Vulnerable Victim Sentencing Enhancement

(a) Whoever commits or attempts to commit upon a vulnerable victim, a violent felony as defined in 9 GCA, § 80.70, or theft as a second degree or third degree felony under 9 GCA, § 43.15, § 43.20, § 43.30, § 43.35, § 43.40, § 43.45, § 43.50, § 43.55, or § 43.60, or crimes of forgery or fraudulent practices under 9 GCA, § 46.10, § 46.15, § 46.20, § 46.25, § 46.35, § 46.50, § 46.75, or § 46.80, shall, in addition to the sentence imposed for the commission of such felony, be imprisoned for a term of not less than five years nor more than twenty-five years, or shall, in addition to the sentence imposed for the commission of a misdemeanor or petty misdemeanor, be imprisoned for a term of not less than sixty days nor more than one year. (b) A sentence imposed under Subsection (a) of this Section for a felony shall include a special parole term of not less than three years nor more than five years, in addition to the term of imprisonment. No person convicted and sentenced under this Section for a felony shall be eligible for parole or probation until he serves at least five years in prison, or no person convicted and sentenced under this Section for a misdemeanor or petty misdemeanor shall be eligible for probation until he serves at least sixty days in jail or prison. (c) A vulnerable victim is defined as the following: (1) an elderly person or senior citizen who is fifty-five years old or older at the time of the crime committed upon him or her; (2) a child who is thirteen years old or younger at the time of the crime committed upon him or her; (3) a tourist or visitor (A) who is a citizen and resident of a country other than the United States, or its territories, and visiting Guam with a round-trip airline ticket for a duration of no more than forty- five days, or (B) who is a citizen or national or permanent resident of the United States, but is not a resident of Guam, and is visiting Guam with a round-trip airline ticket for a duration of no more than forty-five days; (4) an individual who at the time of the crime committed upon him or her has a physical or mental disability or disabilities, as defined in a provision of local or federal law, or as certified by a physician or mental health professional; or (5) any person who is a victim of a crime, as identified in this Act, committed by two or more individuals. SOURCE: Added as § 80.37.6 by P.L. 32-143:2 (Apr. 28, 2014). Codified to this section by the Compiler in accordance with the authority granted by 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.