Title 9, Crimes and Corrections

COL 2026-06-10 Penalty; Authority of Officers. (a) For the purposes of this Section: (1) Vehicle means a car, truck, camper, trailer, or other form of transportation in which an animal can be transported. (2) Extreme temperature means an extremely cold or high temperature, inside…

(a) It is an affirmative defense in a prosecution for violation of animal abuse under § 70.25 (a) of this Article if: (1) the defendant reasonably and humanely caused the death of the animal to end its immediate and intractable suffering; or (2) the animal posed a present and imm…

(a) Unless otherwise authorized by law, sodium pentobarbital and such other agents as may be specifically approved by the Guam Board of Allied Health Examiners shall be the only methods used for euthanasia of an animal. A lethal solution shall be used in the following order of pr…

(a) Reporting and Immunity. (1) The following designees, having a good-faith belief that any animal with whom the designee comes in contact has suffered a violation of this Article or that any person with whom the designee comes in contact has committed a violation of this Articl…

(a) Community Service. In addition to any other sentence it may impose, the court may order the defendant to participate in community service. No such participation shall occur at any humane society, animal shelter, or other facility where an animal is present, unless first appro…

Death of an Animal. (a) Any person who, with no lawful authority, intentionally, knowingly, recklessly, or with criminal negligence causes physical injury to, or the death of, an animal shall be liable to the animal’s guardian for the damages sustained by the guardian. The guardi…

This Chapter shall be known, and may be cited, as >>The Guam Gun- Free School Zone Act of 2004’’.

As used in this Chapter, the following definitions shall apply: (a) “School zone’’ means an area in, or on the grounds of, a public or private school providing instruction in early childhood, kindergarten or grades 1 to 12, inclusive. (b) “Firearm’’ shall mean as defined in 10 GC…

Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (a) of Subdivision § 71.20, shall be punished as specified in Subdivision § 71.60.

It shall be unlawful for any person to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (a) of Subdivision § 71.20. The prohibition contained in this Subdivision does not COL 110609 apply to the discharge of a firearm if the firearm is disch…

(a) It shall be unlawful for any person to bring or possess a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearl…

Any person who violates § 71.30, § 71.40, or § 71.50 of this Act shall be guilty of a felony of the third degree and any person who is convicted of an offense pursuant to § 71.30, § 71.40, or § 71.50 shall be sentenced as follows: (a) For a first offense, the Court shall impose a…

Except as otherwise provided in Chapter 80 of Title 9 of the Guam Code Annotated, no limitation shall be placed on the information concerning the background, character and conduct of a person convicted of an offense which the Superior Court of Guam may receive and consider for th…

For purposes of this Chapter, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firin…

(a) The Department of Education and other entities covered by this Chapter shall post permanent signs with large visible lettering stating at a minimum, >>Warning this is a Gun-Free Zone’’ at the main entrances of the covered facilities within their control on or before January 1…

This Chapter does not apply to a duly appointed peace officer as defined in § 5.55, Article 2, Chapter 5, Title 8, Guam Code Annotated, a full-time paid peace officer of another state or the Federal government who is carrying out official duties while in Guam, any person summoned…

This Chapter does not apply to an on-duty security guard authorized to carry a loaded firearm, provided the security guard is an employee of an entity contracted by the school for security purposes.

This Chapter does not apply to an existing shooting range at a public or private school or university or college campus.

If any provision of this Act or its application to any person or circumstances is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to…

All terms of imprisonment specified in the Guam Codes imposed upon conviction of an offense shall be fixed terms, having a determined termination date set at the time of sentencing by the court, except as provided for extension of terms of imprisonment under §§ 80.32 and 80.36 of…

(a) Unless otherwise provided by law, the court may suspend the imposition of sentence of a person who has been convicted of a crime in accordance with § 80.60, may order him to be committed in lieu of sentence in accordance with § 80.20 or may sentence him as follows: (1) to imp…

As used in this Article: (a) “Sex crime” means an offense under 9 GCA §§ 25.15, 25.20, or 25.25. (b) “Parole Board” means the Guam Parole Board established pursuant to 9 GCA, Chapter 85.

(a) The Department of Corrections shall establish a pilot treatment program for persons convicted of a sex crime who are eligible for, or sentenced to, parole or post-prison supervision. Evaluation of this pilot treatment program will be completed no later than three (3) years af…

(a) The Department of Corrections shall adopt rules, pursuant to the Administrative Adjudication Law, to implement and enforce the treatment program of hormone or anti-androgen, such as medroxyprogesterone acetate, under § 80.102 of this Article. Rules adopted under this Subsecti…

A person required to undergo a treatment program of hormone or anti-androgen, such as medoxyprogesterone acetate, under § 80.102 of this Article shall pay or reimburse all costs of the treatment program directly to the department, agency, or organization administering the treatme…

Program; Referrals to the Program. Nothing in § 80.102 or § 80.103 of this Article prohibits the Parole Board from requiring hormone or anti-androgen treatment for a person whom the Department of Corrections did not screen or evaluate as described in § 80.102 of this Article, or …

The pilot treatment program shall come to an end forty-eight (48) months after the date of implementation of this treatment program. A detailed evaluation report, which addresses the effectiveness and financial impact of the pilot treatment program shall be provided by the Direct…

(a) The probation service of the court shall make a presentence investigation and report to the court before the imposition of sentence unless the court otherwise directs for reasons stated on the record. (b) The report shall not be submitted to the court or its contents disclose…

(a) [No text] (1) The presentence report shall not be a public record. (2) It may be made available only (A) to the sentencing court, (B) to any reviewing court where relevant to an issue on which an appeal has been taken, (C) to any examining facility, correctional institution, …

(a) The court may suspend the imposition of sentence of a corporation which has been convicted of an offense or may sentence it to pay a fine or make restitution authorized by § 80.50. (b) When a corporation is convicted of a crime or a high managerial agent of a corporation is c…

Nothing in this Chapter shall affect the power of the court to deal with a youth offender as defined by § 83.15 in the manner provided by § 83.35.

(a) When a person prosecuted for a felony of the third degree, misdemeanor or petty misdemeanor is a chronic alcoholic, narcotic addict or person suffering from mental abnormality, the court may: (1) order the civil commitment of such person to a hospital or other institution for…

If, when a person has been convicted of an offense, the court, having regard to the nature and circumstances of the offense and to the history and character of the offender, is of the view that it would be unduly harsh to sentence the offender in accordance with the code, the cou…

Except as otherwise provided by law, a person who has been convicted of a felony may be sentenced to imprisonment as follows: (a) In the case of a felony of the first degree, the court shall impose a sentence of not less than five (5) years and not more than twenty (20) years; CO…

In the cases to which § 80.30 is applicable as to the sentencing of the person, a person who has not previously been convicted of a criminal offense and has been convicted of a felony for the first time may be sentenced to imprisonment as follows: (a) In the case of a felony of t…

In the cases designated in §§ 80.38 and 80.42, a person who has been convicted of a felony may be sentenced to an extended term of imprisonment as follows: (a) In the case of a felony of the first degree, for a sentence of life imprisonment; (b) In the case of a felony of the sec…

Except as otherwise provided by § 80.36, a person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to imprisonment, as follows: (a) in the case of a misdemeanor, the court shall set a maximum term not to exceed one (1) year; (b) in the case of a pet…

In the cases designated in §§ 80.40 and 80.42, a person who has been convicted of a misdemeanor may be sentenced to an extended maximum term of imprisonment not to exceed three (3) years. SOURCE: G.P.C. §§ 666, 667; *M.P.C. § 6.09. CROSS-REFERENCES: §§ 80.40, 80.42 - Extended ter…

(a) Whoever unlawfully possesses or uses a deadly weapon in the commission of a felony punishable under the laws of Guam shall, (1) in addition to the punishment imposed for the commission of such felony, be imprisoned for a term of not less than five (5) years nor more than twen…

(a) Whoever commits a felony punishable under the laws of Guam while on release on a felony charge pursuant to Chapter 40 (Criminal Procedure) of Title 8, Guam Code Annotated, shall, in addition to the sentence imposed for the crime committed while on release, be imprisoned for a…

(a) Whoever commits or attempts to commit upon a vulnerable victim, a violent felony as defined in 9 GCA, § 80.70, or theft as a second degree or third degree felony under 9 GCA, § 43.15, § 43.20, § 43.30, § 43.35, § 43.40, § 43.45, § 43.50, § 43.55, or § 43.60, or crimes of forg…

The court may sentence a person who has been convicted of a felony to an extended term of imprisonment if it finds one or more of the grounds specified in this Section. The finding of the court shall be incorporated in the record: COL 2024-12-05 (a) The offender is a persistent o…

This Section shall be known and may be cited as “the Justice Safety Valve Act of 2013.” SOURCE: Added by P.L. 33-022:2 (May 7, 2015).

Notwithstanding any other provision of law, the court may depart from the applicable mandatory minimum sentence if the court finds substantial and compelling reasons on the record that, in giving due regard to the nature of the crime, the history and character of the defendant, a…

Section 80.39.1 of this Article shall not apply if the court finds that: (a) the individual has a conviction for the same offense during the ten (10)-year period prior to the commission of the offense; (b) the individual intentionally uses a firearm in a manner that causes physic…

Upon departing from mandatory minimum sentences, judges shall report to the Judicial Council which shall, one (1) year following the enactment of this statute and annually thereafter, make available in electronic form and on the world wide web, a report as to the number of depart…