Title 9 — Crimes and Corrections

(a) A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, he: (1) falsely makes a written instrument by drawing a complete written instrument in its entirety, or an incom…

This Act may be cited as the Mortgage Fraud Act.

As used in this Act: (a) Mortgage lending process means the process through which a person seeks or obtains a mortgage loan, including solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of…

(a) A person commits the offense of mortgage fraud if the person does any of the following with the intent to defraud: (1) knowingly makes any material misstatement, misrepresentation, or omission during the mortgage lending process, intending that it be relied upon by a mortgage…

(a) Notwithstanding any other administrative, civil, or criminal penalties, a person who violates §46.102 of this Chapter is guilty of a: (1) misdemeanor when the value is or exceeds Three Hundred Dollars ($300) but is less than One Thousand Dollars ($1,000); (2) third degree fel…

(a) The Attorney General may employ: (1) An attorney licensed to practice law who: (A) has knowledge of the law related to mortgage fraud; and (B) if possible, has a background or expertise in investigating and prosecuting mortgage fraud. (2) At least two (2) investigators who ha…

A person commits a misdemeanor if, with intent to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does …

A person commits a felony of the third degree if, with intent to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording. SOURCE: G.P.C. § 617; *M.P.C. § 224.3; See Cal. …

A person commits a misdemeanor if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, with intent to deceive or injure anyone or to conceal any wrongdoing. SOURCE: G.P.C. §§ 115a, 471, 563, 563a, 554, 617, 620; See also §…

(a) Definitions. For the purpose of this section, the following terms have the meanings given them. (1) Check means a check, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument. (2) Credit means an arrangement or understanding with the drawee for the pay…

(a) A person commits an offense if he uses a credit card with the intent of obtaining property or services with knowledge that: (1) the card is stolen or forged; (2) the card has been revoked or cancelled; or (3) for any other reason his use of the card is unauthorized. (b) It is…

(a) A person commits a misdemeanor if in this course of business he: (1) uses or possesses for a false weight or measure, or any other device for falsely determining or recording any quality or quantity; (2) sells, offers or exposes for sale, or delivers less than the represented…

I Liheslaturan Guåhan finds that phishing or pharming are acts that defraud someone by using a false website, or pretending to be a legitimate business on the web, and fraudulently obtaining identifying information. This Act enables lawsuits by internet service providers and owne…

As used in this Act: (a) entity includes corporations, business trusts, estates, partnerships, limited partnerships, limited liability partnerships, limited liability companies, associations, organizations, joint ventures, governments, governmental subdivisions, agencies, or inst…

(a) Phishing. For the purposes of this Article 4, an individual or entity is guilty of phishing if, with intent to defraud or injure an individual, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone: (1) the actor makes any communication under…

No internet registrar or internet service provider may be held liable under any provision of the laws of Guam for removing or disabling access to an internet domain name controlled or operated by such registrar or by such provider, or to content that resides on an internet websit…

(a) A person who violates this Act is guilty of a third degree felony, and is subject to a fine not to exceed Five Thousand Dollars ($5,000), or imprisonment not to exceed five (5) years, or both. (b) The following persons may bring a civil action against a person who violates th…

This Act shall apply to the discovery of a phishing or pharming incident that occurs on or after the effective date of this Act. This Act does not apply to a telecommunications provider’s or internet service provider’s good faith transmission or routing of, or intermediate tempor…

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or application of this Act which can be given effect without the invalid provisions or application, and to th…

This Act shall take effect one hundred twenty (120) days after the date of enactment. SOURCE: Added as § 46.407 by P.L. 32-173:1 (July 9, 2014). Codified to this section by the Compiler pursuant to 1 GCA § 1606. ARTICLE 5 COMPUTER PROTECTION ACT SOURCE: Article 5 added by P.L. 32…

(a) A person commits a misdemeanor if he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty or fidelity to which he is subject as: (1) agent or employee of another; (2) trustee, guardian, or other fiduciary; (3…

(a) A person commits a misdemeanor if, with intent to prevent a publicly exhibited contest from being conducted in accordance with the rules and usages purporting to govern it, he: (1) confers or offers or agrees to confer any benefit upon, or threatens any injury to a participan…

It is the intent of I Liheslaturan Guåhan to prohibit a person from using specified protected computers to relay or retransmit commercial electronic mail messages with the intent to deceive or mislead recipients, or an electronic mail service provider under specified circumstance…

In this Act, the following words have the meanings indicated: (a) commercial electronic mail message means an electronic message sent primarily for the purpose of commercial advertisement or promotion of: (1) a commercial product; (2) a commercial service; (3) the content on an I…

A person may not conspire to or knowingly: (a) use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message; (b) mate…

(a) A person who violates § 46.503 (a), (b), (c), (d) or (e) is guilty of a third degree felony, and upon conviction is subject to imprisonment not to exceed three (3) years or a fine not to exceed Five Thousand Dollars ($5,000), or both. (b) A person who violates § 46.503 (a), (…

In addition to any other sentence authorized by law, the court may direct that a person convicted of a violation of § 46.503 forfeit to the government of Guam: (a) any moneys and other income, including all proceeds earned but not yet received by a defendant from a third party as…

(a) An action brought under this Subsection shall be commenced within two (2) years after the commission of the act. (b) The Attorney General may institute a civil action against a person who violates § 46.503 to recover a civil penalty not to exceed: (1) $25,000 per day of viola…

Nothing in this Act shall be construed to have any effect on the lawfulness of the adoption, implementation, or enforcement by an electronic mail service provider of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages under …

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or application of this Act which can be given effect without the invalid provisions or application, and to th…

(a) A person commits an offense, he: (1) destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with intent to defeat enforcement of that security interest; (2) sells, assigns, exchanges, secretes, injures, destroys or ot…

(a) A person commits a misdemeanor, if, with intent to defraud a creditor and with knowledge either that proceedings have been or are about to be instituted for the appointment of an administrator or that a composition agreement or other arrangement for the benefit of creditors h…

This Act may be cited as the “Computer Spyware Protection Act.”

I Liheslaturan Guåhan finds that spyware is a problem that adversely affects nearly every computer connected to the internet. Spyware is a catch-all term for computer programs that can track computer users’ movements online. There are hundreds of programs that range from innocuou…

(a) Cause to be copied means to distribute or transfer computer software, or any component thereof. Such term shall not include providing: (1) a transmission, routing, provision of intermediate temporary storage, or caching of software; (2) a storage or hosting medium, such as a …

It is unlawful for a person who is not an owner or operator of a computer to cause computer software to be copied on such computer knowingly or with conscious avoidance of actual knowledge or willfully, and to use such software to do any of the following: (a) modify, through inte…

It is unlawful for a person who is not an owner or operator of a computer to do any of the following with regard to the computer: (a) induce an owner or operator to install a computer software component onto the owner’s or the operator’s computer by intentionally misrepresenting …

Sections 46.604 and 46.605 shall not apply to the monitoring of, or interaction with, an owner’s or an operator’s internet or other network connection, service, or computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of in…

(a) The Attorney General, an internet service provider or software company that expends resources in good faith assisting authorized users harmed by a violation of this Article, or a trademark owner whose mark is used to deceive authorized users in violation of this Article, may …

(a) No provider of computer software or of an interactive computer service may be held liable for identifying, naming, removing, disabling, or otherwise affecting a computer program through any action voluntarily undertaken, or service provided, where the provider: (1) intends to…

(a) As used in this Section, financial institution means a bank, insurance company, credit union, building and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. (b) An offi…

(a) A person commits an offense if he applies or disposes of property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner…

Punished. A person commits a misdemeanor or if by deception he causes another to execute any instrument affecting or likely to affect the pecuniary interest of any person. SOURCE: *M.P.C. § 224.14; N.J. 2C:2-116. CROSS-REFERENCES: § 52.30 - Unsworn Falsification; § 55.25 - False …

(a) A person commits an offense when that person: (1) impersonates another or assumes a false identity and does an act in such assumed character or false identity to obtain a benefit for oneself or another, or to injure or defraud another; (2) pretends to be a representative of s…

A person commits a felony if he or she knowingly destroys, removes or conceals, or attempts to destroy, remove or conceal, any Vehicle Identification Number (VIN) or other vehicle identifiers with intent to deceive or injure anyone or to conceal any wrongdoing including littering…

As used in this Section: (a) Caller Identification Record means a record that is delivered electronically to the recipient of a telephone call simultaneously with the reception of the telephone call and that indicates the telephone number from which the telephone call was initiat…

No person may do any of the following: (a) Obtain, attempt to obtain or conspire with another to obtain a telephone record that pertains to a customer who is a resident of Guam, without the customer’s consent by doing any of the following: (1) Making a false or deceptive statemen…

(a) A person who violates this Section is guilty of a third degree felony, a fine not to exceed Ten Thousand Dollars ($10,000) or imprisonment not to exceed three (3) years or both, if the violation involves one (1) telephone record. (b) A person who violates this Section is guil…

(a) In addition to the penalties authorized under § 46.92, a person who violates this Section may be required to forfeit personal property used or intended to be used in the violation. (b) In an action to enforce this Section, the court shall award to a person who is the subject …

This Section does not apply to any of the following: (a) Action by a law enforcement agency in connection with the official duties of the law enforcement agency. (b) A disclosure by a telephone service provider, if any, of the following applies: (1) The telephone service provider…