime scenes and a policy on the confidentiality of images of emergency and crime scenes and images related to a criminal investigation; (B) Provide law enforcement officers and other first responders with copies of the adopted policies; and (C) Cause a copy of this section to be posted at a location in the agencies that is readily accessible to all first responder and law enforcement officers. (2) The failure of any law enforcement agency or an agency that employs first responders to implement any of the requirements under subsection (a) is not a defense for a violation of this section. (g) The Virgin Islands Police Department, the Virgin Islands Fire and Emergency Medical Services and the Rescues shall include a course on the requirements of this section in the curriculum of their respective training academies. History: Added Jan. 20, 2024, No. 8796, § 1, Sess. L. 2023, p. 194-196.

A riot is- (1) any disturbance of the public peace by the use of force or violence to any other person or to property; or (2) any threat or attempt to commit such disturbance or to do any unlawful act by the use of force or violence, when accompanied by immediate power of execution- by three or more persons acting together and without lawful authority.

Whoever participates in any riot shall be fined not more than $100 or imprisoned not more than 1 year, or both.

(a) Whenever three or more persons- (1) assemble with intent to commit any unlawful act by force; (2) assemble with intent to carry out any purpose in such a manner as to disturb the public peace; or (3) being assembled, attempt or threaten any act tending toward a breach of the peace or an injury to person or property or any unlawful act- such an assembly is unlawful. (b) This section shall not be construed to prevent the peaceable assembling of persons for lawful purposes of protest or petition.

Whoever participates in any unlawful assembly shall be fined not more than $100 or imprisoned not more than 1 year, or both.

Whoever remains present at the place of an unlawful assembly or riot after the persons assembled have been lawfully warned to disperse and who is not a public officer or person assisting them in attempting to disperse the same, shall be fined not more than $100 or imprisoned not more than 1 year, or both.

Whoever, being present at the place of an unlawful assembly or riot and being commanded by a duly authorized public officer to act or aid in suppressing the riot, or in protecting persons or property, or in arresting a person guilty or charged with participating in the unlawful assembly or riot, neglects or refuses to obey such command, shall be fined not more than $100 or imprisoned not more than 90 days, or both.

Robbery is the unlawful taking of personal property in the possession of another, from his person or immediate presence and against his will, by means of force or fear.

A person is guilty of robbery in the first degree when, in the course of the commission of the crime or of immediate flight therefrom, he or another perpetrator of the crime: (1) Causes physical injury which is incapacitating in any way to any person who is not a perpetrator of the crime; or (2) Displays, uses or threatens the use of a dangerous weapon. Whoever is convicted under this section shall be imprisoned not more than 20 years and if the conviction is a second or subsequent conviction under this chapter, then not less than 7 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, no portion of the minimum period of imprisonment established by this section shall be suspended, and no person convicted under this section which conviction is a second or subsequent conviction under this chapter shall be placed on probation or be eligible for parole until he shall have been imprisoned for at least 7 years. History: Amended Apr. 28, 1977, No. 3972, § 6(a), Sess. L. 1977, p. 50; June 30, 2000, No. 6356, § 1(a), Sess. L. 2000, p. 106.

A person is guilty of robbery in the second degree when he forcibly steals property and when: (1) He is aided by another person actually present; or (2) In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime causes physical injury to any person who is not a participant in the crime. Whoever is convicted under this section shall be imprisoned not more than 15 years and if the conviction is a second or subsequent conviction under this chapter, then not less than 2 years. Notwithstanding the provisions of Title 5, chapters 313, 405 and 407, Virgin Islands Code, or any other provision of law, no portion of the minimum period of imprisonment established by this section shall be suspended, and no person convicted under this section which conviction is a second or subsequent conviction under this chapter shall be placed on probation or be eligible for parole until he shall have been imprisoned for at least 2 years. History: Added Apr. 28, 1977, No. 3972, § 6(b), Sess. L. 1977, p. 50.

Whoever commits robbery under circumstances not amounting to robbery in the first degree or robbery in the second degree is guilty of robbery in the third degree and shall be imprisoned not more than 10 years. History: Added Apr. 28, 1977, No. 3972, § 6(c), Sess. L. 1977, p. 51.

Whoever intentionally destroys, impairs, injures, interferes or tampers with real or personal property with reasonable grounds to believe that such act will hinder, delay or interfere with the preparation of the United States, or of any state, commonwealth, territory or island possession of the United States, for defense or for war, or for the prosecution of war by the United States, shall be fined not more than $2,000 or imprisoned not more than 10 years, or both.

Whoever intentionally makes or omits to note on inspection, any defect in any article or thing with reasonable grounds to believe- (1) that such article or thing is intended to be used in connection with the preparation of the United States, or of any state, commonwealth, territory or island possession of the United States, for defense or for war, or for the prosecution of war by the United States; or (2) that such article or thing is one of a number of similar articles or things, some of which are intended so to be used- shall be fined not more than $2,000 or imprisoned not more than 10 years, or both.

(a) In addition to the acts which constitute an attempt to commit a crime under the laws of the Virgin Islands- (1) the solicitation or incitement of another to commit any of the crimes defined in this chapter not followed by the commission of the crime; (2) the collection or assemblage of any materials with the intent that the same are to be used then or at a later time in the commission of such crime; or (3) the entry, with or without permission, of a building, enclosure of other premises of another with the intent to commit any such crime therein or thereon- shall constitute an attempt to commit such crime. (b) Whoever attempts to commit any of the crimes defined by this chapter shall be punished not more than one-half the maximum penalty prescribed for the completed crime.

(a) If two or more persons conspire to commit any crime defined by this chapter, each of such persons is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspiracy. (b) It shall not constitute any defense or ground of suspension of judgment, sentence or punishment on behalf of any person prosecuted under this section, that any of his fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice or has been pardoned or otherwise discharged before or after conviction.

No person shall be excused from attending and testifying, or producing any books, papers, or other documents before any court, magistrate judge, or the United States attorney upon any investigation, proceeding or trial, for or relating to or concerned with a violation of any section of this chapter or attempt to commit such violation, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or to subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him, upon any criminal investigation, proceeding or trial, except upon a prosecution for perjury or contempt of court based upon the giving or producing of such testimony. History: Amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

Any peace officer or any person employed as watchman, guard, or in a supervisory capacity on premises connected with or used for national defense activities and posted with a sign reading "No Entry Without Permission" may stop any person found on any premises to which entry without permission is forbidden, and may detain him for the purpose of demanding, and may demand, of him his name, address and business in such place. If said peace officer or employee has reason to believe from the answers of the person so interrogated that such person has no right to be in such place, said peace officer may arrest such person without a warrant on the charge of unlawful entry; and said employee shall forth-with turn such person over to a peace officer who may arrest him without a warrant on the charge of unlawful entry.

Nothing in this chapter shall be construed to impair, curtail or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, to strike, to picket, or to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.

If conduct prohibited by this chapter is also made unlawful by another or other laws, the offender may be convicted for violation of this chapter or of such other law.

Whoever- (1) detains any child from attending school at the prescribed times and places, without authority of lawful regulation; or (2) performs or omits any act whereby any child under his control, directly or indirectly, is hindered from regular attendance at school- shall be fined not more than $20 for each day's absence. History: Amended Oct. 8, 1992, No. 5816, § 301(d)(1), Sess. L. 1992, p. 149.

Whoever, being a parent or guardian, fails to register such children as are required to be registered for school attendance, shall be fined not more than $100.00. History: Amended Oct. 8, 1992, No. 5816, § 301(d)(2), Sess. L. 1992, p. 149.

Whoever, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, shall be fined not more than $2,000 or imprisoned not more than 3 years, or both.

The intermarriage of the parties prior to the trial is a bar to a prosecution for a violation of section 1981 of this title.

No conviction can be had for an offense specified in section 1981 of this title upon the testimony of the female seduced, unsupported by other evidence.

(a) Whoever mutilates, disinters or removes from the place of sepulture the dead body of a human being, without authority of law, shall be imprisoned not more than 5 years. (b) The provisions of this section shall not apply to any person who removes the dead body of a relative or friend for reinterment.

Whoever, without permission of competent authority, buries or inters the dead body of any human being or any human remains in any place other than a cemetery or place of burial, shall be fined not more than $500 or imprisoned not more than 1 year, or both.

History: Repealed. Oct. 18, 1984, No. 5013, § 11, Sess. L. 1984, p. 354.

Whoever shall carnally copulate with a beast shall be imprisoned not more than 5 years.

Any sexual penetration, however slight, is sufficient to complete the crime specified in sections 2061 and 2062 of this title.

As used in this chapter: (a) "Stalking" means purposely and repeatedly following another person and engaging in a course of conduct or making a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily harm or injury and causing emotional distress. (b) "Credible threat" means an explicit or implicit threat made with the intent and the apparent ability to carry out the threat, so as to cause the targeted person to reasonably fear for personal safety or the safety of a family member. (c) "Course of conduct" means an act that happens more than once, however brief, within a year, directed at a specific person, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress; which includes but is not limited to the stalker's directly or indirectly, by any action, method or device, following, monitoring, observing, pursuing, threatening or communicating to or about a person or interfering with a person's property. (d) "Harassment" means engaging in a knowing and intentional course of conduct directed at a specific person which alarms annoys torments or terrorizes the person and would cause a reasonable person to suffer emotional distress. (e) "cyberstalk" means to communicate, or to cause to be communicated, words, images, or language through the use of electronic mail or electronic communication directed to a specific person which serves no legitimate purpose, but causes that person substantial emotional distress. History: Added Aug. 18, 2015, No. 7744, § 2, Sess. L. 2015, p. 39; amended Mar. 23, 2016, No. 7844, § 11, Sess. L. 2016, p. 12.

(a) A person is guilty of the crime of stalking who purposely and repeatedly follows another person and engages in a course of conduct or makes a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily harm or injury. Any person convicted of the crime of stalking shall be imprisoned for a period not to exceed 18 months, or may be fined up to $7,500, or both. (b) A person who commits a second or subsequent offense of stalking shall be imprisoned for a period not to exceed 5 years, or may be fined up to $15,000, or both and shall be required to obtain psychological or emotional assistance as determined by the court. Provided, however, a person who is convicted of a third or subsequent offense, shall be imprisoned for not less than one month and not more than 5 years, or may be fined up to $15,000, or both. (c) A person is guilty of the crime of aggravated stalking who commits the crime of stalking in violation of an existing court order prohibiting the behavior and shall be imprisoned for a period not to exceed 5 years, or may be fined up to $15,000, or both. (d) A person is guilty of the crime of aggravated stalking who commits the crime of stalking which involves a crime of violence as defined in Title 23, section 451, subsection (e) of this code and shall be imprisoned for a period not to exceed 5 years, or may be fined up to $15,000, or both. (e) The provisions of this section shall not apply to conduct which occurs during organized group picketing. History: Added May 2, 1994, No. 5972, § 1, Sess. L. 1994, p. 54.

Any person who buys, receives or possesses any property which has been obtained in any unlawful manner, knowing or having cause to believe the property to have been so unlawfully obtained, or who conceals, sells, withholds or aids in concealing, selling, or withholding any such property from the owner, knowing or having cause to believe the property to be so stolen or illegally obtained shall- (a) if the property received, bought or possessed shall be of the value of $500 or upward, be imprisoned for not more than 10 years or be fined not more than $7,000, or both; or (b) if the property received, bought, or possessed shall be of a value of less than $500, be fined not more than $2,000 or imprisoned not more than one year, or both. History: Amended Jan. 11, 1974, No. 3514, Sess. L. 1973, p. 308; Apr. 28, 1977, No. 3972, § 7(a), Sess. L. 1977, p. 51; Sept. 23, 2003, No. 6611, § 7, Sess. L. 2003, p. 85; amended Jan. 20, 2017, No. 7972, § 16, Sess. L. 2016, p. 402.

(a) Every police and peace officer may stop, search and detain- (1) any vessel, boat, automobile, motor truck, cart, carriage or other vehicle, in or upon which there shall be reason to suspect that anything stolen or unlawfully obtained may be found; or (2) any person who may be reasonably suspected of having or conveying in any manner anything unlawfully obtained. (b) If any person is brought before a court and charged with having in his possession or conveying in any manner anything which may be reasonably suspected of being stolen or unlawfully obtained and cannot give an account to the satisfaction of the court how he came by the same, an inference may be drawn that the person in possession of such property knew the property had been stolen. History: Amended Apr. 28, 1977, No. 3972, § 7(b), Sess. L. 1977, p. 51.

Any person who has been injured by a violation of this chapter may bring a civil action in which he shall be entitled to recover three times the amount of actual damages, if any, sustained by him, plus costs of suit and reasonable attorney's fees. History: Added Apr. 28, 1977, No. 3972, § 7(c), Sess. L. 1977, p. 51.

Whoever deliberately aids, advises or encourages another to commit suicide, shall be imprisoned not more than 5 years.

Whoever, willfully and deliberately or negligently communicates through any medium the presence of a bomb where there is no such device found, and which the person knows, intends or reasonably believes is likely to cause public alarm or disruption has committed the act of creating a bomb hoax. History: Added Feb. 21, 2002, No. 6500, § 1, Sess. L. 2002, p. 206.

Whoever places a false bomb, chemical, biological, or radioactive substance or causes to be placed, any device or object that by its design, construction, content or characteristics appears to be or to contain, a bomb, chemical, biological or radioactive substance, but it is, in fact an inoperative facsimile or imitation of such a device or substance or bomb and which the person knows, intends or reasonably believes will appear to be a bomb or such substance under circumstances in which it is likely to cause public alarm or disruption has committed the act of placing a false bomb, chemical, biological or radioactive substance. History: Added Feb. 21, 2002, No. 6500, § 1, Sess. L. 2002, p. 206.

(a) Any person who is 18 years or over found guilty of creating a bomb hoax or terrorist threat or threat by false chemical, biological, or radioactive substance, or falsely reporting an incident in the second or third degree shall be fined $5,000 and be imprisoned for not less than 5 years. (b) Any person under the age of 18 years found guilty of creating a bomb hoax or terrorist threat or threat by false chemical, biological or radioactive substance or falsely reporting on incident in the second or third degree shall be treated as a juvenile offender pursuant to title 5, chapter 201 Virgin Islands Code. (c) Any person found guilty of placing a false bomb or substance or falsely reporting an incident in the first degree shall be fined $10,000 and be imprisoned for not less than 10 years. (d) Any person found guilty of any crime in this chapter will forfeit all driving privileges for a period of three years. History: Added Feb. 21, 2002, No. 6500, § 1, Sess. L. 2002, p. 207.

A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed or circulated to be false or baseless, he: (a) initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a crime, catastrophe or emergency under circumstances in which it is not unlikely that public alarm or inconvenience will result; or (b) reports, by word or action, to an official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a catastrophe or emergency which did not in fact occur or does not, in fact, exist; or (c) gratuitously reports to a law enforcement officer or agency (1) the alleged occurrence of an offense or incident which did not in fact occur; or (2) an allegedly impending occurrence of an offense or incident which in fact is not about to occur; or (3) false information relating to an actual offense or incident or to the alleged implication of some person therein. History: Added Feb. 21, 2002, No. 6500, § 1, Sess. L. 2002, p. 207.

A person is guilty of falsely reporting an incident in the second degree when, knowing the information reported, conveyed or circulated to be false or baseless, he: (a) initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, or the release of a hazardous substance under circumstances in which it is not unlikely that public alarm or inconvenience will result; (b) reports, by word or action, to any official or quasi-official agency or organization having the function of dealing with emergencies involving danger to life or property, an alleged occurrence or impending occurrence of a fire, explosion, or the release of a hazardous substance which did not, in fact, occur or does not, in fact, exist; or (c) reports, by word or action, to the Department of Human Services or Department of Health, an alleged occurrence or condition of child abuse or maltreatment which did not, in fact, occur or exist. History: Added Feb. 21, 2002, No. 6500, § 1, Sess. L. 2002, p. 208.

(a) A person is guilty of falsely reporting an incident in the first degree when he: (1) commits the crime of falsely reporting an incident in the second degree as defined in section 2146, and has previously been convicted of that crime; or (2) commits the crime of falsely reporting an incident in the third degree as defined in subsections (a) and (b) of section 2145 or falsely reporting an incident in the second degree, as defined in subsections (a) and (b) of section 2146 and another person who is an employee or member of any official or quasi- official agency having the function of dealing with emergencies involving danger to life or property, or who is a volunteer firefighter with a fire department, fire company, or any unit thereof as defined in the volunteer firefighters' benefit law, or who is a volunteer ambulance worker with a volunteer ambulance corporation or any unit thereof as defined in the volunteer ambulance workers' benefit law, suffers serious physical injury or is killed in the performance of his or her official duties in traveling to or working at or returning to a firehouse, police station, quarters or other base facility from the location identified in such report; or (3) commits the crime of falsely reporting an incident in the third degree as defined in subsections (a) and (b) of section 2145 or falsely reporting an incident in the second degree as defined in subsections (a) and (b) of section 2146 of this chapter and another person suffers serious physical injury or is killed as a result of any vehicular or other accident involving any emergency vehicle that is responding to, operating at, or returning from the location identified in such report; or (4) knowing the information reported, conveyed or circulated to be false or baseless and under circumstances in which it is likely public alarm or inconvenience will result, he or she initiates or circulates a report or warning of an alleged occurrence or an impending occurrence of a fire, an explosion, or the release of a hazardous substance upon school grounds and it is likely that persons are present on said grounds; (b) an emergency vehicle as referred to in paragraph (3) of subsection (a) shall include any vehicle operated by any employee or member of any official or quasiofficial agency having the function of dealing with emergencies involving danger to life or property and shall include, but not necessarily be limited to, an emergency vehicle which is operated by a volunteer firefighter with a fire department, fire company, or any unit thereof as defined in the volunteer firefighters' benefit law; or by a volunteer ambulance worker with a volunteer ambulance corporation, or any unit thereof as defined in the volunteer ambulance workers' benefit law. History: Added Feb. 21, 2002, No. 6500, § 1, Sess. L. 2002, p. 208.

The Government of the Virgin Islands may seek restitution of costs associated with responding to a bomb hoax, the placing of a false bomb, or the false reporting an incident by: (a) filing the proper application with the court for a sum not to exceed $10,000; (b) filing a civil action against the parent of a minor child found guilty of the offense(s) for a sum not to exceed $5,000, except that the parent may make a hardship application to the court for sums over $500. History: Added Feb. 21, 2002, No. 6500, § 1, Sess. L. 2002, p. 209.

As used in this chapter- "Trade-mark" means a mark used to indicate the maker, owner or seller of an article of merchandise and includes, among other things, any name of a person or corporation, or any letter, word, device, emblem, figure, seal, stamp, diagram, brand, wrapper, ticket, stopper, label or other mark, lawfully adopted by him and usually affixed to an article of merchandise to denote that the same was imported, manufactured, produced, sold, compounded, bottled, packed or otherwise prepared by him, and also any signature or mark, used or commonly placed by a painter, sculptor or other artist upon a painting, drawing, engraving, statue or other work of art, to indicate that the same was designed or executed by him; "Article of merchandise" means any goods, wares, work of art, commodity, compound, mixture or other preparation or thing, which may be lawfully kept or offered for sale; "Imitation of a trade-mark" means that which so far resembles a genuine trade-mark as to be likely to induce the belief that it is genuine, whether by the use of words or letters, similar in appearance or in sound, or by any sign, device or other means whatsoever; and "Affixed" means placed in any manner in or upon- (1) the article itself; or (2) a box, bale, barrel, bottle, case, cask, platter or other vessel or package, or a cover, wrapper, stopper, brand, label or other thing in, by or with which the goods are packed, inclosed or otherwise prepared for sale or disposition.

Whoever- (1) falsely makes or counterfeits a trade-mark; (2) affixes to any article of merchandise- (A) a false or counterfeit trade-mark, knowing the same to be false or counterfeit; or (B) the genuine trade-mark or an imitation of the trade-mark of another, without the latter's consent; (3) knowingly sells, or keeps or offers for sale, an article of merchandise to which is affixed a false or counterfeit trade-mark or the genuine trade-mark or an imitation of the trade-mark of another, without the latter's consent; (4) has in his possession a counterfeit trade-mark, knowing it to be counterfeit, or a die, plate, brand or other thing for the purpose of falsely making or counterfeiting a trade-mark; (5) makes or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, an article of merchandise with such a trade-mark or label as to appear to indicate the quantity, quality, character, place of manufacture or production, or persons manufacturing, packing, bottling, boxing or producing the article, but not indicating it truly; (6) knowingly sells, offers or exposes for sale, any goods which are represented in any manner, by word or deed, to be the manufacture, packing, bottling, boxing or product of any person other than himself, unless such goods are contained in the original packages, box or bottle and under the labels, marks or names placed thereon by the manufacturer who is entitled to use such marks, names, brands, or trade-marks; (7) sells, or exposes for sale any goods in bulk, to which no label or trade-mark is attached, and by representation, name or mark written or printed thereon, represents that such goods are the production or manufacture of a person who is not the manufacturer; or (8) knowingly sells, offers or exposes for sale any article of merchandise and orally or by representation, name or mark written or printed thereon, attached thereto or used in connection therewith or by advertisement, or by any other manner whatsoever- (A) makes any false representation as to the person by whom such article of merchandise or the material thereof was made, or was in whole or in part produced, manufactured, finished, processed, treated, marketed, packed, bottled or boxed; or (B) falsely represents that such article of merchandise or the material or any part thereof has or may properly have any trade-mark attached to it or used in connection with it, or is, or is or may properly be indicated or identified by any trade-mark- shall be fined not more than $5,000 or imprisoned not more than 3 years, or both.

Whoever willfully marks or brands, or alters or defaces the brand of any animal belonging to another, shall be imprisoned not more than 5 years.

This subchapter may be cited as "The Identity Theft Prevention Act." History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, p. 336.

In this subchapter unless the context otherwise requires: (a) "Personal identification document" means a birth certificate, a drivers license, a state identification card, a public, government, or private employment identification card, a Social Security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the Government of the Virgin Islands, or any other state political subdivision of any state or territory, or any other governmental or quasi- governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority. (b) "Personal identifying information" means any of the following information: (1) A person's name; (2) A person's address; (3) A person's date of birth; (4) A person's telephone number; (5) A person's drivers license number or identification card as assigned by the Virgin Islands Police Department or a similar agency of another state or territory; (6) A person's Social Security number; (7) A person's public, private, or government employer, place of employment, or employment identification number; (8) The maiden name of a person's mother (9) The number assigned to a person's depository account, savings account, or brokerage account; (10) The number assigned to a person's credit or debit card, commonly known as a "Visa Card", "Master Card", "American Express Card", "Discover Card", or other similar cards, whether issued by a financial institution, corporation, or business entity; (11) Personal identification numbers; (12) Electronic identification numbers; (13) Digital signals; (14) Any other numbers or information that can be used to access a person's financial resources, or to identify a specific individual. (c) "Document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, computer hardware, computer software, instrument, or device that is used to make a real or fictitious or fraudulent personal identification document. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, pp. 336, 337.

(a) A person commits the offense of identity theft when he or she knowingly: (1) uses any personal identifying information or personal identification document of another person to obtain credit, money, goods, services, or other property fraudulently, or (2) uses any personal identification information or personal identification document of another with intent to commit any felony theft or other felony violation of the laws of the Virgin Islands not set forth in paragraph (1) of this subsectiparagraph (1)r (3) obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another with intent to commit or to aid or abet another in committing any felony theft or other felony violation of the laws of the Virgin Islands, or (4) uses, obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority, or (5) uses, transfers, or possesses document-making implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony theft or other felony violation of law. (b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document. (c) When a charge of identity theft of credit, money, goods, services, or other property exceeding a specified value is brought, the value of the credit, money, goods, services, or other property is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value. (d) Sentence. (1) A person convicted of identity theft in violation of paragraph (1) of subsection (a) shall be sentenced as follows: (A) identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a misdemeanor. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years. When a person has any such prior conviction, the information or indictment charging that person shall state the prior conviction so as to give notice of the Government's intention to treat the charge as a felony. The fact of the prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during the trial. (B) Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value is a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years. (C) Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value is a felony and is punishable by a term of imprisonment of not less than 2 years and not more than 5 years. (D) Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value is a felony and is punishable by a term of imprisonment of not less than 3 years and not more than 7 years. (E) Identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a felony and is punishable by a term of imprisonment of not less than 4 years and not exceeding 15 years. (2) A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) is guilty of a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years. (3) A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a felony that is punishable by a term of imprisonment of not less than 2 years and not exceeding 5 years. (4) A person who, within a 12 twelve month period, is found in violation of any offense enumerated in paragraphs (2) through (5) of subsection (a) with respect to the identifiers of 3 or more separate individuals, at the same time or consecutively, is guilty of a felony that is punishable by a term of imprisonment of not less than 2 years and not exceeding 5 years. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, pp. 337-340.

A person commits the offense of aggravated identity theft when the person commits the offense of identity theft as; set forth in section 2202, subsection (a) against: (1) A person who is 60 years of age or older; (2) A dependent adult, as defined in 34 V.I.C. § 452; or (3) A person who is less than 18 years of age. (b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document. (c) A defense to aggravated identity theft: (1) as set forth in subsection (a)(l) of this section does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age; or (2) as set forth in subsection (a)(2) of this section does not exist merely because the accused reasonably believed that the victim was not a dependent adult; or (3) as set forth in subsection (a)(3) does not exist merely because the accused reasonably believed the victim to be a person over the age of 18. (d) Sentence. Aggravated identity theft of any amount is a felony punishable by a fine up to $10,000 and by a term of imprisonment of up to 15 years for the first conviction: A person who has been previously convicted of aggravated identity theft, who is convicted of a second or subsequent offense of aggravated identity theft, shall be punished by a term of imprisonment of not less than 6 years but not more than 30 years. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, pp. 340, 341; amended Mar. 23, 2016, No. 7840, §§ 1(a)-(c)(1)-(4), Sess. L. 2016, p. 6, 7.

A person who is convicted of identity theft or aggravated identity theft is liable in a civil action to the person who suffered damages as a result of the violation. The person suffering damages may recover court costs, attorney's fees, lost wages, and actual damages. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, p. 341.

It is no defense to a charge of identity theft or aggravated identity theft that the offender has an interest in the credit, money, goods, services, or other property. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, p. 341.

Reports; Judicial Factual Determination (a) A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another may initiate a law enforcement investigation by contacting the Virgin Islands Police Department, which shall take a police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts or, if the suspected crime was committed in a different jurisdiction, refer the matter to the law enforcement agency where the suspected crime was committed for an investigation of the facts. (b) A person who reasonably believes that he or she is the victim of financial identity theft may petition a court, on its own motion or upon application of the prosecuting attorney, may move for an expedited judicial determination of his or her factual innocence, where the perpetrator of the financial identity theft was arrested for, cited for, or convicted of a crime under the victim's identity, or where a criminal complaint has been filed against the perpetrator in the victim's name, or where the victim's identity has been mistakenly associated with a criminal conviction. Any judicial determination of factual innocence made pursuant to this subsection (b) may be heard and determined upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be part of the record by the court. If the court determines that the petition or motion is meritorious and that there is no reasonable cause to believe that the victim committed the offense for which the perpetrator of the identity theft was arrested, cited, convicted, or subject to a criminal complaint in the victim's name, or that the victim's identity has been mistakenly associated with a record of criminal conviction, the court shall find the victim factually innocent of that offense. If the victim is found factually innocent, the court shall issue an order certifying this determination. (c) After a court has issued a determination of factual innocence under this section, the court may order the name and associated personal identifying information contained in the court records, files, and indexes accessible by the public sealed, deleted, or labeled to show that the data is impersonated and does not reflect the defendant's identity. (d) A court that has issued a determination of factual innocence under this section may at any time vacate that determination if the petition, or any information submitted in support of the petition, is found to contain any material misrepresentation or fraud. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, pp. 341, 342.

This chapter shall not be construed to preclude the applicability of any other provision of the criminal law of the Virgin Islands which presently applies or may in the future apply to any transaction that violates this chapter, unless such provision is inconsistent with the terms of this chapter. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, p. 342.

(a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of the Virgin Islands whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed, if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it will not compromise the investigation. (d) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (e) For purposes of this section, "personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (1) Social Security number. (2) Driver's license number. (3) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (f) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or territorial government records. (g) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed $100,000, or that the affected class of subject persons to be notified exceeds 50,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) E-mail notice when the agency has an e-mail address for the subject persons. (B) Conspicuous posting of the notice on the agency's Web site page, if the agency maintains one. (C) Notification to major territory-wide media. (h) Notwithstanding subsection (g), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, pp. 342-344.

(a) Any person or business that conducts business in the Virgin Islands, and that owns or licenses computerized data that includes personal information, shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of the Virgin Islands whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (e) For purposes of this section, "personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (1) Social Security number. (2) Driver's license number. (3) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (f) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (g) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed $100,000 or that the affected class of subject persons to be notified exceeds 50,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) E-mail notice when the person or business has an e-mail address for the subject persons. (B) Conspicuous posting of the notice on the Web site page of the person or business, if the person or business maintains one. (C) Notification to major territory-wide media. (h) Notwithstanding subsection (g), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this subchapter is deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, pp. 344-346.

Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, p. 346.

(a) Any customer injured by a violation of this title may commence a civil action to recover damages. (b) Any business that violates, proposes to violate, or has violated this title may be enjoined. (c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, p. 346.

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. History: Added Oct. 17, 2005, No. 6789, § 2, Sess. L. 2005, p. 346.

(a) Whoever- (1) being able by lawful means, to support himself or his spouse or his or her children, willfully refuses or neglects to do so; or (2) being a common prostitute, wanders in the public streets or highways, or in any place of public resort and behaves in a riotous and indecent manner; or (3) being in any street, highway or public place, accosts a stranger and offers to take him to the house or residence of a prostitute; or (4) being a common prostitute or nightwalker, loiters in any street or highway and importunes passengers for the purpose of prostitution; or (5) being in any street, highway or public place, accosts a stranger or follows him about, without lawful authority or excuse; or (6) pretends or professes to tell fortunes by palmistry, "obeah" or any such like superstitious means, or uses or pretends to use any subtle craft or device, in order to deceive and impose upon other persons; or (7) lives in or loiters about houses of ill fame; or (8) annoys or molests any child under the age of 18 years; or (9) willfully exposes to view in any street, road, highway or public place, or in the window or other part of any shop or other building situated in any street, road, highway or public place, any obscene print, picture or other indecent exhibition; or (10) willfully, openly and obscenely exposes his person in any public street, road, highway or place of public resort, or in view thereof; or (11) wanders abroad and endeavors by the exposure of wounds and deformities to obtain or gather alms; or (12) endeavors to procure charitable contributions under any false or fraudulent pretenses; or (13) has in his custody any picklock, key, crow, jack, bit or other implement with intent to break into any dwelling house, warehouse, store, shop, coachhouse, stable, garage or outbuildings; or (14) is unlawfully armed with any gun, pistol, hanger, cutlass, bludgeon or other offensive weapon; or (15) loiters or remains in or about a school, college or university building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same; or (16) loiters or remains in or about any public building or facility, including a local or federal government building, a warehouse, place of business or worship, transportation facility, hotel or guesthouse, without apparent legitimate purpose or business therein and, in so doing, obstructs or interferes with the legitimate business of another person, or intentionally annoys or harasses such other person; or (17) has upon him any instrument with intent to commit any felonious act- shall be deemed a vagrant and shall be fined not more than $5,000 or imprisoned not more than 90 days, or both. (b) Whoever loiters or knowingly remains in or about any public accommodation, or facility, including a local or federal government building, a warehouse, place of business or worship, transportation facility, hotel or guesthouse, or street or highway where a controlled substance or drug paraphernalia is unlawfully present, being used or sold without legitimate purpose, after being warned by a law enforcement officer to immediately vacate the area, shall be subject to a fine of not more than $ 1,500 or imprisoned for not more than 1 year, or both. History: Amended July 18, 1968, No. 2296, § 2, Sess. L. 1968, Pt. II, p. 247; Feb. 15, 1973, No. 3383, §§ 1, 2, Sess. L. 1973, p. 11; Oct. 8, 1992, No. 5816, § 301(e), Sess. L. 1992, p. 149; Feb. 15, 1994, No. 5957, § 4, Sess. L. 1994, p. 15.

(a) Whoever- (1) has, possesses, bears, transports, carries or has under his proximate control any instrument or weapon of the kind commonly known as a blackjack, billy, sandclub, metal knuckles, bludgeon, switchblade knife or gravity knife; or (2) with intent to use the same unlawfully against another, has, possesses, bears, transports, carries or has under his proximate control, a dagger, dirk, dangerous knife, razor, stiletto, or any other dangerous or deadly weapon shall- (A) be fined $5,000 and imprisoned not more than five (5) years; or (B) if he has previously been convicted of a felony, or has, possesses, bears, transports, carries or has under his proximate control, any such weapon during the commission or attempted commission of a crime of violence (as defined in section 2253(d)(1) hereof) shall be fined $10,000 and imprisoned not more than fifteen (15) years, which penalty shall be in addition to the penalty provided for the commission of, or attempt to commit, the crime of violence. (b) For purposes of subsection (a) of this section, the term "switchblade knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife; and the term "gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device. (c) Notwithstanding the provisions of this section, nothing contained herein shall prohibit the use of electric weapons or devices by peace officers in the conduct of their lawful duties or persons licensed to carry an electric weapon or device. The Virgin Islands Police Department and the Virgin Islands Department of Justice shall jointly promulgate regulations and establish policies pertaining to the use and licensing of electric weapons and devices. History: Amended May 16, 1974, No. 3566, § 1, Sess. L. 1974, p. 98; Sept. 10, 1986, No. 5194, § 2, Sess. L. 1986, p. 209; Dec. 29, 2001, No. 6493, § 1(b), Sess. L. 2001, p. 394; amended Apr. 22, 2016, No. 7860, § 1(1)-(3), Sess. L. 2016, p. 35.

Whoever violates the provisions of sections 298, 2251 or 2253 of this title, or any other provision of law prohibiting the possession, bearing, transporting, carrying or effective control of a firearm, ammunition or other weapon shall, in addition to the punishment therein prescribed, also have said firearm, ammunition or other weapon confiscated to the Government of the Virgin Islands. History: Amended July 11, 1968, No. 2279, § 3, Sess. L. 1968, Pt. II, p. 224; May 16, 1974, No. 3566, § 2, Sess. L. 1974, p. 99; June 1, 1984, No. 4943, § 1, Sess. L. 1984, p. 144.

Commit Crime of Violence; Definitions (a) Whoever, unless otherwise authorized by law, has, possesses, bears, transports or carries either, actually or constructively, openly or concealed any firearm, as defined in Title 23, section 451(f) of this code, loaded or unloaded, may be arrested without a warrant, and shall be sentenced to imprisonment of not less than ten years and shall be fined not less than $10,000 nor more than $15,000 or both the fine and imprisonment, except that if such person shall have been convicted of a felony in any state, territory, or federal court of the United States, or if such firearm or an imitation thereof was had, possessed, borne, transported or carried by or under the proximate control of such person during the commission or attempted commission of a crime of violence, as defined in subsection (d) hereof, then such person shall be fined $25,000 and imprisoned not less than fifteen (15) years nor more than twenty (20) years. The foregoing applicable penalties provided for violation of this section shall be in addition to the penalty provided for the commission of, or attempt to commit, the felony or crime of violence. (b) Whoever, unless otherwise authorized by law, has, possesses, bears, transports or carries either, actually or constructively, openly or concealed any machine gun, assault rifle or sawed-off shotgun, as defined in subsection (d)(2) and (3) of this section, loaded or unloaded, may be arrested without a warrant, and shall be sentenced to imprisonment of not less than fifteen years nor more than twenty years and shall be fined $25,000, except that if such person shall have been convicted of a felony in any state, territory or federal court of the United States, or if such machine gun, assault rifle or sawed-off shotgun or an imitation thereof was held, possessed, borne, transported by or under the proximate control of such person during the commission or attempted commission of a crime of violence, as herein defined, then such person shall be fined $50,000 and imprisoned not less than twenty (20) years nor more than twenty-five (25) years. The foregoing applicable penalties provided for violation of this section shall be in addition to the penalty provided for the commission of, or attempt to commit, the crime of violence. (c) In the trial of a person for committing or attempting to commit a crime of violence, as herein defined, the fact that he was armed with a firearm, used or attempted to be used, and had no license to carry the same, as required in Title 23, chapter 5 of the Code, shall be evidence of his intention to commit said crime of violence. (d) As used in this chapter- (1) "Crime of violence" shall have the same definition as that contained in Title 23, section 451(g) of this Code. (2) "Machine gun" means any firearm, as defined in Title 23, section 451(f) of this Code, which shoots automatically more than 12 shots without reloading. (3) "Sawed-off shotgun" means any firearm, as defined in Title 23, section 451(f) of this Code, designed to fire through a smooth bore either a number of ball shot or a single projectile, the barrel of which is less than 20 inches in length. (4) The term "possession" as used in this section means both actual and constructive possession. (5) "Constructive possession" means having the power and the intention at any given time to exercise dominion or actual control over the firearm either directly or through another person. (6) "Assault weapon" means any firearm as defined in title 23, chapter 5, section 451(f) of this Code which will, with a single pull of the trigger, discharge ammunition until the trigger, or other activating release is released or until the ammunition is expended. (7) "Automatic weapon" means any firearm, as defined in title 23, chapter 5, sectiotit451(f)apter 5, section 23has the capacity to fire more than one shot without manually reloading with a single pull of the trigger. (8) "Semi-Automatic weapon" means any firearm, as defined in title 23, chapter title 23, chapte451(f)section 23de which has the capacity to fire one shot with each pull of the trigger without manually reloading. (9) "Conversion kit" means any part or combination of parts designed and intended for use in converting any firearm into an automatic weapon and any combination of parts from which an automatic weapon can be assembled if the parts are in the possession or under the control of a person. (10) "Assault Rifle" means a selective-fire rifle that uses an intermediate cartridge, including, but not limited, to the following characteristics: (A) It must be an individual weapon with provision to fire from the shoulder (i.e., a buttstock); (B) It must be capable of selective fire; (C) It must have an intermediate-power cartridge-more power than a pistol but less than a standard rifle or battle rifle; and (D) Its ammunition must be supplied from a detachable magazine. (e) Whoever, unless otherwise authorized by law, has, possesses, bears, transport or carries, either openly or concealed, on or about his person, or under his control in any vehicle of any description any firearm as defined in title 23 chapter 5, section 451(f) of this Code, or any weapon that can be converted into an automatic weapon as defined in title 23, chapter 5, section 451(j) and a conversion kit, loaded or unloaded, may be arrested without warrant, and shall be sentenced to imprisonment of not less than fifteen years nor more than 20 years and shall be fined not more than $25,000, except that if such person has been convicted of a felony in any state, territorial or federal court of the United States, or if the automatic weapon or an imitation thereof was held, possessed, borne, transported by or under the proximate control of such person during the commission or attempted commission of a crime of violence, as defined in subsection (d)(1), then such person shall be subject to have the crime committed reclassified and a prison sentence imposed as follows: (1) in the case of commission of a felony of the first degree, a life sentence; (2) in the case of commission a felony of the second degree, to felony of a first degree and a minimum sentence of 20 years; and (3) in the case of commission a felony of the third degree, to a felony of the second degree a minimum of 15 years. (f) Whoever, unless authorized by law, has, possesses, bears, transports or carries, either openly or concealed, on or about his person, or under his control in any vehicle, of any description, any firearm as defined in title 23, section 451(f) of this code and any assault weapon as defined in subsection (d), or any weapon that can be converted along with a conversion kit, loaded or unloaded within one thousand feet of the real property comprising a public or private elementary, junior, secondary or vocational school or a public or private college, junior college, or university or a playground or a housing facility owned by a public housing authority or within one thousand feet of a public or private youth center, school bus stop or private youth center or public swimming pool or public beach, is subject to twice the maximum punishment prescribed in subsections (a) and (b) of this section and section 2256(a) and (b) of this chapter. History: Added Oct. 25, 1972, No. 3321, § 4, Sess. L. 1972, p. 469; amended May 16, 1974, No. 3566, § 3, Sess. L. 1974, p. 99; June 17, 1983, No. 4825, §§ 1, 2, Sess. L. 1983, pp. 79, 80; Oct. 16, 1987, No. 5284, § 1, Sess. L. 1987, p. 139; Nov. 22, 1996, No. 6123, §§ 4, 5, 6, 9(a), Sess. L. 1996, pp. 121, 122; June 30, 2000, No. 6356, § 1(b), Sess. L. 2000, p. 106; Dec. 29, 2001, No. 6493, § 1(c), Sess. L. 2001, p. 394; Mar. 5, 2005, No. 6730, § 26, Sess. L. 2005, p. 106; Sept. 11, 2009, No. 7091, §§ 1, 2, Sess. L. 2009, pp. 157, 158; amended Oct. 15, 2013, No. 7520, § 1(1)-(4), Sess. L. 2013, p. 122; amended Jan. 26, 2016, No. 7825, §§ 1(a), (b); 3(1), (2), Sess. L. 2015, p. 228, 229.

(a) A person convicted pursuant to section 2251 of this chapter of having, possessing, bearing, transporting, carrying or having under his proximate control a deadly or dangerous weapon as therein described during the commission or attempted commission of a crime of violence shall be incarcerated for a term of imprisonment of not less than one-half of the maximum sentence specified in that section. (b) Notwithstanding any other provision of law, with respect to a person convicted pursuant to section 2251 of this chapter of having, possessing, bearing, transporting, carrying or having under his proximate control a deadly or dangerous weapon as therein described, during the commission or attempted commission of a crime of violence, and with respect to a person convicted pursuant to subsection (a) or (b) of section 2253 of this chapter, of having, possessing, bearing, transporting, carrying, or having under his proximate control, a firearm, machine gun or sawed-off shot gun as therein referred to, during the commission or attempted commission of a crime of violence, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for probation, parole, or any other form of release prior to serving the mandatory minimum term of imprisonment prescribed by subsection (a) of this section or subsection (a) or (b) of section 2253, as the case may be. History: Added May 16, 1974, No. 3566, § 4, Sess. L. 1974, p. 101; amended June 17, 1983, No. 4825, § 3, Sess. L. 1983, p. 80; Nov. 22, 1996, No. 6123, § 7, Sess. L. 1996, p. 122.

(a) Any person who is not: (1) a licensed firearms or ammunition dealer; or (2) officer, agent or employee of the Virgin Islands or the United States, on duty and acting within the scope of his duties; or (3) holder of a valid firearms license for the same firearm gauge or caliber ammunition of the firearm indicated on such license; and (4) who possesses, sells, purchases, manufactures, advertises for sale, or uses any firearm ammunition is guilty subject to imprisonment for up to seven years or a fine not more than $10,000 to both fine and imprisoned. (b) Any person who, unless authorized by law possesses, sells, purchases, manufactures, advertises for sale, or uses armor piercing or exploding ammunition for use in a firearm shall be guilty of a felony and shall be fined not less than $15,000 and imprisoned not less than fifteen years. (c) As used in this section- (1) "Firearm" means any firearm as defined in title 23, section 451(f) of this Code. (2) "Firearm ammunition" means any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable for use in a firearm. (3) For purposes of this section, the following are excluded from the definitions contained herein: (A) Any device or ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard; and (B) Any device or ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition. (d) For purposes of this section "armor-piercing" shall mean that with a penetration resistance equal to or greater than that of 18 layers of aramid, and "exploding" shall mean that which is designed to enter an object and explode without regard to whether it strikes another object. (e) The provisions of this section regarding the acquisition and possession of firearm ammunition and armor-piercing or exploding ammunition do not apply to law enforcement officials for use in their employment or in the exercise of their duties as defined by law. (f) An information based upon a violation of this section need not negate any exemption herein contained. The defendant shall have the burden of proving such an exemption. History: Added June 1, 1984, No. 4943, § 2, Sess. L. 1984, p. 144; amended Dec. 29, 2001, No. 6493, § 1(d), Sess. L. 2001, p. 395; Mar. 5, 2005, No. 6730, § 27(1), (2), Sess. L. 2005, p. 106; Sept. 11, 2009, No. 7091, § 3, Sess. L. 2009, p. 158; Aug. 20, 2010, No. 7182, § 1, Sess. L. 2010, p. 114.

Moneys received for violations of sections 2251, 2253 and 2256 of this chapter shall be deposited in the "Police Crime Fighting and Equipment Fund" as established under title 33, section 3051a of this Code. History: Added Dec. 29, 2001, No. 6493, § 1(e), Sess. L. 2001, p. 396.

of a Violent Felony (a) As used in this section: (1) "Body armor" means any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor. (2) "Crime of violence" means: (A) a felony offense that has as an "element the use, attempted use, or threatened use of physical force against the person or property of another", or (B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (3) "Employer" means any individual other than a person accused of violating this section who is employed by the accused's business and oversees the accused's activity. If the person accused has no supervisor, any other employee of the business may provide certification as an employer. (b) It shall be unlawful for any person who has been convicted of a crime of violence, as defined in this section, under the laws of the United States, the Virgin Islands or any other state, territory, government or county, to purchase, own, or possess body armor. (c) Any person who has been convicted of a crime of violence, as defined in this section, under the laws of the United States, the Virgin Islands or any other state, territory, government or county who purchases, owns, or possesses body armor is guilty of a felony punishable by imprisonment for not more than 3 years. History: Added Oct. 15, 2013, No. 7518, § 1, Sess. L. 2013, p. 119-120.

(a) Any person who wears body armour during the course of committing or attempting to commit a crime of violence, as defined in section 2258(a)(2), upon conviction shall be imprisoned for not more than five years and fined not more than $5,000 or shall be both imprisoned and fined. (b) The penalties prescribed in subsection (a) are in addition to those prescribed for the commission of, or the attempt to commit a crime of violence, and the sentence under this section must be served consecutively to any other sentence imposed. History: Added Mar. 23, 2016, No. 7847, § 1, Sess. L. 2016, p. 16.

(a) The Police Commissioner or the Attorney General, with the approval of the Governor, may offer a reward not exceeding $1,000 payable out of the Crime Stop Fund for the arrest and conviction, or for information leading to the arrest and conviction of any person or persons having committed a felony or having escaped from any penal institution or jail within the Virgin Islands. The Governor, upon recommendation of the Police Commissioner or the Attorney General, may offer a standard reward pertaining to certain specified criminal offenses for information leading to the arrest and conviction of any person or persons having committed such specified criminal offense. (b) Officers and employees of the U.S. Virgin Islands Police Department (V.I.P.D.) and Department of Justice and members of the Virgin Islands Police Auxiliary shall not be eligible to receive rewards granted pursuant to this chapter. History: Added Mar. 19, 1971, No. 2957, § 1, Sess. L. 1971, p. 23; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) Rewards to be paid pursuant to this chapter shall be paid immediately upon the conviction of the person or persons for whom a reward has been offered. (b) The Police Commissioner and the Attorney General shall jointly prescribe rules and regulations as may be necessary for the implementation of this chapter, which rules and regulations shall be approved by the Governor and reviewed by the Legislature in accordance with section 913 of Title 3 of this Code. (c) If two or more persons provide information leading to the arrest and conviction of the person or persons involved in a criminal offense for which a reward has been offered pursuant to this chapter the joint decision of the Police Commissioner and the Attorney General as to the person or persons entitled to the reward shall be final unless they shall disagree, in which event, the matter shall be referred to the Governor whose decision shall be final. History: Added Mar. 19, 1971, No. 2957, § 1, Sess. L. 1971, p. 24; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) There is created and established in the Treasury of the Virgin Islands a special fund to be designated and known as the Virgin Islands Crime Stop Fund (hereinafter in this section referred to as the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury and no money shall be available for expenditure from the Fund, except as provided by law. (b) There is authorized to be appropriated to and deposited in the Fund such sums each year from the General Fund of the Treasury of the Virgin Islands as are determined necessary by the Legislature, upon recommendation of the Governor, to carry out the provisions of this chapter. The Fund shall consist of all monies appropriated thereto pursuant to this chapter. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon the joint authorization of the Police Commissioner and the Attorney General for the purpose of paying rewards pursuant to the provisions of this chapter. (d) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund, and he shall semi-annually report on the financial status of the Fund to the Governor and the Legislature, which report shall include the amount of each disbursement from the Fund together with the name and address of the person to whom each such disbursement was made. History: Added Mar. 19, 1971, No. 2957, § 1, Sess. L. 1971, p. 24; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

As used in this chapter: (1) "Cardholder" means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. (2) "Credit card" means any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit. (3) "Expired credit card" means a credit card which is no longer valid because the term shown on it has elapsed. (4) "Issuer" means the business organization or financial institution, or its duly authorized agent, which issues a credit card. (5) "Receives" or "receiving" means acquiring possession or control or accepting as security for a loan a credit card. (6) "Revoked credit card" means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 20.

A person who makes or causes to be made, either directly or indirectly, any false statement as to a material fact in writing, knowing it to be false and with intent that it be relied on respecting his identity or that of any other person, firm or corporation or his financial condition or that of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card, violates this section and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 20.

(a) Theft by taking or retaining possession of card taken. A person who takes a credit card from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it, to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter. Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common law by trespassery taking, common law larceny by trick or embezzlement or obtaining property by false pretense, false promise or extortion. (b) Theft of credit card lost, mislaid or delivered by mistake. A person who receives a credit card that he knows to have been lost, mislaid or delivered under a mistake as to the identity or address of the cardholder and who retains possession with intent to use it, sell it or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter. (c) Purchase or sale of credit card of another. A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer violates this subsection and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter. (d) Obtaining control of credit card as security for debt. A person who, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person, obtains control over a credit card as security for debt violates this subsection and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter. (e) Dealing in credit cards of another. A person other than the issuer who, during any twelve (12) month period receives two (2) or more credit cards issued in the name or names of different cardholders, which he has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of this law violates this subsection and is subject to the penalties set forth in subsection (b) of section 3010 of this chapter. (f) Forgery of credit card. A person who, with intent to defraud a purported issuer or a person or organization providing money, goods, services or anything else of value or any other person, falsely makes or embosses a purported credit card or alters such a credit card is guilty of credit card forgery, and is subject to the penalties set forth in subsection (b) of section 3010 of this chapter. A person other than the purported issuer who possesses two (2) or more credit cards which are falsely made or falsely embossed is presumed to have violated this subsection. A person falsely makes a credit card when he makes or draws in whole or in part a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued. A person falsely embosses a credit card when, without the authorization of the named issuer, he completes a credit card by adding any matter of substance, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder. (g) Signing credit card of another. A person other than the cardholder or a person authorized by him who, with intent to defraud the issuer or a person or organization providing money, goods, services or anything else of value or any other person, signs a credit card violates this subsection and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 20.

A person who, with intent to defraud the issuer or a person or organization providing money, goods, services or anything else of value or any other person, uses, for the purpose of obtaining money, goods, services or anything else of value, a credit card obtained or retained in violation of this law or a credit card which he knows is forged, expired or revoked or who obtains money, goods, services or anything else of value by representing, without the consent of the cardholder, that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued, violates this subsection and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter, if the value of all moneys, goods, services and other things of value obtained in violation of this subsection does not exceed one hundred ($100) dollars in any six (6) month period. The violator is subject to the penalties set forth in subsection (b) of section 3010 of this chapter, if such value does exceed one hundred ($100) dollars in any six (6) month period. Knowledge of revocation shall be presumed to have been received by a cardholder four (4) days after it has been mailed to him at the address set forth on the credit card or at his last known address by registered or certified mail, return receipt requested, and, if the address is more than five hundred (500) miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone or Canada, notice shall be presumed to have been received ten (10) days after mailing by registered or certified mail. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 22.

Whoever, being an officer or employee of the Government of the Virgin Islands or instrumentality thereof uses a government credit card inconsistent with the purpose authorized is guilty of unauthorized use of a government credit card and is subject to a fine of not more than $10,000 or imprisoned for not more than one year, or both fine and imprisonment. History: Added Mar. 5, 2005, No. 6730, § 41, Sess. L. 2005, p. 134; amended May 19, 2020, No. 8309, § 2, Sess. L. 2020, p. 56.

(a) Illegally obtained or illegally possessed credit card; forged, revoked or expired credit card. A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder or any agent or employees of such person who, with intent to defraud the issuer or the cardholder, furnishes money, goods, services or anything else of value upon presentation of a credit card obtained or retained in violation of this law or a credit card which he knows is forged, expired or revoked violates this subsection and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter, if the value of all money, goods, services and other things of value furnished in violation of this subsection does not exceed one hundred ($100) dollars in any six (6) month period. The violator is subject to the penalties set forth in subsection (b) of section 3010 if such value does exceed one hundred ($100) dollars in any six (6) month period. (b) Misrepresentation to issuer. A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder or any agent or employee of such person who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, services or anything else of value which he represents in writing to the issuer that he has furnished, violates this subsection and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter, if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished does not exceed five hundred ($500) dollars in any six (6) month period. The violator is subject to the penalties set forth in subsection (b) of section 3010 if such difference does exceed five hundred ($500) dollars in any six (6) month period. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 23.

Incomplete Credit Card A person other than the cardholder possessing two (2) or more incomplete credit cards with intent to complete them without the consent of the issuer or a person possessing with knowledge of its character any machinery, plates or any other contrivance designed to reproduce instruments purporting to be the credit cards of an issuer who has not consented to the preparation of such credit cards, violates this subsection and is subject to the penalties set forth in subsection (b) of section 3010 of this chapter. A credit card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted or written on it. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 23.

Use of Credit Cards A person who receives money, goods, services or anything else of value obtained in violation of section 3004 of this chapter, knowing or believing that it was so obtained, violates this section and is subject to the penalties set forth in subsection (a) of section 3010 of this chapter. A person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company which was acquired in violation of section 3004 without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of section 3004. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 24.

In any prosecution for violation of this chapter, it is not required to be established and it is no defense that a person, other than the defendant, who violated this chapter has not been convicted, apprehended or identified. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 24.

When this chapter establishes a presumption with respect to any fact which is an element of a crime, it has the following consequences: (1) When there is sufficient evidence of the facts which give rise to the presumption to go to the jury, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly negates the presumed fact; and (2) When the issue of the existence of the presumed fact is submitted to the jury, the court shall charge that while the presumed fact must, on all the evidence, be proved beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 24.

(a) A person who is subject to the penalties of this subsection shall be fined not more than one thousand ($1,000) dollars or imprisoned not more than one (1) year or both. (b) A person who is subject to the penalties of this subsection shall be fined not more than three thousand ($3,000) dollars or imprisoned not more than three (3) years or both. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 25.

No person engaged in the business of granting or extending credit by the use of a credit card shall mail any such credit card to any individual unless such individual shall have previously made a request therefor in writing. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 25.

The provisions of section 3011 of this chapter shall not apply to: (1) The issuance of any credit card to any individual who shall at the time of such issuance have a credit account relationship with the issuer. (2) The issuance of any credit card to any individual whose credit account shall have been transferred to the issuer by any other person engaged in the business of granting or extending credit by the use of a credit card. (3) The renewal of any credit card previously issued which has been used by the cardholder during the previous new or renewal term. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 25.

Any person, firm or corporation who violates section 3011 of this chapter shall be guilty of a misdemeanor. Any person, firm or corporation, which has been found guilty as aforesaid, or any person, firm or corporation acquiring derivative rights therefrom shall be prohibited from maintaining any civil action for the recovery of any debt created through the use of said credit card. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 25.

This chapter shall not be construed to preclude the applicability of any other provision of the criminal law of the Virgin Islands which presently applies or may in the future apply to any transaction which violates this chapter, unless such provision is inconsistent with the terms of this chapter. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 25.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 26.

This chapter shall be known and may be cited as the "Credit Card Crime Act". History: Added Feb. 28, 1972, No. 3171, Sess. L. 1972, p. 26.

(a) Whoever, in connection with a proceeding for violation of a criminal law of the Virgin Islands, has been released before conviction or prior to the commencement of his sentence, and who willfully fails to appear before any court or judicial officer as required, shall, subject to the provisions of the Federal Rules of Criminal Procedure and the rules governing criminal procedure established by the Supreme Court for the Superior Court, incur a forfeiture of any security which was given or pledged for his release, and in addition, shall (1) if he was released in connection with a charge of felony, or while awaiting sentence or pending appeal or certiorari prior to the commencement of his sentence after conviction of any offense, be fined not more than $5,000 and imprisoned not less than one year and not more than five years; (2) if he was released in connection with a charge of misdemeanor, be fined not more than the maximum provided for such misdemeanor and imprisoned not more than one year; or (b) The trier of facts may convict under this section even if the defendant has not received actual notice of the appearance date if (1) reasonable effort to notify the defendant has been made, and (2) the defendant, by his own actions purposefully frustrated the receipt of actual notice. History: Added July 31, 1978, No. 4161, Sess. L. 1978, p. 158; amended July 30, 2016, No. 7888, § 12, Sess. L. 2016, p. 113.

(a) Whoever, having or having had authorized access to restricted information, learns the identity of an undercover agent or informer and discloses any information identifying such undercover agent or informer to any individual not authorized to have access to such restricted information, knowing that the information disclosed so identifies such undercover agent or informer and that the Government of the Virgin Islands is taking affirmative measures to conceal such undercover agent's or informer's confidential relationship to the Government of the Virgin Islands, shall be fined not more than $25,000 or imprisoned not more than five years, or both. (b) Whoever, while engaged in an activity to identify and expose undercover agents or informers and with reason to believe that such activities would impair or impede the crime prevention or criminal apprehension activities of the Government of the Virgin Islands, discloses any information that identifies an individual as an undercover agent or informer to any individual not authorized to have access to restricted information, knowing that the information disclosed so identifies such undercover agent or informer and that the Government of the Virgin Islands is taking affirmative measures to conceal such undercover agent's or informer's confidential relationship to the Government of the Virgin Islands, shall be fined not more than $15,000 or imprisoned not more than three years, or both. History: Added June 1, 1984, No. 4948, Sess. L. 1984, p. 148.

(a) It shall be a defense to a prosecution under section 3031 of this chapter that before the commission of the offense with which the defendant is charged, the Government of the Virgin Islands had publicly acknowledged or revealed the confidential relationship to the Government of the Virgin Islands of the individual, the disclosure of whose confidential relationship to the Government of the Virgin Islands is the basis for the prosecution. (b) It shall not be an offense under section 3031 of this chapter for an individual to disclose information that solely identifies himself as an undercover agent or informer. (c) It shall not be an offense under section 3031 of this chapter for an individual to personally disclose information to members of the committee or committees of the Legislature of the Virgin Islands with jurisdiction over the Department of Justice or the U.S. Virgin Islands Police Department (V.I.P.D.); Provided, however, That the provisions of this subsection shall not be deemed to permit such members from violating the provisions of section 3031 of this chapter. (d) (1) Subject to paragraphparagraph (2)no person other than a person committing an offense under section 3031 of this chapter shall be subject to prosecution under such section by virtue of section 11 or 13 of this title or chapter 2chapter 27his title. (2) Paragraph (1) hereof shall not apply (A) in the case of a person who engaged in an activity intended to identify and expose undercover agents or informers and with reason to believe that such activity would impair or impede the crime prevention or criminal apprehension activities of the Government of the Virgin Islands, or (B) in the case of a person who has authorized access to restricted information. History: Added June 1, 1984, No. 4948, Sess. L. 1984, p. 148; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

For the purposes of this chapter: (a) The term "authorized", when used with respect to access to restricted information, means having authority, right or permission pursuant to an order or instruction of the Governor, Attorney General, Police Commissioner or any court of the Government of the Virgin Islands or the Government of the United States. (b) The term "disclose" means to communicate, provide, impart, transmit, transfer, convey, publish or otherwise make available. (c) The term "informer" means any person who furnishes information to an undercover agent in the course of a confidential relationship protecting the identity of such informer from public disclosure and whose identity as such an informer is restricted information. (d) The term "restricted information" means information or material that has been determined by the Governor, the Attorney General or the Police Commissioner to require protection against unauthorized disclosure for reasons of crime prevention or criminal apprehension security. (e) The term "undercover agent" means an officer or employee of the Government of the Virgin Islands whose identity as such an officer or employee is restricted information. History: Added June 1, 1984, No. 4948, Sess. L. 1984, p. 148; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

Any person who violates a curfew imposed by the Governor of the Virgin Islands under Title 23, chapter 19, section 1522(3), Virgin Islands Code, shall be fined not more than $200 or imprisoned for not more than three (3) months, or both. History: Added Sept. 11, 1992, No. 5808, § 1, Sess. L. 1992, p. 115.

Any person who knowingly sells, offers to sell, or attempts to sell the right to participate in a pyramid sales scheme, as defined in the Consumer Fraud and Deceptive Business Practices Act, codified in title 12A, chapter 6 of this Code, commits a misdemeanor and, in addition to any fines and penalties imposed by the Consumer Fraud and Deceptive Business Practices Act, may be imprisoned not more than one year. History: Added May 17, 2006, No. 6833, § 2, Sess. L. 2006, p. 44.

This chapter may be cited as "The Hate-Motivated Crimes Act". History: Added Jan. 31, 2014, No. 7581, § 2, Sess. L. 2014, p. 7.

As used in this chapter: (a) "Enhanced penalty" means a statutory enhancement where the sentence is increased significantly and could double or more the sentence for the underlying crime for an offender who intentionally selects a victim based upon at least in part, the victim's race, color, religion, national origin, sex, ancestry, age, disability, sexual orientation or gender identity and where the offender is subjected to more severe penalties than would have been imposed in the absence of hate-motivated intent. (b) "Hate-motivated crime" means the commission, caused to be committed or attempted to be committed of any crime where conduct is maliciously motivated by prejudice of the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, disability, sexual orientation or gender identity. (c) "Underlying crime" means any crime defined in chapters 11, 13, 21, 30, 31, 35, 43, 45, 49, 53, 55, 63, 67, 79, 85, 87, 91, 93, 95, 101, 104, and 108 of this title, when the crime is committed, caused to be committed or attempted to be committed due to hate- motivated intent. History: Added Jan. 31, 2014, No. 7581, § 2, Sess. L. 2014, p. 7, 8.

A person who willfully commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by prejudice of the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, disability, sexual orientation or gender identity is subject to the following enhanced penalties: (a) If the maximum penalty for the underlying crime is one year or less, the penalty for violation of this section is imprisonment for not more than two years or a fine of not more than $20,000. (b) If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for violation of this section is imprisonment for not more than five years or a fine of not more than $50,000. (c) If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime applies. History: Added Jan. 31, 2014, No. 7581, § 2, Sess. L. 2014, p. 8.

In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness. History: Added Jan. 31, 2014, No. 7581, § 2, Sess. L. 2014, p. 8.

If any provision of this chapter or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this chapter and the application of the provisions of this chapter to any person or circumstance shall not be affected thereby. History: Added Jan. 31, 2014, No. 7581, § 2, Sess. L. 2014, p. 8, 9.

Nothing in this chapter may be construed to prohibit any expressive conduct protected from legal prohibition by or any activities protected by the Free Speech or Free Exercise Clauses of the First Amendment to the United States Constitution. History: Added Jan. 31, 2014, No. 7581, § 2, Sess. L. 2014, p. 9.

This chapter may be cited as "The Criminal Street Gang Prevention Act". History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 20.

In this chapter: (a) "Act of violence" means those felony offenses described in title 23 Virgin Islands Code § 451(g) as crimes of violence. (b) "Contraband" means any property, including money, that is owned by, in the possession of, or subject to the control of a criminal street gang member or associate and which is acquired by, derived from, or traceable to criminal street gang activities, or profits, proceeds or instrumentalities of criminal street gang activities, or all property used or intended or attempted to be used to facilitate the criminal street gang activities of any criminal street gang or criminal street gang member or associate, or all profits, proceeds, or instrumentalities of criminal street gang recruitment, or all property used or intended or attempted to be used to facilitate criminal street gang recruitment. Contraband does not include property of any person not a criminal street gang member or associate who does not knowingly or willingly permit the property to be used for the furtherance of criminal activities. (c) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal: (1) which has as one of its primary objectives or activities the commission of one or more criminal activities; (2) which has an identifiable name or identifying sign or symbol or whose members wear identifiable and utilize distinct colors and patterns in wearing apparel; and (3) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, two or more predicate criminal acts, at least one of which is an act of violence; provided such acts were not part of a common act or transaction. (d) "Pattern of criminal gang activity" means the commission of, conspiracy to commit, or attempt to commit two or more of the following offences, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within one year after a prior offense, and the offenses were committed on separate occasions, or by two or more persons: (1) assault in the first, second, third degree and aggravated assault as defined in chapter 13 of this title; (2) robbery of any degree as dechapter 13hapter 93 of this title; (3) murder in the first, or secondchapter 93 manslaughter, as defined in chapter 45 of this title; (4) possession, sale, distribuchapter 45manufacturing or trafficking of controlled substances as prescribed in title 19 Virgin Islands Code; (5) brandishing, title 19 Virgin Islands Codeapon as defined in chapter 31 of this title; (6) disturbing the peacechapter 31fined in chapter 31 of this title; (7) reckless endangchapter 31defined in chapter 31 of this title; (8) dischargichapter 31ng firearms as defined in title 23, chapter 5; (9) grand larctitle 23efchapter 5hapter 55 of this title; (10) burglary as defined in chapter 21 of this title; (11) arson as defined in chapter 11 of this title; (12) obstruction of justice as defined in chapter 75 of this title; (13) rape as defined in chapter 85 of this title; (14) kidnapping as defined in chapter 53 of this title; (15) mayhem as defined in chapter 67 ofchapter 67title; (16) stalking as defined in chapter 104 chapter 104le; (17) receiving and possession of stolen property as defined in chapter 105chapter 105 title; (18) instigating or aiding a fight as defined in chapter 31chapter 31itle; (19) identity theft as defined in cchapter 110 of this title; or (20) theft of or unauthorized destruction of a vehicle as defined in chapter 69 of this title. (e) "Criminal street gang member" means any person who knowingly becomes a member of a criminal street gang, and who participates in the criminal street gang with the specific intent of promoting, furthering or assisting the criminal interests of the criminal street gang. (f) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system, including, video, telephone communications, text messages, facsimile, electronic mail messages and instant message real-time communications with other individuals through the internet or other means, but does not include- (1) any wire or oral communication; (2) any communication made through a tone-only paging device; (3) any communication from a tracking device as defined in 118 U.S.C. 3117; or (4) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (g) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content of nature of the material used in the commission of the act. (h) "Government" means the Government of the Virgin Islands, any agency, autonomous or semi- autonomous agency, or instrumentality of the Government of the Virgin Islands. (i) "Predicate criminal act" means: (1) an act of violence; or (2) any violation of title 14 Virgin Islands Code, sections 252, 253, 622, 623, 625, 707, 1081, 1083, 1382, 1383, 1501, 1507, 1508, 1510, or 1541; or (3) any violation of title 19 Virgin Islands Code, sections 608, 608a, 608b, 611, 614a, or 614b. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 20-22.

Any person who commits an offense under this section is guilty of the crime of gang criminality and must be sentenced according to the provisions of this chapter. (a) Any person who actively participates in or is a member of a criminal street gang, and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang, is guilty of a felony and shall be sentenced to not more than ten years imprisonment or a fine of not more than $50,000, or both such imprisonment and fine. (b) (1) It is unlawful for any person to knowingly and willfully initiate, organize, plan, finance, direct, manage, or supervise criminal street gang-related activities or a criminal street gang. (2) A person who is found guilty of the conduct prohibited in paragraph (1) of this subsection is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment for not more than ten years, or to payment of a fine of not more than $100,000, or both imprisonment and a fine. (c) (1) Any criminal street gang member or associate who uses electronic communication to intimidate or harass any person for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang, including such activities as distributing, selling, transmitting, or posting on the internet any audio, video, or still image of criminal activities, is guilty of a felony and, upon conviction, shall be sentenced to a term of imprisonment of not more than five years, or to payment of a fine of not more than $50,000, or to both imprisonment and a fine. (2) Any person who uses electronic communication to advertise his presence in the community for the purpose of benefiting, promoting, or furthering the interests of a criminal street gang, including such activities as distributing, selling, transmitting, or posting on the internet any audio, video, or still image of criminal activities, is guilty of a felony, and upon conviction shall be sentenced to a term of imprisonment of not more than two years, or to payment of a fine of not more than $15,000, or to both imprisonment and a fine. (d) (1) Any person who knowingly and willfully causes, encourages, coerces, solicits, or recruits another person to participate in or join a criminal street gang is guilty of a felony and, upon conviction shall be sentenced to imprisonment for a maximum of ten years, or to payment of a fine of not more than $25,000, or to both imprisonment and a fine. (2) Any person age 18 years or older who knowingly and willfully encourages, coerces, solicits or recruits, or otherwise causes or attempts to cause a minor to participate in or become a member of what the person knows to be a criminal street gang is guilty of a felony and, upon conviction shall be sentenced to a term of imprisonment of not more than ten years, or to payment of a fine of not more than $50,000, or to both imprisoned and a fine. (3) Any person who knowingly and willfully coerces an individual to remain as a participant in a criminal street gang, or submit to a demand made by a criminal member or associate to commit a criminal act is guilty of a felony and, upon conviction shall be sentenced to a term of imprisonment of not more than ten years, or to payment of a fine of not more than $50,000, or to both imprisonment and a fine. (4) A criminal street gang member or associate shall be sentenced to a term of imprisonment of not more than ten years, or to the payment of a fine of not more than $100,000, or both imprisonment and a fine if the criminal gang member is guilty of a felony and, upon conviction: (A) uses force, a firearm or any other deadly weapon, or physical violence against an individual or member of his household; or (B) threatens force against an individual or the individual's household where such threats are likely to place any reasonable person in reasonable fear or apprehension of bodily harm or death. (e) Any person who communicates threats of bodily injury or damage to property of another as punishment or retaliation against a person for attempting to or having withdrawn from a criminal street gang is guilty of a felony, and upon conviction shall be sentenced to a maximum term of imprisonment for not more than ten years, or to payment of a fine of not more than $50,000, or to both imprisonment and a fine. (f) (1) It is unlawful for any criminal street gang member or gang associate to deface by graffiti any real or personal property of the Territory, of another person, organization or entity with the specific intent of furthering or promoting the criminal acts or interests of a criminal street gang. (2) A person convicted of the conduct prohibited in paragraph paragraph (1)ubsection is guilty of a misdemeanor and, upon conviction, shall be sentenced to a term of imprisonment for not more than six months, or to payment of a fine of not more than $1,000, or to both. (3) The court may order restitution to the victim in the cost of removal of the graffiti, or the repair, or replacement costs of the property defaced, whichever is less. (4) A person who voluntarily and at the person's own expense, removes graffiti for which he is responsible may be credited for the removal costs against restitution ordered by the court. (g) It is unlawful for any person to communicate with or to another, whether directly or indirectly, any threat of injury or damage to another person or property of another person or of any associate or family of another person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang member or associate. Any violation of this subsection shall constitute a felony and in addition to any other penalty provided by law is punishable by imprisonment of not less than two years nor more than 10 years, without suspension of sentence or probation or parole. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 22-24.

Any offense committed in violation of this chapter is considered a separate offense. Nothing in this chapter may prohibit the arrest and prosecution of a criminal street gang member or criminal street gang associate for violations under other sections of the Virgin Islands Code except to the extent provided by law. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 24.

(a) Any person who violates this chapter in the commission of the underlying criminal act commits a felony, upon conviction of the underlying felony and in addition and consecutive to the punishment prescribed for the felony convicted of, shall be punished by an additional term of one, two, or three years, at the discretion of the court if the underlying felony included any of the following crimes under 14 V.I.C.: (1) abduction; (2) arson; (3) assault; (4) auto theft; (5) battery; (6) bribery; (7) burglary; (8) carrying or using dangerous weapons; (9) child exploitation; (10) child pornography; (11) conspiracy; (12) counterfeiting; (13) criminally influenced and corrupt organizations; (14) embezzlement; (15) extortion; (16) false personification; (17) forgery; (18) fraud; (19) homicide; (20) kidnapping; (21) larceny; (22) mayhem; (23) obstruction of justice; (24) perjury; (25) prostitution; (26) rape; (27) robbery; (28) sabotage; (29) theft; or (30) trafficking of persons. (b) Any person who violates this chapter in the commission of a felony and who does so on the grounds of, or within 1000 feet of any public or private elementary, junior or high school, or vocational school or learning institution, playground, sports facility, daycare center, public park or recreation center, shall, upon conviction of the underlying felony and in addition and consecutive to the punishment prescribed for the felony conviction, be punished by an additional term of two to four years, at the discretion of the court. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 25, 26.

(a) Any person, organization or entity establishing by clear and convincing evidence coercion, intimidation, threats, or any injury by reason of a violation of this chapter has a civil cause of action for treble damages, punitive damages, injunctive relief, or any other appropriate relief in law or equity. If the plaintiff prevails, the plaintiff may also recover reasonable attorney fees and costs incurred from the investigation and litigation. (b) In addition to other remedies provided by law, the Government shall have a civil cause of action against any person, upon a showing by clear and convincing evidence that it has been injured by reason of a violation of this chapter. The Government shall have a civil cause of action for treble damages, punitive damages, an injunction, or any other appropriate relief in law or equity. (c) The defendant is entitled to recover reasonable attorney's fees and court costs if the court finds that the plaintiff raised a claim without factual or legal support and was vexatious, frivolous, or brought in bad faith. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 26.

Criminal Street Gang Member From Prison When a criminal street gang member or associate is released from the custody of a jail, prison, or corrections facility of the Virgin Islands, and the criminal street gang member was in the custody for violating this chapter, a designated employee of the jail, prison, or corrections facility shall transmit notice of the release to the Chief of Police for the district where the release is likely to reside. Notice must be sent not later than ten days exclusive of local and federal holidays and after the date that the criminal street gang member or associate is scheduled to be released. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 26, 27.

(a) The Virgin Islands Police Department and other law enforcement agencies of the Virgin Islands shall concentrate enhanced law enforcement efforts and resources on all criminal activities prohibited under this chapter. (b) The efforts of the gang violence unit must include: (1) coordinating with the Department of Education to develop, adopt and implement gang preventive programs; (2) apprehending violent gang members and associates; (3) identifying and documenting criminal street gang activities; (4) establishing a working relationship with local citizens, community-based organizations, business representatives and other criminal agencies; and (5) assisting other criminal justice and government agencies in the protection of witnesses from intimidation or retribution from gang members and their associates due to their cooperation with law enforcement agencies. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 27.

(a) Property subject to civil forfeiture to the Government of the Virgin Islands includes all property, both personal and real, of any kind or character used in substantial connection with, intended for use in the course of, derived from, traceable to, or realized through, including any profit or interest derived from: (1) any conduct in violation of any provision of this chapter; and (2) criminal street gang member recruitment as prohibited by § 3062(d)(1) of this chapter. (b) The forfeiture procedures established in section 608 of this title apply to all forfeiture proceedings under this section. The application of one civil remedy under this chapter does not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. History: Added May 1, 2018, No. 8033, § 1, Sess. L. 2018, p. 27.