Title 10 — Health and Safety

(a) Before the vacation of the suspension of any court-martial sentence which includes dismissal, dishonorable or bad-conduct discharge, the officer having general court-martial jurisdiction over officer or enlisted probationer or special court-martial jurisdiction over enlisted …

At any time within two (2) years after approval by the convening authority and/or I Maga’håga/Maga’låhi of a court-martial sentence, the accused may petition the Guam Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. SOURCE:…

(a) I Maga’håga/Maga’låhi may and, when designated by her/him, the Adjutant General, Guam Judge Advocate General or commanding officer may remit or suspend any part or amount of the unexecuted sentence, including all uncollected forfeitures. (b) I Maga’håga/Maga’låhi may, for goo…

(a) Under such disciplinary regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an COL 2026-04-23 executed dismissal or discharge, shall be restored unless …

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SUBARTICLE 10 PUNITIVE ARTICLES

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Each rehearing under the Code shall take place before a court-martial composed of members of the first court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sente…

(a) Each case in which there has been a finding of guilty shall be reviewed by a judge advocate or legal officer. A judge advocate or legal officer may not review a case under this subsection if he has acted in the same case as an accuser, investigating officer, member of the cou…

(a) In a case subject to review by § 63722.11 of this Code in which the right to such review is not waived, the record of trial and action thereon shall be transmitted to the Guam Judge Advocate General for appropriate action. (b) Except as otherwise required by the Code, all oth…

[Repealed, reserved, or text not separately stated.]

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(a) An accused, who was tried by a court-martial and who still deems himself aggrieved after he has exhausted all of his rights of military review under this Code, may, if provided for by disciplinary regulations, appeal the judgment or sentence of the court-martial, as may have …

A “principal” is any person punishable under this Code who: (a) commits an offense punishable by this Code, or aids, abets, counsels, commands, or procures its commission; or (b) causes an act to be done which if directly performed by him would be punishable by this Code. COL 202…

Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. SOURCE: UCMJ …

Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 87.

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of Army, the Secretary of Air Force, the Governor or Legislature of Guam or any State, Territory, Commonwealth of the United States in…

Any person subject to this Code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 89.

Any person subject to this Code shall be punished as a court-martial may direct if that person: (a) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or (b) willfully disobeys a…

Any warrant officer or enlisted member shall be punished as a court-martial may direct if that person: (a) strikes or assaults a warrant or noncommissioned officer while that officer is in the execution of his office; (b) willfully disobeys the lawful order of a warrant officer o…

Any person subject to this Code shall be punished as a court-martial may direct if that person: (a) violates or fails to obey any lawful general order or regulation; (b) having knowledge of any other lawful order issued by a member of the Guam military forces, which it is his dut…

Any person subject to this Code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 93.

(a) Any person subject to this Code is guilty of a failure to suppress or report a mutiny or sedition if that person: (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any …

Any person subject to this Code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 95.

Any person subject to this Code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court- martial may direct, whether or not the prisoner was committed in stric…

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. SOURCE: UCMJ Art. 79. 2026 NOTE: As reenacted by P.L. 23-012:1 (Apr. 28, 1995), the title of …

Any person subject to this Code who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 97.

Any person subject to this Code shall be punished as a court-martial may direct if that person: COL 2026-04-23 (a) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code; or (b) knowingly and intentionally fails to en…

Any person subject to this Code shall be punished as a court-martial may direct if that person before or in the presence of the enemy, opposing forces or individuals: (a) runs away; (b) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property…

Any person subject to this Code shall be punished as a court-martial may direct compels or attempts to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the Guam military forces, to give it up to an enemy without proper …

Any person subject to the Code who in time of insurrection or civil disturbance discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from…

Any person subject to this Code who forces a safeguard shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 102.

(a) All persons subject to this Code shall secure all public property taken from the enemy or insurrectionist for the service of Guam and/or the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their po…

Any person subject to this Code shall be punished as a court-martial may direct if that person: (a) aids, attempts to aid, the enemy or insurrectionist with arms, ammunition, supplies, money, or other things; or (b) without proper authority, knowingly harbors or protects or gives…

Any person subject to this Code shall be punished as a court-martial may direct if that person, while in the hands of the enemy or an insurgent in time of insurrection: (a) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner co…

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(a) An act, done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (b) Any person subject to this Code who attempts to commit any off…

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Any person subject to this Code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.…

Wrongful Disposition. Any person subject to this Code shall be punished as a court-martial may direct if that person, without proper authority: (a) sells or otherwise disposes of; (b) willfully or through neglect damages, destroys, or loses; or (c) willfully or through neglect su…

Spoilage, or Destruction. Any person subject to this Code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States and/or the Guam shall be punished as a court-martial may …

(a) Any person subject to this Code who willfully and wrongfully hazards or suffers to be hazard by any vessel of the Guam military forces and/or the Armed Forces of the United States shall be punished as a court-martial may direct. (b) Any person subject to this Code who neglige…

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Any person subject to this Code other than a sentinel or look-out who is found drunk on duty, shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 112.

(a) Any person subject to this Code who wrongfully uses, possesses, manufactures, distributes, imports into Guam or the customs territory of the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces a subs…

Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished as a court-martial may direct. SOURCE: UCMJ Art. 113.

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Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. SOURCE: UCMJ Art. 81.

Any person subject to this Code shall be punished as a court-martial may direct if that person, for the purpose of avoiding work, duty, or service: (a) feigns illness, physical disablement, mental lapse or derangement; or (b) intentionally inflicts self-injury. SOURCE: UCMJ Art. …