(a) A person is guilty of assault if he: (1) either recklessly causes or attempts to cause bodily injury to another; (2) recklessly uses a deadly weapon in such a manner as to place another in danger of bodily injury; or (3) by physical menace intentionally puts or attempts to put another in fear of imminent bodily injury. (b) [No text] (1) An assault against a peace officer who is performing his official duties as a peace officer is a felony of the third degree if the perpetrator knew or should have known that the victim was a peace officer. (A) In any assault against a peace officer, the jury shall, with any finding of guilty, also return a finding as to whether the perpetrator had actual knowledge that the victim was a peace officer. (B) If the jury finds that the perpetrator had actual knowledge that the victim was a peace officer, the court shall impose a minimum sentence of one (1) year in prison without suspension, probation, parole, or work release. (2) For purposes of this § 19.30, “peace officer” means one so defined in § 5.55, Title 8, Guam Code Annotated, and to also include those individuals serving in a volunteer law enforcement capacity within any government of Guam law enforcement entity. (c) An assault committed by a peace officer on a person in his custody or control, without any provocation whatsoever and with the use of excessive force, is a felony of the third degree. (d) An assault committed in a fight or scuffle entered into by mutual consent is a petty misdemeanor.
COL 2026-04-23
(e) Any other assault is a misdemeanor. SOURCE: G.P.C. §§ 149, 225, 227, 240-243, 245, 273, 347, 361, 380, 417, 601; M.P.C. § 211.1(1); *Cal. § 1510 (T.D.2 1968); Cal. §§ 824, 832, 836 (1971); Mass. ch. 265, §§ 8 and 11; N.J. § 2C:12-1. Amended by P.L. 20-226:1 (Jan. 28, 1991). Subsection (b) amended by P.L. 29-095:1 (July 22, 2008). 2026 NOTE: The Compiler has added “no text” to indicate a change in formatting only; the content of the provision has not been altered. 2017 NOTE: Subsection designations added/altered pursuant to the authority of 1 GCA § 1606. COMMENT: § 19.30 supersedes a variety of former Penal Code sections with the following consequence. The Guam Penal Code distinguishes between assault and battery with respect to both definition and penalty. The new definition of assault includes both such former offenses. Guam Penal Code § 240 required a “present ability” for an assault. No specific inclusion exists under the present section as the general attempt provisions will be controlling on this issue. This Section specifically provides that an assault can be committed recklessly, a lower level of culpability than the Guam Penal Code language of “attempt to commit” or “willful and unlawful” infliction of injury. (Guam Penal Code §§ 240 and 242) California is equivocal on the issue and this Section probably represents the existing state of California law. In any event, it is to be read as part of this Code and not part of one or other of the California lines of authority based upon law which has not been enacted here. The penalty for assault is a misdemeanor unless the injury was caused by a typical fight or scuffle entered into by mutual consent, the latter being a petty misdemeanor. It would be necessary, therefore, to present evidence in such cases to show that the defendant victimized the victim without his consent in order to obtain the higher penalty. Likewise, a defense to the higher penalty would appear to be that the fight was started upon the mutual consent of the parties. What is a mutual consent will have to be determined by a jury. Instructions must be developed for this instance.