(a) Whoever unlawfully possesses or uses a deadly weapon in the commission of a felony punishable under the laws of Guam shall, (1) in addition to the punishment imposed for the commission of such felony, be imprisoned for a term of not less than five (5) years nor more than twenty-five (25) years; and whoever unlawfully possesses or uses a firearm, as that term is defined in Title 10 Guam Code Annotated § 60100(a), in the commission of a felony punishable under the laws of Guam shall, in addition to the punishment imposed for the commission of such felony, be imprisoned for a term of not less than ten (10) years nor more than twenty-five (25) years; and (2) shall be fined not less than one thousand dollars ($1,000), but not more than five-thousand ($5,000), which fine shall be payable to the Criminal Injuries Compensation fund. (b) The sentence shall include a special parole term of not less than three (3) years in addition to such term of imprisonment. (c) No person convicted and sentenced hereunder shall be eligible for parole or probation until he shall have served at least five (5) years in prison. (d) No person convicted or sentenced hereunder shall be eligible to participate in any work release program until he shall have served at least five (5) years. (e) The term required to be imposed by this Section shall not run concurrently with any term of imprisonment imposed for the commission of any other felony. (f) Whoever possesses or uses an explosive device as defined in 10 GCA, Chapter 61, § 61100, or an improvised explosive device (defined as those devices that are placed or fabricated in an improvised manner incorporating destructive, lethal, noxious, pyrotechnic, or incendiary chemicals and designed to destroy, incapacitate, harass, or distract, which may incorporate military weapons, but are normally devised from non-military components) in the commission of a felony punishable under the laws of Guam shall, in addition to the punishment imposed for the commission of such felony, be imprisoned for a term of not less than ten (10) years nor more than twenty-five (25) years. SOURCE: Added by P.L. 14-143:1 (Sept. 29, 1978). Amended by P.L. 23-132:2 (Dec. 30, 1996). Subitem (a)(1) amended by P.L. 37-037:2 (Aug. 11, 2023). Subsection (f) added by P.L. 37-097:1 (June 5, 2024). 2018 NOTE: Subsection/subitem designations added pursuant to the authority of 1 GCA § 1606. 2014 NOTE: To maintain the existing codification scheme and to preserve the numbering scheme established in the Criminal and Correctional Code (1977), existing provisions that impose specific sentencing considerations or specific sentences were renumbered to follow § 80.37. Similar statutes enacted in the future will be codified in accordance with this numbering scheme.
COL 2024-12-05