Punishment.
(a) A person is guilty of a Crime Against the Community if that person knowingly takes, obtains or exercises unlawful control over government-owned, leased or borrowed property, or interferes with, obstructs, or takes action regarding government services in such a way that: (1) doing so creates a threat to the public health and safety; or (2) doing so results in a deprivation of public services, such as utility services, the education of public or private school students, or any government service intended to benefit the public; or (3) does so for a purpose other than the original purpose for which the property or services were to be provided. (b) A person is guilty of a Crime Against the Community if that person knowingly destroys, defaces, alters, tampers with or damages government-owned, leased or borrowed property. (c) A Crime Against the Community shall be alleged, in an information, complaint or indictment, as a Special Allegation which enhances punishment when the defendant is convicted of another offense. A Crime Against the Community shall be tried to a jury if the underlying crime is tried to a jury. (d) A person convicted of a Crime Against the Community shall be sentenced to: (1) Insofar as is practicable, make restitution to the victim of the crime, including the government of Guam or the Federal government; (2) Insofar as is practicable, perform community service intended to raise community awareness that a crime against the public interest has been committed and is being punished, including, but not limited to, repair, painting and cleaning of items which are stolen, damaged or defaced; or (3) Serve one (1) year of incarceration and pay an additional fine of up to Five Thousand Dollars ($5,000.00) in addition to the sentence imposed for the underlying crime, if the underlying crime is a misdemeanor or felony. The court may suspend said term of incarceration and impose a term of probation instead. SOURCE: Added by P.L. 28-39:2.