Felonies Defined and Classified

(a) Felonies defined by this Code are classified, for the purpose of sentence, into three degrees, as follows: (1) felonies of the first degree; (2) felonies of the second degree; (3) felonies of the third degree. Any crime declared to be a felony, without specification of degree, is of the third degree. (b) Notwithstanding any other provision of law, a felony defined by any statute of Guam other than this Code shall constitute for the purpose of sentence a felony of the third degree. SOURCE: *M.P.C. § 6.01; Cal. § 203 (T.D. 2, 1968); cf. Cal. § 303 (1971); Mass. ch. 263, § 4; N.J. § 2C:43-1. CROSS-REFERENCES: See Index for listing of felonies by Degree. COMMENT: This Section is designed to end the proliferation of sentences, both maximum and minimum, for crimes which have been defined to be felonies. The Guam Penal Code contains no equivalent Section. The Penal Code also contains no logical scheme for the establishment of felony sentences. Rather, establishment of sentences appears to have been accomplished on a crime-by-crime basis, as the particular crimes were prohibited by law. No reference has been made to other parts of the Code, or to similar crimes. For instance, in the Penal Code, the completed crime of mayhem carries a lesser maximum sentence (10 years) than the crime of assault with intent to commit mayhem (14 years). (§§ 204 and 220, resp.). Many other examples could be cited. This Section places all felonies into one of three classes and states how other felonies, merely stated as such, are to be treated. 2024 NOTE: Reference to “this Territory” replaced with “Guam” pursuant to 1 GCA § 420.