Title 9, Crimes and Corrections

This Chapter shall take effect one hundred twenty (120) days after the date of enactment.

This Chapter deals with subject matter that is of island-wide concern, and it is the intent of I Liheslatura that this Chapter shall supersede and preempt all rules and regulations regarding the matters expressly set forth in this Chapter. ---------- COL 052809

As used in this Chapter: (a) benefit means any gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is interested other than the beneficiary's lawful compensation. (b) official functio…

A person is guilty of a felony of the third degree if he offers, confers upon, or agrees to confer upon a public servant any benefit as consideration for his performance of an official function. SOURCE: G.P.C. §§ 67, 67a, 73, 92, 165. M.P.C. 240.1; *Cal. § 1010 (T.D. 3, 1969); Ca…

Inspectors. A public servant is guilty of a felony of the third degree if he solicits, accepts or agrees to accept any benefit from another person as consideration for his performance of an official function; provided, however, that if such public servant is a building inspector,…

A person is guilty of a felony of the third degree if: (a) he offers, confers upon, or agrees to confer upon, another person any benefit as consideration for improperly influencing or attempting to influence a public servant in the performance of an official function. (b) he soli…

COL120106 INFLUENCE & RELATED OFFENSES A person is guilty of a felony of the third degree if he influences or attempts to influence the performance of an official function by a public servant by any threat which would constitute a means of committing the offense of theft by extor…

A person is guilty of a misdemeanor if he offers, confers upon, or agrees to confer upon, a public servant any pecuniary benefit for having performed an official function in a manner favorable to him, or for having violated his duty. SOURCE: M.P.C. § 240.3; Cal. § 1020 (T.D. 3, 1…

A public servant is guilty of a misdemeanor if he solicits, accepts or agrees to accept any pecuniary benefit for having performed an official function in a manner favorable to another person, or for having violated his duty. SOURCE: M.P.C. § 240.3; *Cal. § 1021, (T.D. 3, 1969); …

A public servant commits a misdemeanor if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has or has had access in his official capacity and which has not been made public he: (a) acq…

A public servant commits a misdemeanor if, with intent to benefit himself or another person or to harm another person or to deprive another person of a benefit; (a) he commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowi…

As used in this Chapter: (a) official function and public servant have the meanings provided for those terms by § 49.10. (b) material statement means a statement which affected or could have affected the course or outcome of a proceeding, regardless of its admissibility under rul…

(a) A person is guilty of perjury if, under oath in an official proceeding, he makes a false statement which is material and which he does not believe to be true. (b) Whether a statement is material is a question of law. (c) Perjury is a felony of the third degree. SOURCE: G.P.C.…

A person is guilty of a misdemeanor if he makes a false statement under oath which he does not believe to be true and: (a) the falsification occurs in an official proceeding; or (b) the falsification is intended to mislead a public servant in performing his official function. SOU…

It is not a defense to any offense defined in § 52.15 or § 52.20 that: (a) the oath was administered or taken in an irregular manner; (b) the authority or jurisdiction of the person administering the oath was defective, if the defect was excusable under any statute or rule of law…

A person is guilty of a misdemeanor if, with intent to mislead a public servant in performing his official function, he makes, submits or uses: (a) any written false statement of his own which he does not then believe to be true; or (b) any physical object, exhibit, writing or dr…

A person is guilty of a felony of the third degree if, by any threat which would constitute a means of committing the offense of theft by extortion under this Code if such threat were employed to obtain property, he: (a) attempts to induce any person to refrain from reporting to …

Affirmative Defenses. A person is guilty of a felony of the third degree if he: (a) offers, confers upon, or agrees to confer upon, any person any benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any o…

A person is guilty of a misdemeanor if he attempts to induce any person to give false testimony in or to withhold testimony from any official proceeding to which he has been or may be properly called as a witness, or to fail to attend any official proceeding to which he has been …

A person is guilty of a felony of the third degree if, believing that an official proceeding has been or is about to be instituted, he prepares, offers in evidence or uses any record, document or thing, knowing it to be false and with intent to mislead a public servant who is or …

A person is guilty of a misdemeanor if, believing that an official proceeding has been or is about to be instituted, he destroys, conceals or removes any record, document or thing with intent to impair its availability in the proceeding. SOURCE: G.P.C. § 135: See also § 115a; M.P…

A person is guilty of a misdemeanor if, with intent to influence the outcome of an official proceeding, he communicates with a juror, except as may be authorized by law. SOURCE: Cal. § 1105 (T.D. 3, 1969); Cal. § 1148 (1971). CROSS-REFERENCES: §§ 49.10 (c) - Public Servant Includ…

(a) A person commits an offense if he: (1) knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the govern…

Punished. (a) A person is guilty of hindering apprehension or prosecution if, with intent to hinder, prevent or delay the discovery, apprehension, prosecution, conviction or punishment of another person for the commission of an offense, he: (1) harbors or conceals the other perso…

A person is guilty of a misdemeanor when, with knowledge of its falsity, he causes a false alarm of fire or other emergency to be transmitted to any organization that responds to emergencies involving danger to life or property. SOURCE: c.f. G.P.C. § 403(a); M.P.C. § 250.3; *Cal.…

A person commits a misdemeanor who: (a) knowingly gives false information to any law enforcement officer with intent to induce such officer to believe that another person has committed an offense; (b) reports to law enforcement authorities an offense or other incident within thei…

A person commits a misdemeanor if he falsely pretends to hold a position in the public service with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice. SOURCE: G.P.C. § 146(a); *M.P.C. § 241.…

A person is guilty of a misdemeanor when, with intent to prevent or delay the arrest of himself of another person by one whom he knows or reasonably should know to be a peace officer acting in an official capacity, he prevents or delays that arrest by the use or threat of force o…

(a) A person commits the crime of disarming a peace officer, as defined by 17 GCA § 51101 if such person intentionally: (1) removes, or attempts to remove, a firearm, deadly weapon, or less-lethal weapon, including any blunt impact, chemical, or conducted energy device, used in t…

Punished. A person commits a misdemeanor if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this Section…

Generators, Telephones, or Emergency or Utility Equipment. A person commits a felony in the second degree if he intentionally damages or steals any generator, power pole, power line, telephone, telephone line, telephone facility, water meter, or other emergency or utility equipme…

or Emergency Utility Equipment. A person commits a felony in the second degree if he receives any stolen generator, power pole, power line, telephone, telephone line, telephone facility, water meter, or other emergency or utility equipment owned or installed by the government of …

Emergency. (a) Upon the declaration by the Governor of a state of emergency as the result of a disaster that threatens the public water supply, it shall be a petty misdemeanor for any person to use water supplied by the Public Utility Agency of Guam for any unauthorized use. (b) …

Abortion Report. A person commits a misdemeanor who knowingly fails to file a complete individual abortion report for each abortion with the Territorial Registrar of Vital Statistics within seven (7) days from the date of the abortion. SOURCE: Added by P.L. 33-218:8 (Dec. 15, 201…

As used in this Chapter: (a) “Custody” means restraint by any public officer or employee pursuant to an order of a court other than an arrest warrant or restraint by a peace officer or other person concerned in detention: (1) pursuant to an arrest, with or without an arrest warra…

A person is guilty of a felony of third degree if he: (a) escapes from within a detention facility where he is in custody upon a felony charge or conviction; or (b) escapes from custody with the use or threat of use of force or violence upon another person or by any means creatin…

A person who is guilty of an offense pursuant to § 58.20 of this Code shall be sentenced to a term of two (2) years but not more than five (5) years of imprisonment and a person who is guilty of an offense pursuant to § 58.40 of this Code shall be sentenced to a term of five (5) …

A person is guilty of a misdemeanor if he escapes from custody. SOURCE: G.P.C. § 105; M.P.C. § 242.6; Cal. § 1301 (T.D.3 1969); Cal. §§ 1190, 1191 (1971); Mass. ch. 268, § 13; N.J. § 2C:29-5. CROSS-REFERENCES: §§ 80.66 and 80.68 -Probation Violation §§ 80.82-80.86 - Parole Violat…

A public servant concerned in detention is guilty of a felony of the third degree if he knowingly assists an escape. COMMENT: G.P.C. § 108; See M.P.C. § 242.6(4)(c); *Cal. § 1302 (T.D.3 1969); Mass. ch. 268, § 14(a)(2); See N.J. § 2C:29-5(b)(c). CROSS-REFERENCES: § 4.60 - Complic…

(a) A person is guilty of providing escape implements if he knowingly introduces any escape implement within a detention facility, with intent to cause or assist the escape of any person confined therein. (b) A person confined within a detention facility is guilty of providing es…

(a) As used in this Section: (1) “Contraband” means any article or item that a person in custody who is confined in a correctional facility is prohibited by statute, rule, or policy from obtaining or possessing, and is not defined as “major contraband” in § 58.60(a)(2). (2) “Majo…

(a) It is unlawful for a detainee or inmate within a detention or correctional facility operated by the Department of Corrections to use or be under the influence of alcohol or a controlled substance that has not been lawfully prescribed by a licensed healthcare professional. (b)…

(a) A person is guilty of riot, a felony of the third degree, if he participates with four (4) or more others in a course of disorderly conduct: (1) with intent to commit or facilitate the commission of a felony or misdemeanor; (2) with intent to prevent or coerce official action…

(a) A person is guilty of disorderly conduct, if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise or offensively co…

A person commits a petty misdemeanor if, with intent to harass another, he: (a) makes, or causes to be made, a communication anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; (b) subjects ano…

Unless otherwise indicated, as used in § 61.20: (a) Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such…