Title 9, Crimes and Corrections

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…

A person is guilty of an attempt to commit a crime when, with intent to engage in conduct which would constitute such crime were the circumstances as he believes them to be, he performs or omits to perform an act which constitutes a substantial step toward commission of the crime…

In a prosecution for an attempt, it is no defense that it was impossible to commit the crime. SOURCE: M.P.C. § 5.10(1); *Calif. § 801 (T.D. 2 1968); Calif. § 705 (971); Mass. ch. 263 § 46(a); N.J. § 2C:5-1(a). COMMENT: Section 13.15 states new law and reverses the old. Impossibil…

A person is guilty of solicitation to commit a felony when with intent to promote or facilitate its commission he commands, encourages or requests another person to perform or omit to perform an act which constitutes such crime or an attempt to commit such crime or would establis…

(a) In any prosecution for solicitation, it is a defense that if the criminal object was achieved, the defendant would not be guilty of a crime under the law defining the crime or as an accomplice under Subsection (a) of § 4.75. (b) In any prosecution for solicitation, it is no d…

A person is guilty of conspiracy to commit a crime if: (a) he agrees with one or more other persons that he or one of them will engage in conduct which constitutes such crime; (b) he does so with the intention of engaging in, promoting or assisting in the conduct which constitute…

If a person is guilty of conspiring with one co-conspirator to commit a crime and knows or contemplates that his co-conspirator has conspired or may conspire with another to commit the same crime, he is guilty of conspiring with any such other person to commit that crime, whether…

(a) In any prosecution for conspiracy, it is a defense that if the criminal object was achieved, the defendant would not be guilty of a crime under the law defining the crime or as an accomplice under Subsection (a) of § 4.75. (b) In any prosecution of conspiracy, it is no defens…

For purposes of 8 GCA § 10.60: (a) conspiracy terminates when the crime or crimes which are its object is or are committed or the agreement is abandoned by the defendant and his co-conspirators. (b) If a defendant abandons the agreement, the conspiracy is terminated as to him onl…

(a) Except as otherwise provided in this Section attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious crime which is attempted or solicited or is an object of the conspiracy. (b) Attempted murder, and solicitation and conspiracy to comm…

As used in this Chapter: (a) Human Being means a person who has been born and is alive; (b) Bodily Injury means physical pain, illness, unconsciousness or any impairment of physical condition; (c) Serious Bodily Injury means bodily injury which creates: serious permanent disfigur…

(a) A person is guilty of criminal homicide if he causes the death of another human being: (1) intentionally and with premeditation; or (2) intentionally; or (3) knowingly; or (4) recklessly; or (5 by criminal negligence. (b) Criminal homicide is aggravated murder, murder, mansla…

COL9192018 (a) Criminal homicide constitutes aggravated murder when: (1) it is committed intentionally with premeditation; or (2) it is committed during the commission or attempt to commit any felony defined in Chapters 22, 25, 31, 34, 37, 40 or 58 of this Title; or (3) death is …

(a) Criminal homicide constitutes murder when: (1) it is committed intentionally or knowingly; or (2) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life; or (3) death is directly caused by the illegal use of a Schedule I Con…

(a) Criminal homicide constitutes manslaughter when: (1) it is committed recklessly; or COL9192018 (2) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse (The r…

(a) Criminal homicide constitutes negligent homicide when it is committed by criminal negligence. (b) Negligent homicide is a felony of the third degree. SOURCE: Guam § 192(2), (3); §§ 368, 380, 399; *M.P.C. § 210.4; Cal. § 1425 (T.D.2 1968); Cal. §§ 806, 808 (1971); Mass. ch. § …

This Act may be cited or referred to as “The Unborn Victims of Violence Act of 2016.”

(a) I Liheslaturan Guåhan understands that the physical harm or death of an expectant woman could equally result in the physical harm and death to the unborn child in her womb. For the woman who desires to carry and care for her unborn child to term, the protection and safety of …

For the purposes of this Chapter, the following terms are defined to mean: (a) person shall not include the pregnant woman whose unborn child is harmed; (b) unborn child shall mean a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the s…

(a) This Chapter shall not apply to acts that cause bodily harm to an unborn child if those acts were committed during any legal abortion, in accordance with Guam law. (b) This Chapter shall not apply to acts that were committed under usual and customary standards of medical prac…

(a) A person commits the offense of murder of an unborn child if, in performing acts which cause the death of an unborn child without lawful jurisdiction, the person: (1) either intended to cause the death of, or cause serious bodily injury to, the pregnant woman or her unborn ch…

COL292017 (a) A person who kills an unborn child without lawful justification commits manslaughter of an unborn child if, at the time of the killing, the person was acting under a sudden and intense passion resulting from serious provocation by another who the offender endeavors …

(a) A person commits aggravated assault of an unborn child when, in committing assault against a pregnant woman, he or she causes serious bodily injury to an unborn child. (b) Aggravated assault of an unborn child is punishable to the same extent and manner as the offense of aggr…

(a) A person commits assault of an unborn child if he or she, without legal justification and by any means, commits assault on a pregnant woman as defined in § 19.30 of Chapter 19, Title 9, Guam Code Annotated. (b) It is not a defense that no injury was caused to the unborn child…

An offense committed under this Act does not require proof that: (a) the person committing the offense had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (b) the person committing the offense did not intend to cause the death of,…

COL292017 The provisions of this Act shall not be construed to prohibit the prosecution of any person under any other provision of law. ---------- COL292017