American Samoa § 46.3612 - Deviate sexual assault.
Full text of American Samoa American Samoa Code Annotated § 46.3612 — Deviate sexual assault., with citation guidance and answers to common questions.
§ 46.3612. Deviate sexual assault.
(a) A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person without consent or who is incapacitated or who is 16 years of age or less. (b) Deviate sexual assault is a class C felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon in a threatening manner, then the crime is a class B felony. Case Notes: The overlap of the statutes defining sodomy and deviate sexual assault does not violate a criminal defendant’s due process. A.S.C.A. §§ 46.3611, 46.3612. American Samoa Government v. Whitney, 20 A.S.R.2d 29 (1991). Statute defining the crime of sodomy does not require proof that defendant committed the act with the purpose of arousing or gratifying sexual desire. A.S.C.A. § 46.3611. American Samoa Government v. Masaniai, 4 A.S.R.2d 156 (1987). That defendant’s conduct was similar to pre-Christian ceremonial practices was no defense in prosecution for sexual abuse and sodomy, since territorial legislature enacted no statutory exception for such practices. A.S.C.A. §§ 46.3611, 3612. American Samoa Government v. Masaniai, 4 A.S.R.2d 156 (1987). In passing both a sodomy and a deviate sexual assault statute, the Fono has indicated that a prosecutor has the discretion to chose between charging a Class B or Class C felony for the same conduct. A.S.C.A. §§ 46.3611, 46.3612. American Samoa Government v. Whitney, 20 A.S.R.2d 29 (1991). Research Guide: MCC 566.070, 15 ASC 981.
Frequently Asked Questions About American Samoa § 46.3612
What does American Samoa Code Annotated § 46.3612 cover?
Section 46.3612 ("Deviate sexual assault.") is part of the American Samoa Code Annotated, the codified statutory law of American Samoa. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite American Samoa § 46.3612?
A common citation format is "American Samoa Code Annotated § 46.3612" (American Samoa). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of American Samoa law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the American Samoa official source linked on this page or consult a licensed American Samoa attorney.
How does American Samoa § 46.3612 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in American Samoa can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in American Samoa.