Agricultural Products. In any case where there is a conviction under the provisions of Chapter 43 of this Code and the property stolen by the
defendant was livestock or agricultural product, as that term is used in § 43.10(d) of this Article, in addition to a fine or imprisonment imposed, the court shall direct that the defendant pay to the owner of the stolen livestock its fair market value, or to the owner of the stolen agricultural product the production costs and fair market value as determined by the court upon consultation with the Department of Agriculture. Failure to make such payments shall be deemed a failure to pay a fine and punished accordingly, which may include, but shall not be limited to, the confiscation of a defendant’s personal property such as the vehicle, or vehicles, or any equipment used in the theft. If a defendant is found unable to pay due to financial hardship, the court may require, but not be limited to: the auctioning of all personal property confiscated in accordance with this Section, or the performing of Alternative Community Service hours credited against the fine, or reimbursement imposed, or both, pursuant to Article 6 of Chapter 80, Title 9, Guam Code Annotated. SOURCE: P.L. 13-204, 13th Guam Legislature. Amended by P.L. 36- 010:1 (Apr. 9, 2021). CROSS-REFERENCES: § 80.56 - Failure to pay fine; § 80.52 (c) - Superseded for purposes of this Section only - Restitution in place of fine. COMMENT: The Legislature, by P.L. 13-204, determined that cattle stealing had such a serious impact upon the farmers whose cows were stolen that restitution should be the paramount concern. An identical Section, § 490.1, was added to the Guam Penal Code to be effective on December 17, 1976.