Title 9, Crimes and Corrections

(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…

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(…

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 …

(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…

(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…

COMMENT: § 31.30 supersedes all or parts of the Guam Penal Code dealing with the same subject. The extent of liability under this Section depends upon the relationship of the defendant to the child and the degree to risk to the child. Any person who subjects a child to cruel mist…

(a) A married person is guilty of bigamy, a misdemeanor, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage: (1) the defendant believes that the prior spouse is dead; (2) the defendant and the prior spouse have been living apar…

A person is guilty of incest, a misdemeanor, if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood. Cohabit means to live together under th…

(a) Abortion means the termination of a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. (b) An abortion may be performed: (1) by a physician licensed to practice medicine this Territory or by a physician practicing medicine in the e…

Any person performing an abortion in circumstances other than permitted by § 31.20 shall be guilty of a third degree felony. SOURCE: Added by P.L. 14-122 (4/19/78). COMMENT: This Section was added after it was discovered that the Legislature, while regulating abortions, had negle…

(a) (1) No employer or other person shall require a physician, a registered nurse, a licensed vocational nurse, or any person employed or with staff privileges at a hospital, facility or clinic to directly participate in the induction or performance of an abortion, if such employ…

(a) A person is guilty of child abuse when: (1) he subjects a child to cruel mistreatment; or (2) having a child in his care or custody or under his control, he: (A) deserts that child with intent to abandon him; (B) subjects that child to cruel mistreatment; or (C) unreasonably …

Public Health and Social Services. [Repealed.] SOURCE: G.P.C. § 273b; Cal. § 982 (1971). Repealed by P.L. 14-137, effective 07/25/78.

to Department of Public Health and Social Services. [Repealed.] SOURCE: G.P.C. § 273e. Repealed by P.L. 14-137, effective 07/25/78.

(a) A person is guilty of abuse of an incompetent when: (1) he subjects an incompetent to cruel mistreatment; or (2) having an incompetent in his care of custody or under his control, he: (A) deserts that incompetent with intent to abandon him; (B) subjects that incompetent to cr…

(a) A person is guilty of failure to provide when having a spouse, child or indigent parent whom he is legally obliged to support, he knowingly fails to furnish that person with necessary support. (b) As used in this Section, support includes food, clothing, shelter, medical atte…

(a) If at any time before sentencing under any prosecution pursuant to § 31.45, the defendant appears before the court and enters into any undertaking with sufficient sureties in such penal sum as the court may fix, to be approved by the court, and conditioned that the defendant …

In any case where there is a conviction of an offense under § 31.45 and a sentence to pay a fine, such fine may be directed by the court to be paid in whole or in part to the spouse, child or parent or guardian or custodian of such person. SOURCE: G.P.C. § 270(d). COMMENT: § 31.5…

which actually repealed the law, repealed § 30.61. Such section does not exist since Chapter 30, of which it ought to be a part, was enacted by the same law which repealed this Section. Therefore, the Compiler will treat this section as the proper one repealed.

(a) Definitions. As used in this Section: (1) Curfew Hours means: (A) 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (B)12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (2) Emergency means an unforeseen combination…

Motor Vehicles; Penalty; Authority of Law Enforcement Officer. (a) A parent, legal guardian, or other person, at least twelve (12) years of age, responsible for a child five (5) years of age or younger, may not leave such child unattended or unsupervised in a motor vehicle: (1) F…

As used in this Chapter: (a) Business relationship means a relationship between two (2) or more individuals or entities where there exists an oral or written contract or agreement for goods or services. (b) Caregiver means a person who has been entrusted with and has assumed resp…

Individual with a Disability: Defined. A person is guilty of financial exploitation of an elderly person or individual with a disability if he or she: (a) knowingly obtains or uses, or endeavors to obtain or use, an elderly person’s or individual with a disability’s funds, assets…

Any inter vivos transfer of money or property valued in excess of Ten Thousand Dollars ($10,000) at the time of the transfer, whether in a single transaction or multiple transactions, by a person fifty-five (55) years of age or older to a nonrelative whom the transferor knew for …

Individuals with a Disability: Punished. (a) If the funds, assets, or property involved in the exploitation of an elderly person or individual with a disability is valued at Fifty Thousand Dollars ($50,000) or more, the offender commits a felony of the first (1st) degree. (b) If …

Property Determination. (a) If a person is charged with financial exploitation of an elderly person or individual with a disability that involves the taking of or loss of property valued at more than Five Thousand Dollars ($5,000) and property belonging to a victim is seized from…

As used in this Chapter: (a) “Property” means any form of real property or tangible personal property which is capable of being damaged or destroyed. COL 2026-04-23 (b) “Habitable Property” means any structure, vehicle or vessel adapted for the accommodation or occupation of pers…

(a) A person is guilty of aggravated arson if he recklessly damages any habitable property by means of fire or explosives in conscious disregard of a substantial risk that at the time of such conduct a person may be in such habitable property, whether or not a person is actually …

(a) A person is guilty of arson if under circumstances not amounting to aggravated arson he starts a fire or causes an explosion, whether on his own property, another’s property, or forest land: (1) with the intention of defrauding an insurer; or (2) in reckless disregard of a ri…

(a) A person is guilty of negligent burning if he: (1) negligently starts a fire or causes an explosion whether on his own property, another’s property, or forest land, and thereby negligently endangers human life, or negligently places the property of another, or forest land, in…

A person commits criminal mischief if: (a) under circumstances not amounting to arson he damages or destroys property with the intention of defrauding an insurer; or (b) he intentionally tampers with the property of another or forest land and thereby: (1) recklessly endangers hum…

(a) A violation of subsections (b) or (d) of § 34.50 is a third degree felony. (b) A violation of subsection (a) of § 34.50 is a third degree felony if the defendant’s conduct causes or is intended to cause pecuniary loss in excess of Five Hundred Dollars ($500.00), a misdemeanor…

(a) Definitions. For the purpose of this section, the following terms apply: (1) “Broad-tipped indelible marker” means any felt tip marker, or similar implement, which contains a fluid which is not water soluble and which has a flat or angled writing surface one-half inch or grea…

Effective upon the enactment of this Section, all monies collected by the enforcement of 9 GCA §§ 34.60 or 34.70 shall be deposited in the Appointed Counsel Trust Fund established under 7 GCA § 22111 for fees and expenses related to the legal defense of indigent persons and for o…

A person commits a misdemeanor if, he without the written permission of the owner or of the owner’s agent or of the person in lawful possession: (a) Maliciously tears down, damages, mutilates or destroys any sign, signboard or notice placed upon, or affixed to any property that b…

COL10312014 As used in this Chapter: (a) Habitable Property has the meaning provided by § 34.10 and includes any such property whether or not a person is actually present therein. (b) Night means the period between thirty (30) minutes past sunset and thirty (30) minutes before su…

(a) A person is guilty of burglary if he enters or surreptitiously remains in any habitable property, building, or a separately secured or occupied portion thereof, or if he enters or surreptitiously remains in any School as defined in § 37.10(e) of this Chapter, with intent to c…

A person is guilty of home invasion when such person commits a crime of burglary, as defined by this Chapter, in a dwelling, while a person other than a participant in the crime is actually present in such dwelling, with the intent to commit a crime therein, and, in the course of…

An act shall be deemed "in the course of committing" the offense if it occurs in an attempt to commit the offense, or flight after the attempt or commission. SOURCE: Added as § 37.202 by P.L. 32-047:2 (July 5, 2013), codified by the Copiler as § 37.220. 2014 NOTE: This provision …

It is no defense that the defendant reasonably believed that the dwelling was unoccupied, by a person who was not a participant in the crime, at the time the home invasion occurred. SOURCE: Added as § 37.203 by P.L. 32-047:2 (July 5, 2013), codified by the Compiler as § 37.230. 2…

(a) Home invasion is a first degree felony, and any person found guilty under this Section shall be sentenced to a term of imprisonment of which at least ten years may not be suspended or reduced by the court. COL10312014 (b) The sentence imposed for home invasion shall run conse…

(a) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any habitable property or any building or any motor vehicle. An offense under this Subsection is a misdemeanor if it is committed in a dwelling or m…

A person is guilty of carjacking when such person commits a crime of burglary, as defined by this Chapter, in a vehicle, while a person other than a participant in the crime is actually present in such vehicle, with intent to commit a crime therein, and, in the course of committi…

Whoever commits the offense of carjacking while armed with, or having readily available, any pistol, or other firearm or imitation thereof, or other dangerous or deadly weapon, including a firearm, dirk, knife, switchblade, razor, blackjack, billy, or metallic or other false knuc…

Carjacking. An act shall be deemed “in the course of committing” the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission. SOURCE: Added as § 37.52 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.330. 2014 NOTE: Thi…

(a) Carjacking is a first degree felony and any person found guilty under § 37.310 shall be sentenced to a term of imprisonment of which at least ten (10) years may not be suspended or reduced by the court. COL10312014 (b) The sentence imposed for carjacking shall run consecutive…