No person may be tried for or convicted of an offense if: (a) his age at the time he is charged with an offense places him within the exclusive jurisdiction of the Family Division of the Superior Court; (b) he was made the subject of a petition to commence proceedings in the juvenile court because of having committed the offense and the juvenile court has not made an order that he be prosecuted under general law; or (c) he was certified to the juvenile court and the juvenile court has not made an order directing that he be prosecuted under general law. SOURCE: Guam P.C. § 26(1) (2); M.P.C. § 4.10; Cal. § 408 (T.D.1, 1967); *Cal. § 500 (1971); Mass. ch. 263, § 24; N.J. § 2C:4-10; Subsection (a) amended by P.L. 17-012:3 (June 22, 1983). CROSS-REFERENCES: Code of Civil Procedure §§ 252, 253, 255. COURT DECISIONS: D.C. GUAM: APP. DIV., 1982 § 7.10 (as it existed at the time of this case) repealed by implication portions of §§ 250 to 253 of the Code of Civil Procedure, with the result that the determination of whether or not a person is a minor depends upon the time the alleged crime was committed, not the age at which the minor was apprehended or charged. People v. Quinata D.C. #CR-81-004A; Aff’d C.A.9. [Note that the Legislature, by P.L. 17- 012 (June 22, 1983) (Bill 78), repealed and reenacted 9 GCA § 7.10 to, specifically, reverse this decision.]
COL 2026-04-23
ARTICLE 2 MENTAL RESPONSIBILITY