Title 9, Crimes and Corrections

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 person is not criminally responsible for conduct if at the time of such conduct, as a result of mental illness, disease or defect, he lacked substantial capacity to know or understand what he was doing, or to know or understand that his conduct was wrongful, or to control his a…

Evidence that the defendant suffered from mental illness, disease or defect is admissible whenever it is relevant to prove the defendant’s state of mind. SOURCE: M.P.C. § 4.02; *Cal. 531 (T.D.2 1968); Mass. ch. 263, § 27(1); N.J. § 2C:4-2(a). COMMENT: This Section represent a cod…

(a) Mental illness, disease or defect, precluding responsibility, is an affirmative defense which the defendant must prove by a preponderance of the evidence. (b) The defendant may not introduce evidence that he is not criminally responsible, as defined in § 7.16, unless he has e…

(a) Whenever a plea of not guilty by reason of mental illness, disease or defect is entered or a notice is given under § 7.22, the court shall appoint at least one qualified psychiatrist or other qualified person (hereinafter referred to as psychiatrist) to examine the defendant …

In any case in which evidence of mental illness, disease or defect has been introduced pursuant to the provisions of § 7.19 and in which the defendant is acquitted, the court may order an evaluation of his condition and initiation of proceedings pursuant to the provisions of 10 G…

Whenever a plea of not guilty by reason of mental illness, disease or defect is entered and the defendant is acquitted on the plea, the verdict or, if trial by jury has been waived, the finding of the court and the judgment shall so state. SOURCE: M.P.C. § 4.03 (3); *Cal. § 535 (…

(a) After entry of judgment of not guilty by reason of mental illness, disease or defect, the court shall, on the basis of the evidence given at the trial or at a separate hearing, make an order as follows: (1) If the court finds that the person is no longer affected by mental il…

A person can neither be proceeded against nor sentenced after conviction while he is incompetent as defined in this Section: (a) A defendant is incompetent to be proceeded against in a criminal action if, as a result of mental illness, disease or defect, he is unable (1) to under…

(a) At any time before the commencement of the trial either party may make a motion for a hearing on the defendant’s competency to be proceeded against, or the court on its own motion may order such a hearing. Thereupon, the court shall suspend all proceedings in the criminal pro…

(a) If at least one psychiatrist concludes in his report filed pursuant to § 7.25 that the defendant may be incompetent to be proceeded against or to be sentenced, the court shall order the issue of his competency to be determined within ten days after the filing of the reports p…

The commitment of the defendant pursuant to § 7.43 exonerates any depositor or surety who has provided security pursuant to Chapter 40 (commencing with § 40.10) of the Criminal Procedure Code and entitles such person to the return of any money or property he may have deposited. S…

If at any time after the imposition of sentence and during the period a person is in the custody of the Director of Corrections or is subject to a sentence of probation or parole the Director of Correction has reasonable cause to believe that the person may as a result of mental …

Required. Nothing in this Article shall be construed to hinder or to prevent the transfer of any person committed pursuant to this article to any hospital outside of Guam, for care and treatment. An application for transfer may be made by either the Administrator of the Guam Memo…

(a) A person’s ignorance or mistake as to a matter of fact or law is a defense if it negatives the culpable mental state required for the offense or establishes a mental state sufficient under the law to constitute a defense. (b) A person’s belief that his conduct does not consti…

(a) As used in this Section: (1) “intoxication” means an impairment of mental or physical capacities resulting from the introduction of alcohol, drugs or other substances into the body. (2) “self-induced intoxication” means intoxication caused by substances which the person knowi…

(a) In a prosecution for any offense it is an affirmative defense that the defendant engaged in the conduct otherwise constituting the offense: (1) because he was coerced into doing so by the threatened use of unlawful force against his person or the person of another in circumst…

(a) The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent precludes the infliction of the harm or evil sought to be prevented by the law defining the offense. (b) When conduct is an offense because it causes or…

The court shall dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant’s conduct: (a) Was within a customary license or tolerance, neither expressly negated b…

(a) It is an affirmative defense that the defendant committed the offense in response to an entrapment, except as provided in Subsection (c). (b) Entrapment occurs when a law enforcement agent, for the purpose of obtaining evidence of the commission of an offense, induces or enco…

Compulsion; Consent; De Minimus Infractions; Entrapment; and Renunciation. (a) In a prosecution for an attempt, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant avoided the commission of…

Deadly force means force which a person uses with the intent of causing, or which he knows to create a substantial risk of causing, death or serious bodily injury. Intentionally firing a firearm in the direction of another person or at a moving vehicle constitutes deadly force. A…

(a) In a prosecution for an offense, justification as defined in this Article is a defense. (b) The fact that conduct is justifiable under this Article does not abolish or impair any remedy for such conduct which is available in any civil action. SOURCE: *M.P.C. § 3.01; Cal. § 60…

A person is justified in conduct which would otherwise constitute an offense when such conduct is immediately necessary to avoid an imminent public disaster or serious bodily injury to a person or serious damage to property which is about to occur through no fault of the defendan…

(a) Except as otherwise provided in Subsection (b), conduct is justifiable when it is required or authorized by: (1) the law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties; (2) the law governi…

Except as otherwise provided by §§ 7.86 and 7.96, the use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the…

(a) The use of force is not justifiable under § 7.84; (1) To resist an arrest which the defendant knows is being made by a peace officer in the performance of his duties, although the arrest is unlawful; or (2) to resist force used by the occupier or possessor of property or by a…

(a) Except as otherwise provided by this Section and § 7.96, the use of force upon or toward the person of another is justifiable to protect a third person when: (1) the defendant would be justified under § 7.84 in using such force to protect himself against the injury he believe…

(a) Except as otherwise provided by this Section and § 7.96, the use of force upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary: (1) to prevent or terminate an unlawful entry or other trespass upon land or a t…

(a) Except as otherwise provided by this Section and § 7.96, the use of force upon or toward the person of another is justifiable when the defendant is making or assisting in making an arrest and the defendant believes that such force is immediately necessary to effect a lawful a…

The use of force upon another person is justified under any of the following circumstances: (a) a parent, guardian or other person responsible for the care and supervision of a minor less than eighteen years of age, or a person acting at the direction of such person, may use nece…

(a) The justification afforded by §§ 7.84 to 7.92, inclusive, in unavailable when: (1) the defendant’s belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force i…

Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless: (a) the Code or the law defining the offe…