Title 9, Crimes and Corrections

No owner, officer, employee, or agent who provides, rents, leases, licenses, or sells real property upon which a violation of § 47.20 or § 47.30 occurs, and who is charged with a violation of § 47.40, shall be subject to criminal penalty under this Chapter unless he or she is pro…

I Liheslaturan Guåhan finds that both public and private entities on Guam have a duty to safeguard personal information that, if stolen or publicized, may result in crimes such as fraud and identity theft. The anonymity of the global internet, that transcends the borders of sover…

As used in this Chapter: (a) Breach of the security of a system means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of …

Information by an Individual or Entity. (a) General Rule. An individual or entity that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security o…

Requirements. (a) Information Privacy or Security Policy. An entity that maintains its own notification procedures as part of an information privacy or security policy for the treatment of personal information and that are consistent with the timing requirements of this Chapter s…

(a) A violation of this Chapter that results in injury or loss to residents of Guam may be enforced by the Office of the Attorney General. (b) Except as provided by § 48.40 of this Chapter, the Office of the Attorney General shall have exclusive authority to bring action and may …

This Chapter shall apply to the discovery or notification of a breach of the security of the system that occurs on or after the effective date of this Chapter.

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…