Title 9 — Crimes and Corrections
48 chapters · 842 sections in this title.
9 GCA § 30.10 Definitions
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As used in this Chapter: (a) “Family violence” means the occurrence of one (1) or more of the following acts by a family or household member, but does not include acts of self-defense or defense of others: (1) Attempting to cause or causing bodily injury to another family or hous…
9 GCA § 30.100 Maintenance of Systematic Records
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(a) Law enforcement agencies shall maintain a complete and systematic record of all protection orders with respect to family violence incidents, including orders which have not yet been served, restraining orders, and proofs of service in effect. This shall be used to inform law …
9 GCA § 30.20 Family Violence
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(a) Any person who intentionally, knowingly, or recklessly commits an act of family violence, as defined in § 30.10 of this Chapter, is guilty of a misdemeanor, or of a third degree felony, and shall be sentenced as follows: (1) for the first offense, the court shall impose a sen…
9 GCA § 30.200 Family Violence Registry: Central Database of Offenders Who Have Committed Offenses
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Involving Family Violence, to be Known and Cited as the “Family Violence Registry Act.” (a) The Office of the Attorney General, with the mandatory cooperation of law enforcement agencies, shall maintain a computerized registry database containing information regarding persons who…
9 GCA § 30.21 Conditions of Release
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(a) Should a person, charged with a crime involving family violence or a violation of a court order, be released, the court may impose the following conditions of release: (1) an order enjoining the person from threatening to commit or committing acts of family violence against t…
9 GCA § 30.30 Powers and Duties of Peace Officers to Arrest for Crimes Involving Family Violence;
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Determination of Primary Aggressor; Required Report. (a) If a peace officer has reasonable cause to believe that a person has committed a felony or misdemeanor involving family violence, the peace officer shall presume that arresting and charging the person is the appropriate res…
9 GCA § 30.300 Interfering with the Reporting of Family Violence
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(a) Any person commits the crime of interfering with the reporting of family violence if the person: (1) commits an act of family violence, as defined in § 30.10 of this Chapter; and (2) intentionally, knowingly, or recklessly prevents or attempts to prevent the victim of or a wi…
9 GCA § 30.31 Mandatory Confinement
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When a peace officer makes an arrest for family violence the arrestee shall be confined until the magistrate’s hearing, unless released earlier by the Office of the Attorney General. SOURCE: Added by P.L. 24-239:6 (Aug. 14, 1998). COL 2024-12-05
9 GCA § 30.32 Duties of Peace Officers to Victim of Family Violence; Required Notice to Victim
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(a) Peace officers shall respond to every request for assistance or protection, from or on behalf of a victim of alleged family violence, whether or not an order has been issued against the alleged abuser. (b) A high priority shall be assigned to calls involving alleged incidents…
9 GCA § 30.33 Limitations of Liability
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Law enforcement agencies and peace officers shall not be liable for personal injury or property damage which occurs in the course of any good-faith effort to protect a victim of family violence, including, but not limited to, action taken during the course of an arrest, an attemp…
9 GCA § 30.40 Violation of a Court Order
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(a) Any knowing violation of any of the following court orders shall be a misdemeanor punishable by imprisonment of no less than forty-eight (48) hours and not more than one (1) year, and by a fine of not more than One Thousand Dollars ($1,000): (1) an order enjoining a person fr…
9 GCA § 30.400 Release of Victims from Shared Wireless Plans
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(a) For purposes of this Section: (1) “Abuser” means an individual who has committed or allegedly committed an act or conduct described in Subsections (a)(2), (3) and (4) of this Section; (2) “Family violence” means any act or conduct described in 9 GCA § 30.10(a); (3) “Sexual as…
9 GCA § 30.50 Authority of Peace Officer to Seize Weapons
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For a crime involving family violence, a peace officer: (a) Shall, incident to an arrest, seize all weapons that are alleged to have been involved or threatened to be used in the commission of a crime. (b) May seize a weapon that is in the plain view of the officer or was discove…
9 GCA § 30.60 Disclosure of Family Violence Shelter
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(a) Any person who knowingly publishes, disseminates, or otherwise discloses the location of any family violence shelter or any place designated as a family violence shelter with the intent to harass, annoy, harm, or injure in any way another person, or to thwart or interfere in …
9 GCA § 30.70 Spousal Privileges Inapplicable in Criminal Proceedings Involving Family Violence
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Notwithstanding any other provision of law, the following evidentiary privileges do not apply in any criminal proceeding in which a spouse or other family or household member is the victim of an alleged crime involving family violence: COL 2024-12-05 (a) the privilege not to test…
9 GCA § 30.80 Deferred Guilty Plea for Family Violence
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Upon a proper motion, when a defendant voluntarily pleads guilty, prior to the commencement of trial, to a misdemeanor charge of family violence, as defined in this Chapter, he or she is found eligible for a deferred guilty plea pursuant to § 30.80.1 of this Chapter, and the defe…
9 GCA § 30.80.1 Deferred Plea Eligibility
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Notwithstanding any other provision of law, and upon the determination of the judge, this § 30.80.1 shall apply whenever a case is before the court upon an accusatory pleading for any criminal act against a family or household member as defined in Subsection (b) of § 30.10 of thi…
9 GCA § 30.80.2 Deferred Guilty Plea Hearing
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(a) Upon noticed motion, the court shall hold a hearing and, after consideration of any and all information the court believes to be relevant to its decision, the court shall determine if the defendant consents to further proceedings under this § 30.80.2 and waives his or her rig…
9 GCA § 30.80.3 Enforcement of a Deferred Plea Proceedings; Dismissal
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If it appears to the prosecuting attorney, the court or the probation department that the defendant under § 30.80.1 of this Chapter is performing unsatisfactorily in the assigned program, or that the defendant is not benefiting from education, counseling and/or treatment program(…
9 GCA § 30.80.4 Use of Arrest Record Following Successful Completion of Deferred Plea Agreement
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Any records filed with the Guam Police Department and the Office of the Attorney General, Prosecution Division, shall set out the disposition of those cases for which a deferred guilty plea has been dismissed pursuant to § 30.80.1 of this Chapter. Upon successful completion of a …
9 GCA § 30.80.5 Counseling and Education Programs
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(a) If a person is ordered to complete education, counseling and/or treatment program(s) as a result of being in diversion, entering a deferred plea of guilty to family violence, or is adjudged guilty of family violence, he or she shall be ordered to pay a fee to the Superior Cou…
9 GCA § 30.90 Establishment and Requirement of the Domestic Abuse Response Team (DART)
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(a) The Chief of Police shall establish, as an integral division of the Guam Police Department, the Domestic Abuse Response Team (DART) unit consisting of peace officers, social workers, victim advocates or other persons who completed the Family Violence Training Program, or spec…