Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 10.10 No Limit on Murder Prosecutions
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A prosecution for murder may be commenced at any time. COMMENT: Section 10.10 continues a portion of former § 799; it reflects, however, a decision that murder stands alone and merits treatment different from all other serious crimes. See 9 GCA § 16.30. This decision is also refl…
8 GCA § 10.15 Limitation on Sex Crimes, Kidnapping, Child Pornography
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and Family Violence. A prosecution for a violation of Chapters 22, 25, 25.1, 28 and 30 of Title 9 GCA, or a violation of Chapter 13 of Title 9 GCA, committed in conjunction with a violation of Chapters 22, 25, 25.1 and 30 of Title 9 GCA, involving a person under the age of majori…
8 GCA § 10.16 No Limitation on Sex Crimes Committed Against Victims
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Under the Age of Majority. COL11292012 If the offense is a violation of Chapter 25 of Title 9, Guam Code Annotated, and the victim was under the age of majority or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committe…
8 GCA § 10.17 No Limitation on Crimes of First or Second Degree Criminal
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Sexual Conduct. If the offense is a violation of § 25.15 or § 25.20 of Chapter 25, Title 9, Guam Code Annotated, a prosecution of the offense may be commenced at any time. This Section applies to any such offense except an offense the prosecution of which would have been barred b…
8 GCA § 10.20 Statute of Limitation of Felonies
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(a) A prosecution of murder shall have no statute of limitation; (b) A prosecution of criminal sexual conduct involving persons under the age of consent shall be in accordance with § 10.15 of this Title; (c) A prosecution for any other felony shall be commenced within three (3) y…
8 GCA § 10.25 Definition of Age of Consent
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For purposes of this Chapter, age of consent means the age of sixteen (16). SOURCE: Added by P.L. 21-89:3 (1/27/92). COMMENT: (Original Enactment): Section 10.20 continues the substance of former § 800 except, of course, it now includes all felonies other than murder. See also §§…
8 GCA § 10.30 All Other Non-Felonies - Limitation
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COL11292012 A prosecution for any offense which is not a felony shall be commenced within (1) year after it is committed. COMMENT: Section 10.30 continues the substance of former § 801. See also §§ 10.60 (time offense committed); 10.70 (time prosecution commenced).
8 GCA § 10.40 Exception for Public Officers
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Notwithstanding §§ 10.20 and 10.30, a prosecution may be commenced against a public officer or employee or any person acting in complicity with such public officer or employee for any offense based upon misconduct in office by such public officer or employee at any time while suc…
8 GCA § 10.50 When Time Stops Running Temporarily
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The periods of limitation provided by this Chapter do not run during any time when a criminal action against the defendant for the same conduct is pending in this Territory, even if the accusatory pleading is later set aside, the action is later dismissed, or the conviction is la…
8 GCA § 10.60 When Offense Is Committed
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An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the o…
8 GCA § 10.70 Prosecution Commenced; When
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A prosecution is commenced when either an indictment is presented in open court and there received and filed or a complaint is filed. COMMENT: Section 10.70 continues the substance of former § 803. See also Model Penal Code § 1.06(5); 1 New Jersey Criminal Law Revision Commission…