Title 9, Crimes and Corrections

(a) An offense defined by this Code or by any other statute of Guam, for which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, misdemeanors or petty misdemeanors. (b) A crime is a felony if it is so designated in this Code or if p…

(a) Felonies defined by this Code are classified, for the purpose of sentence, into three degrees, as follows: (1) felonies of the first degree; (2) felonies of the second degree; (3) felonies of the third degree. Any crime declared to be a felony, without specification of degree…

(a) No conduct constitutes an offense unless it is a crime or violation under this Code or other statute of Guam. (b) The provisions of this Code shall apply to offenses defined by other statutes, unless otherwise expressly provided or unless the context otherwise requires. (c) N…

When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if: (a) one offense is included in the other as defined in § 105.58 of the…

A prosecution of a defendant for a violation of the same provision of the statutes based upon the same facts as a former prosecution is barred by such former prosecution under the following circumstances: (a) The former prosecution resulted in an acquittal by a finding of not gui…

A prosecution of a defendant for a violation of a different provision of the statutes or based on different facts than a former prosecution is barred by such former prosecution under the following circumstances: (a) The former prosecution resulted in an acquittal or in a convicti…

When conduct constitutes an offense within the concurrent jurisdiction of Guam and of the United States or any state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in Guam under the following circumstances: (a) the first prosecution resulted in…

A prosecution is not a bar within the meaning of §§ 1.24, 1.26 and 1.28 under either of the following circumstances: (a) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense tried in that court; or (b) The former prosecution result…

Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this Code. SOURCE: Cal. § 105 (1971). CROSS-REFERENCES: See § 1.14 of this Title.

Chapter, article and section headings do not in any manner affect the scope, meaning or intent of the provisions of this Code. SOURCE: Cal. § 106 (1971).

Whenever any reference is made to any portion of this Code or of any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.

The present tense includes the past and future tenses; and the future, the present.

The masculine gender includes the feminine and neuter.

The singular number includes the plural; and the plural, the singular.

Shall is mandatory and may is permissive. SOURCE: Guam PC § 7; Cal. §§ 108, 109, 110, 111 and 112 (1971). COMMENT: §§ 1.38 through 1.48 provide for general rules of construction of this Code and make clear (§ 1.38) that amendments and additions to statute mentioned in this Code a…

This Code does not affect any authority otherwise conferred by law upon any court-martial or other military authority or officer to prosecute and punish persons violating such codes or laws. SOURCE: Guam PC § 11. COMMENT: § 1.50 restates a portion of former § 11 the Penal Code. T…

Unless otherwise expressly stated: (a) Chapter means a chapter of this Title. (b) Article means an article of the chapter in which that term occurs. (c) Section means a section of this Code. (d) Subsection means a subsection of the section in which that term occurs. (e) Paragraph…

As used in this Code, peace officer has the meaning provided by 8 GCA § 5.55 of the Criminal Procedure Code. AG OPINION #78-19: Alcoholic Beverage Control inspectors have not been classified as peace officers within the meaning of this Section.

As used in this Code, Territory means Guam. 2024 NOTE: As enacted, this provision stated: “As used in this Code, Territory means the territory of Guam.” Pursuant to 1 GCA § 420, which was “intended to prohibit, among other things, official government use of the term territory of …

COMMENT: Section 1.16 supersedes former Guam PC § 27 and is based upon M.P.C. § 1.03 with a modification (Subsection (f)) suggested by the New Jersey Criminal Law Revision Commission. It is not expected that Guam would have as many problems with interstate crime as are found in t…