Definitions

9 GCA § 52.10 — under Perjury and Offense Against the Integrity of Official Proceedings.

9 GCA § 52.10

As used in this Chapter: (a) official function and public servant have the meanings provided for those terms by § 49.10. (b) material statement means a statement which affected or could have affected the course or outcome of a proceeding, regardless of its admissibility under rules of evidence. (c) Official proceeding means a proceeding before any court, body, agency, public servant or other person authorized by law to conduct such proceeding and to administer an oath or cause it to be administered, including any referee, hearing officer, commissioner,

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notary or other person taking testimony or deposition in connection with any such proceeding. (d) public record means any record, document, thing belonging to, or received or kept by the Government of Guam or any governmental instrumentality within the Territory. (e) statement means any non-trivial representation, but a representation of opinion, belief or other state of mind is a statement only if it clearly relates to a state of mind apart from or in addition to the facts which it otherwise represents. (f) statement under oath means (1) a statement made pursuant to a swearing, an affirmation, or any other mode authorized by law of attesting to the truth of that which is stated; and (2) a statement made on a form bearing notice, authorized by law, to the effect that false statements made therein are punishable. (3) testimony means oral or written statements, documents or any other material which may be offered by a witness in an official proceeding. SOURCE: G.P.C. §§ 119, 120; See also § 124; M.P.C. §§ 240.0, 241.0; *Cal. § 1000 (T.D. 3, 1969); Cal. § 1100 (1971); Mass. ch. 268, § 1; N.J. § 2C:27-1, 2C:28-1. COMMENT: Note that the definition of Astatement@ in § 52.10(e) would exclude many of the statements of opinion of witnesses at the recent hearings held by the Select Committee on Police Corruption where a person was reminded that he was Aunder oath@ and then asked to subjective opinion about a subject.