Guam

Guam Code Annotated Title 9 — Crimes & Corrections

837 sections, each with the official text and a plain-English explanation of what it means for you.

• § 1.04 — However, its basic policy is reflected in recent recommendations by commissions in California, Massachusetts and New Jersey
• § 1.09 — It deals with those situations in which a former trial or proceeding prior to trial is barred due to a subsequent prosecution for a different offense, whether a violation of a different statute or a different violation of the same statute
• § 1.10 — Short Title
• § 1.12 — Severability
• § 1.14 — Purpose for Defining Offenses
• § 1.16 — Territorial Applicability
• § 1.18 — Classes of Crimes
• § 1.19 — Felonies Defined and Classified
• § 1.20 — Relationship of Code to Other Laws; Contempts, Penalties and Remedies
• § 1.22 — Prosecution for Conduct Which Constitutes More Than One Offense
• § 1.24 — Double Jeopardy
• § 1.26 — Double Jeopardy
• § 1.28 — Concurrent Jurisdiction
• § 1.30 — Former Prosecutions
• § 1.32 — [Reserved.] [Reserved.]
• § 1.34 — Rules of Construction
• § 1.36 — Headings
• § 1.38 — Amendments Included
• § 1.40 — [Reserved.] [Reserved.]
• § 1.42 — Tenses
• § 1.44 — Gender
• § 1.46 — Number
• § 1.48 — Shall and May
• § 1.50 — Military Authority
• § 1.60 — General Definitions Applicable to Entire Title
• § 1.70 — Peace Officer
• § 1.80 — Territory
• § 10.60 — COMMENT: This Section defines a termination of a conspiracy for purposes of the Statute of Limitations.
• § 1026 — COMMENT: This Section is new to Guam and provides a much needed procedure and notice when a defendant is going to raise the issue of sanity
• § 11 — COMMENT: § 1.50 restates a portion of former § 11 the Penal Code
• § 1101 — COMMENT: This is a new Section to Guam
• § 11104 — (b) Notwithstanding any other provision of law, within thirty (30) days of the enactment of this Section, the Director of the Department of Corrections shall create and implement a policy where indigent inmates shall be allowed to call the Public Defender Service Corporation, the Alternate Public De
• § 115.00 — COMMENT:§ 4.65 creates a new crime, that of Criminal Facilitation
• § 1208 — COL 2024-12-05 9 GCA CRIMES AND CORRECTIONS CH
• § 1234a — Amended by P.L
• § 13.10 — Attempt: Defined
• § 13.15 — Same: Impossibility No Defense
• § 13.20 — Solicitation: Defined
• § 13.25 — Same: Defenses Allowed and Disallowed
• § 13.30 — Conspiracy:Definition
• § 13.40 — Same: Scope
• § 13.45 — Same: Defenses Allowed and Disallowed
• § 13.50 — Same: Duration
• § 13.60 — Attempt, Solicitation, Conspiracy: Degree of Offense Stated
• § 1301.28 — (l) A prescription may be issued by a qualifying practitioner, as defined in Section 303(g)(2)(G)(iii) of the Federal Controlled Substance Act (21 U.S.C
• § 1367 — Subsection (a) defines when a person is incompetent to be proceeded against in a criminal case, which definitions are essentially the same as currently used in decisional law of the Guam court
• § 1371 — CROSS-REFERENCES: Chapter 165, Crim
• § 1372a — COMMENT: This Section continues the authority to send committed persons off-island for treatment recognizing that almost no facilities exist on Guam for the criminally insane
• § 1510 — Reference to the “Guam Legislature” replaced with I Liheslaturan Guåhan pursuant to 2 GCA
• § 16.10 — Definitions Applicable to Chapter
• § 16.20 — Criminal Homicide Defined
• § 16.30 — Aggravated Murder Defined
• § 16.40 — Murder Defined
• § 16.50 — Manslaughter Defined and Classified
• § 16.60 — Negligent Homicide Defined and Classified
• § 160.40 — COMMENT: § 7.70 perhaps limits the defense of entrapment developed under case law, and particularly under case law of Guam
• § 1606 — Subsection (a)(3) added by P.L
• § 17.01 — Title
• § 17.02 — Legislative Statement and Intent
• § 17.03 — Definitions
• § 17.04 — Application
• § 17.05 — Murder of an Unborn Child
• § 17.06 — Manslaughter of an Unborn Child
• § 17.07 — Aggravated Assault of an Unborn Child
• § 17.08 — Assault of an Unborn Child
• § 17.09 — Knowledge Not a Defense
• § 17.10 — No Prohibition
• § 170 — It might be noted that unlike § 52.30, the Section here includes all false information, both written and oral.
• § 188 — Model Penal Code § 2.02 (2); *Cal
• § 19 — COMMENT: While there is no severability clause in the Guam Penal Code, it has been regarded as severable
• § 19.10 — General Definitions
• § 19.20 — Aggravated Assault; Defined and Punished
• § 19.30 — Assault; Defined and Punished
• § 19.40 — Reckless Conduct; Defined and Punished
• § 19.50 — Terroristic Conduct; Defined and Punished
• § 19.60 — Terrorizing; Defined and Punished
• § 19.69 — Definitions
• § 19.70 — Stalking
• § 19.80 — Strangulation; Defined and Punished
• § 19.81 — Interfering with the Reporting of Family Violence; Defined and Punished
• § 19.82 — Interfering with the Reporting of Criminal Sexual Conduct; Defined and Punished
• § 22.10 — General Definitions - Ref.
• § 22.20 — Kidnapping; Defined & Punished
• § 22.30 — Felonious Restraint; Defined & Punished
• § 22.35 — Unlawful Restraint; Defined & Punished
• § 22.40 — Child Stealing; Defined & Punished
• § 22.50 — Custodial Interference; Defined & Punished
• § 22.60 — Criminal Intimidation, Defined & Punished
• § 223.0 — Trade Secret is an amalgam of California Penal Code §§ 496c and 499c
• § 224.14 — It clearly reaches such cases as execution of releases or extensions of time for payment of obligations
• § 224.2 — It is related to § 46.40, but covers person not acting “in the course of business.” It overlaps to some extent § 43.35 insofar as the punishes conduct which could be punished as an attempted theft by deception
• § 224.8 — This Section makes a misdemeanor what is commonly known as “commercial bribery” and “commercial influence peddling”
• § 2244 — (4) Military Offenses
• § 230.1 — COMMENT: The crime of bigamy is reduced by this Section from a felony to a misdemeanor, thus increasing the likelihood of prosecution as Attorneys General on Guam have felt that felony charges were too severe under the facts usually presented
• § 230.2 — COMMENT: Again, § 31.15 continues the substance of Penal Code
• § 235 — In addition, § 31.15 clarifies two (2) issues not covered by prior law, namely legitimacy is irrelevant where the concern is with the bloodline, and adoptive relationships are included as equivalent of natural parents to their children and vice versa
• § 2425 — (5) Military Offenses
• § 25.10 — Definitions
• § 25.15 — First Degree Criminal Sexual Conduct
• § 25.20 — Second Degree Criminal Sexual Conduct
• § 25.25 — Third Degree Criminal Sexual Conduct
• § 25.30 — Fourth Degree Criminal Sexual Conduct
• § 25.35 — Assault with Intent to Commit Criminal Sexual Conduct
• § 25.40 — Victim’s Testimony Need Not be Corroborated
• § 25.45 — Resistance Not Required
• § 25.50 — Interfering with the Reporting of Criminal Sexual Conduct
• § 26.01 — Definitions
• § 26.02 — Criminal Provisions
• § 26.03 — Victim Immunity from Prosecution
• § 26.04 — Non-Defenses to Trafficking In Persons
• § 26.05 — Criminal Liability of Business Entities
• § 26.06 — Restitution
• § 26.07 — Asset Forfeiture
• § 26.08 — Statute of Limitations
• § 26.09 — Sentencing Enhancements
• § 26.20 — Task Force for Prevention of Trafficking
• § 26.21 — Date Collection and Dissemination
• § 26.22 — Training
• § 26.23 — Public Awareness
• § 26.24 — Role of Non-Governmental Organizations
• § 26.30 — Victim’s Rights
• § 26.31 — Civil Action
• § 26.32 — Applicability of Labor Standards
• § 26.33 — Protection of Victims
• § 26.34 — Access to the Territorial Crime Victim’s Compensation Fund
• § 26.35 — Protection of the Privacy of Victims
• § 26.36 — Information for Victims
• § 26.37 — Opportunity for Presentation of Victim’s Views and Concerns
• § 26.38 — Support for Victims
• § 26.39 — Appropriate Implementation for Child Victims
• § 26.40 — Human Trafficking Victin-Caseworker Privelege
• § 26.41 — Protection of Trafficking and Domestic Violence Shelters
• § 266g — Compare former §§ 273b and 309, G.P.C
• § 272 — COMMENT: § 31.30 supersedes all or parts of the Guam Penal Code dealing with the same subject
• § 273e — Repealed by P.L
• § 28.10 — Prostitution Defined; Punishment Established; Definitions
• § 28.100 — Illegal Use of a Computer or Telecommunications Device to Disseminate Prohibited Materials Involving a Minor- Sexting; Crime Defined and Punished
• § 28.101 — Illegal Use of a Computer or Telecommunications Device to Disseminate Prohibited Materials Involving a Minor- Sexting; Mandatory Distribution of Information Brochure about Sexting by Retail Stores Who Sell Cellular Telephone Equipment or Cellular Telephone Equipment Service Contracts
• § 28.102 — Unlawful Distribution of Images; Exceptions; Definitions; and Penalties
• § 28.15 — Loitering for the Purpose of Soliciting to Engage in Prostitution
• § 28.20 — Promoting Prostitution; Punishment ; Defense
• § 28.25 — Abetting Prostitution; Punishment
• § 28.30 — Compelling Prostitution; Punishment
• § 28.35 — Evidence of Place and Persons Admissible
• § 28.40 — Definitions
• § 28.45 — Obscenity: Standards
• § 28.49 — Same: Distribution
• § 28.50 — Same: Participation in
• § 28.51 — Same: Employment of Minor
• § 28.52 — Use of One's Child in Obscene Acts
• § 28.55 — Defenses
• § 28.60 — Disposition of Obscene Material
• § 28.65 — Indecent Exposure; Defined & Punished
• § 28.70 — Invasion of Privacy or Criminal Voyeurism and Video Voyeurism; Penalty; Definitions
• § 28.71 — Obscene Telephone Service Prohibited; Penalty
• § 28.72 — Certain Obscene Telephone Communications Prohibited; Penalty
• § 28.80 — Photography of Minors' Sexual Acts: Punished
• § 28.90 — Obscene, Anonymous, Harassing and Threatening Communications by Computer; Defined and Punished
• § 29 — Amended by P.L
• § 3.03 — Subsection (b) places restriction upon the application of this Section and directs the circumstances in which other Sections of this article are to be applied
• § 3.07 — Subsections [a] through [c] and [d] and [f] deal with arrest and authorize the use of such force is believed to be immediately necessary to make a lawful arrest
• § 30.10 — Definitions
• § 30.100 — Maintenance of Systematic Records
• § 30.20 — Family Violence
• § 30.200 — Family Violence Registry: Central Database of Offenders Who Have Committed Offenses Involving Family Violence, to be Known and Cited as the “Family Violence Registry Act.” (a) The Office of the Attorney General, with the mandatory cooperation of law enforcement agencies, shall maintain a computerize
• § 30.21 — Conditions of Release
• § 30.30 — Powers and Duties of Peace Officers to Arrest for Crimes Involving Family Violence; Determination of Primary Aggressor; Required Report
• § 30.300 — Interfering with the Reporting of Family Violence
• § 30.31 — Mandatory Confinement
• § 30.32 — Duties of Peace Officers to Victim of Family Violence; Required Notice to Victim
• § 30.33 — Limitations of Liability
• § 30.40 — Violation of a Court Order
• § 30.400 — Release of Victims from Shared Wireless Plans
• § 30.50 — Authority of Peace Officer to Seize Weapons
• § 30.60 — Disclosure of Family Violence Shelter
• § 30.61 — Such section does not exist since Chapter 30, of which it ought to be a part, was enacted by the same law which repealed this Section
• § 30.70 — Spousal Privileges Inapplicable in Criminal Proceedings Involving Family Violence
• § 30.80 — Deferred Guilty Plea for Family Violence
• § 30.90 — Establishment and Requirement of the Domestic Abuse Response Team (DART)
• § 31 — Amended by P.L
• § 31.10 — Bigamy; Defined & Punished
• § 31.15 — Incest: Defined & Punished
• § 31.20 — Abortion
• § 31.21 — Providing or Administering Drug or Employing Means to Cause an Abortion
• § 31.22 — Soliciting and Taking Drug or Submitting to an Attempt to Cause an Abortion
• § 31.23 — Soliciting to Submit to Operation, Etc., to Cause an Abortion
• § 31.30 — Child Abuse; Defined & Punished
• § 31.35 — Reporting of Suspected Child Abuse to Department of Public Health and Social Services
• § 31.37 — Registry of Cases of Suspected Child Abuse Reported to Department of Public Health and Social Services
• § 31.40 — Abuse of An Incompetent; Defined & Punished
• § 31.45 — Failure to Provide; Defined & Punished
• § 31.50 — Surety for Support
• § 31.55 — Fine Imposed May be Used for Support
• § 31.60 — In an apparent typographical error, Section 3 of P.L
• § 31.65 — Curfew Hours for Minors
• § 31.70 — Leaving Children Unattended or Unsupervised in Motor Vehicles; Penalty; Authority of Law Enforcement Officer
• § 32.10 — General Definitions
• § 32.20 — Financial Exploitation of an Elderly Person or Individual with a Disability: Defined
• § 32.30 — Permissive Presumption of Exploitation
• § 32.40 — Financial Exploitation of an Elderly Person or Individuals with a Disability: Punished