Title 9 — Crimes and Corrections
48 chapters · 842 sections in this title.
9 GCA § 4.10 Conduct to Include Voluntary Act or Omission
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A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. COL120106 SOURCE: Guam PC, § 20; M.P.C. § 2.21 (1); *Cal. § 400 (T.D. 1, 1967); Cal. § 400 (1971); Mas…
9 GCA § 4.15 Voluntary Act Defined
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(a) A voluntary act is one performed consciously as a result of effort or determination. (b) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his control of it for sufficient time to have been able to terminate his…
9 GCA § 4.20 Liability for Omission Limited
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A person is not guilty of an offense if his liability is based solely on an omission unless the law defining the offense expressly so provides, or a duty to perform the act is otherwise imposed by law. SOURCE: M.P.C. § 2.01 (3); *Cal. § 402 (T.D.1 1967); Cal. § 405 (B) (2) 1971; …
9 GCA § 4.25 Culpability
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Except as provided in § 4.45, a person is not guilty of a crime unless he acts intentionally, knowingly, recklessly or with criminal negligence, as the law may require, with respect to the conduct, the result thereof or the attendant circumstances which constitute the material el…
9 GCA § 4.30 Culpability Defined
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(a) A person acts intentionally, or with intent, with respect to his conduct or to a result thereof when it is his conscious purpose to engage in the conduct or cause the result. (b) A person acts knowingly, or with knowledge, with respect to his conduct or to attendant circumsta…
9 GCA § 4.35 Culpability Applied to Elements of Offense
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(a) If the definition of an offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state shall apply to each such material element. (b) If the definition of a crime prescri…
9 GCA § 4.40 Culpable Mental State Generally Required
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Except as provided in § 4.45, if the definition of a crime does not expressly prescribe a culpable mental state, a culpable mental state is nonetheless required and is established only if a person acts intentionally, knowingly or recklessly. SOURCE: Guam PC, § 20; M.P.C. § 2.02; …
9 GCA § 4.45 Same: When Inapplicable
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The culpable mental state requirements of § 4.25 and § 4.40 do not apply if the offense is a violation or if the law defining the offense clearly indicates a purpose to dispense with any culpable mental state requirement. SOURCE: M.P.C. § 2.05; *Cal. § 407 (T.D.1 1967); Mass. ch.…
9 GCA § 4.50 Causation Established and Defined
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(a) An element of an offense which requires that the defendant have caused a particular result is established when his conduct is an antecedent but for which the result would not have occurred, and, (1) if the offense requires that the defendant intentionally or knowingly caused …
9 GCA § 4.55 Guilt Established by Causing or Aiding Innocent Party in
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Commission of Crime. A person is guilty of an offense if, acting with the culpability required for the offense, he causes or aids an innocent or non-responsible person to engage in conduct prohibited by the definition of the offense. SOURCE: G.P.C. § 31; M.P.C. § 2.06(2); *Cal. §…
9 GCA § 4.60 Guilt Established by Complicity
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A person is guilty of an offense if, with the intention of promoting or assisting in the commission of the offense, he induces or aids another person to commit the offense. If the definition of the offense includes lesser offenses, the offense of which each person shall be guilty…
9 GCA § 4.65 Criminal Facilitation Established and Punished
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A person is guilty of criminal facilitation when, knowing that another person intends to engage in conduct which in fact constitutes a crime, he knowingly furnishes substantial assistance to him. Criminal facilitation of a felony of the first degree is a felony of the third degre…
9 GCA § 4.70 Criminal Liability for Acts of Another: Non-Availability of
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Certain Defenses. In any prosecution in which the criminal liability of the defendant is based upon the conduct of another person, it is no defense that: (a) the offense can be committed only by a particular class of persons to which the defendant does not belong; or (b) the othe…
9 GCA § 4.75 Same: Defenses Available
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COL120106 Unless otherwise provided by law, in any prosecution in which the criminal liability of the defendant is based upon the conduct of another person, it is a defense that: (a) the defendant was a victim of the offense; or (b) under circumstances manifesting a voluntary and…
9 GCA § 4.80 Criminal Liability of Corporations
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(a) A corporation may be convicted of: (1) any offense committed in furtherance of its affairs on the basis of conduct performed, authorized, requested, commanded or recklessly tolerated by (A) the board of directors; (B) a managerial agent acting in the scope of his employment; …