As used in this Chapter: (a) “Family violence” means the occurrence of one (1) or more of the following acts by a family or household member, but does not include acts of self-defense or defense of others: (1) Attempting to cause or causing bodily injury to another family or household member; (2) placing another family or household member in reasonable fear of imminent bodily injury; or (3) Knowingly or intentionally, against the will of another, impeding the normal breathing or circulation of the blood of a family or household member by applying pressure to the throat or neck or by blocking the nose or mouth of a family or household member. (b) “Family or household members” include: (1) Adults or minors who are current or former spouses; (2) Adults or minors who live together or who have lived together;
COL 2024-12-05
(3) Adults or minors who are dating or who have dated; (4) Adults or minors who are engaged in or who have engaged in a sexual relationship; (5) Adults or minors who are related by blood or adoption to the fourth degree of affinity; (6) Adults or minors who are related or formerly related by marriage; (7) Persons who have a child in common; and (8) Minor children of a person in a relationship described in paragraphs (1) through (7) above. (c) “Bodily injury” as used in this Chapter, has the same meaning as that provided in subsection (b) of § 16.10 of this title; (d) “Attempt” as used in this Chapter, has the same meaning as that provided in § 13.10 of this title; (e) “Peace officer” means any person so defined in 8 GCA § 5.55; (f) “Victim” means any natural person against whom a crime, as defined under the laws of Guam, has been committed or attempted to be committed; (g) “Witness” means any natural person, (1) having knowledge of the existence or nonexistence of facts relating to any crime, or (2) whose declaration under oath is received or has been received as evidence for any purpose, or (3) who has reported any crime to any peace officer, or (4) who has been served with a subpoena issued under the authority of any court in Guam, or (5) who would be believed by any reasonable person to be an individual described in subparagraphs (1) through (4), above, inclusive; (h) “Prosecuting attorney” as used in this Chapter means the Attorney General of Guam and those persons employed by the Attorney General’s office specifically designated by the Attorney General. SOURCE: Added by P.L. 22-160:2 (Dec. 30, 1994). Subitem (a)(3) added by P.L. 33-205:2 (Dec. 15, 2016). Subitem (a)(2) was struck down in People v. Shimizu, 2017 Guam 11, and amended by P.L. 34-062:2 (Nov. 9, 2017). 2017 NOTE: The Supreme Court of Guam struck down subsection (a)(2), holding it was “facially invalid because it is unconstitutionally vague.” People v. Shimizu, 2017 Guam 11. Prior to being found invalid, subsection (a)(2) stated: “Placing a family or household member in fear of bodily injury.” 2013 NOTE: Numbers and/or letters in subsection (g) were altered to adhere to the Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606.