[Repealed.] SOURCE: Repealed and reenacted by P.L. 25-164:V:12 (Sept. 26, 2000). Repealed by P.L. 36-071:11 (Dec. 27, 2021). 2022 NOTE: Prior to its repeal by P.L. 36-071:11 (Dec. 27, 2021), this provision stated: All fines collected by the Superior Court of Guam for violation of this Act shall be placed in a special fund maintained by the Superior Court of Guam for the sole use by Superior Court of Guam. Said fund shall be maintained separately by the Superior Court of Guam from the General Fund to be called the “Drug Treatment and Enforcement Fund.” Funds so placed shall be used exclusively for the support of drug treatment, education and enforcement efforts.
ARTICLE 4A USE OF A MINOR IN A DRUG OPERATION
2013 NOTE: Recodified by the Compiler to adhere to the GCA’s alpha-numeric scheme.
§ 67.4A01. Short Title. § 67.4A02. Use of a Minor. § 67.4A03. First Offense Penalty. § 67.4A04. Second Offense Penalty. § 67.4A05. Ignorance of Age is Not a Defense. § 67.4A06. Mandatory Sentence. § 67.4A07. Severability Clause.
§ 67.4A01. Short Title. This Article shall be known and may be cited as the “Use of a Minor in Drug Operations Act”. SOURCE: Added as § 4A101 by P.L. 29-143:1 (Jan. 30, 2009). Codified by the Compiler as § 67.450.1. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606 to maintain the numbering scheme of this chapter.
COL 2024-12-05
§ 67.4A02. Use of a Minor. It is unlawful for any individual eighteen (18) or more years of age knowingly or intentionally to solicit, induce, encourage, intimidate, employ, hire, or use an individual under eighteen (18) years of age to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any controlled substance. SOURCE: Added as § 4A102 by P.L. 29-143:1 (Jan. 30, 2009). Codified by the Compiler as § 67.450.2. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606 to maintain the numbering scheme of this chapter.
§ 67.4A03. First Offense Penalty. A person who violates § 67.4A02 is guilty of a second degree felony and upon conviction is punishable by a mandatory term of incarceration in a correctional facility of not less than ten (10) years and not more than twenty (20) years and a fine of up to Three Hundred Thousand Dollars ($300,000). SOURCE: Added as § 4A102 by P.L. 29-143:1 (Jan. 30, 2009). Codified by the Compiler as § 67.450.3. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606 to maintain the numbering scheme of this chapter.
§ 67.4A04. Second Offense Penalty. An individual who violates § 67.4A02 of this Article after a previous conviction under that Section is punishable by a mandatory term of incarceration in a correctional facility of not less than twenty (20) years and not more than life and a fine of up to Five Hundred Thousand Dollars ($500,000). SOURCE: Added as § 4A102 by P.L. 29-143:1 (Jan. 30, 2009). Codified by the Compiler as § 67.450.4. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606 to maintain the numbering scheme of this chapter.
§ 67.4A05. Ignorance of Age is Not a Defense. It is not a defense to a violation of this Article that the accused did not know the age of the individual protected under this Article. SOURCE: Added as § 4A102 by P.L. 29-143:1 (Jan. 30, 2009). Codified by the Compiler as § 67.450.5. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606 to maintain the numbering scheme of this chapter.
§ 67.4A06. Mandatory Sentence. Notwithstanding any other provision of this Chapter (Guam Uniform Controlled Substance Act), with respect to an individual who is found to have violated this Article, adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld; nor may the individual be eligible for parole before serving the mandatory term of incarceration prescribed by this Article. SOURCE: Added as § 4A102 by P.L. 29-143:1 (Jan. 30, 2009). Codified by the Compiler as § 67.450.6. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606 to maintain the numbering scheme of this chapter.
§ 67.4A07. Severability Clause. If any provision of this Article, or its application to any person or circumstance, is held invalid, that determination shall not affect the provisions or applications of this Article that can be given effect without the invalid provision or application, and to that end the provisions of this Article are severable. SOURCE: Added as § 4A102 by P.L. 29-143:1 (Jan. 30, 2009). Codified by the Compiler as § 67.450.7. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606 to maintain the numbering scheme of this chapter.
ARTICLE 5 ENFORCEMENT AND ADMINISTRATIVE PROVISIONS
SOURCE: Article 5 was repealed and reenacted by P.L. 24-149:2 (Mar. 25, 1998).