Title 9 — Crimes and Corrections

This Code shall be known as the Criminal and Correctional Code. COMMENT: To provide comprehensive treatment in the criminal law, it was desirable to include in this Code the provisions governing the creation and organization of the Department of Corrections and Territorial Parole…

If any provisions of this Code or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application of this Code which can be given effect without the invalid provision or application, and to this end the p…

(a) The general purposes of the provisions governing the definition of offense are: (1) to forbid, prevent, and condemn conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests; (2) to insure the public safety by preventi…

(a) Except as otherwise provided in this Section, a person may be convicted under the law of this Territory of an offense committed by his own conduct or the conduct of another for which he is legally accountable if; (1) he conduct which is an element of the offense or the result…

(a) An offense defined by this Code or by any other statute of Guam, for which a sentence of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, misdemeanors or petty misdemeanors. (b) A crime is a felony if it is so designated in this Code or if p…

(a) Felonies defined by this Code are classified, for the purpose of sentence, into three degrees, as follows: (1) felonies of the first degree; (2) felonies of the second degree; (3) felonies of the third degree. Any crime declared to be a felony, without specification of degree…

(a) No conduct constitutes an offense unless it is a crime or violation under this Code or other statute of Guam. (b) The provisions of this Code shall apply to offenses defined by other statutes, unless otherwise expressly provided or unless the context otherwise requires. (c) N…

When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if: (a) one offense is included in the other as defined in § 105.58 of the…

A prosecution of a defendant for a violation of the same provision of the statutes based upon the same facts as a former prosecution is barred by such former prosecution under the following circumstances: (a) The former prosecution resulted in an acquittal by a finding of not gui…

A prosecution of a defendant for a violation of a different provision of the statutes or based on different facts than a former prosecution is barred by such former prosecution under the following circumstances: (a) The former prosecution resulted in an acquittal or in a convicti…

When conduct constitutes an offense within the concurrent jurisdiction of Guam and of the United States or any state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in Guam under the following circumstances: (a) the first prosecution resulted in…

A prosecution is not a bar within the meaning of §§ 1.24, 1.26 and 1.28 under either of the following circumstances: (a) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense tried in that court; or (b) The former prosecution result…

[Reserved.]

Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this Code. SOURCE: Cal. § 105 (1971). CROSS-REFERENCES: See § 1.14 of this Title.

Chapter, article and section headings do not in any manner affect the scope, meaning or intent of the provisions of this Code. SOURCE: Cal. § 106 (1971).

Whenever any reference is made to any portion of this Code or of any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.

[Reserved.]

The present tense includes the past and future tenses; and the future, the present.

The masculine gender includes the feminine and neuter.

The singular number includes the plural; and the plural, the singular.

Shall is mandatory and may is permissive. SOURCE: Guam PC § 7; Cal. §§ 108, 109, 110, 111 and 112 (1971). COMMENT: §§ 1.38 through 1.48 provide for general rules of construction of this Code and make clear (§ 1.38) that amendments and additions to statute mentioned in this Code a…

This Code does not affect any authority otherwise conferred by law upon any court-martial or other military authority or officer to prosecute and punish persons violating such codes or laws. SOURCE: Guam PC § 11. COMMENT: § 1.50 restates a portion of former § 11 the Penal Code. T…

Unless otherwise expressly stated: (a) Chapter means a chapter of this Title. (b) Article means an article of the chapter in which that term occurs. (c) Section means a section of this Code. (d) Subsection means a subsection of the section in which that term occurs. (e) Paragraph…

As used in this Code, peace officer has the meaning provided by 8 GCA § 5.55 of the Criminal Procedure Code. AG OPINION #78-19: Alcoholic Beverage Control inspectors have not been classified as peace officers within the meaning of this Section.

As used in this Code, Territory means Guam. 2024 NOTE: As enacted, this provision stated: “As used in this Code, Territory means the territory of Guam.” Pursuant to 1 GCA § 420, which was “intended to prohibit, among other things, official government use of the term territory of …

A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. COL120106 SOURCE: Guam PC, § 20; M.P.C. § 2.21 (1); *Cal. § 400 (T.D. 1, 1967); Cal. § 400 (1971); Mas…

(a) A voluntary act is one performed consciously as a result of effort or determination. (b) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his control of it for sufficient time to have been able to terminate his…

A person is not guilty of an offense if his liability is based solely on an omission unless the law defining the offense expressly so provides, or a duty to perform the act is otherwise imposed by law. SOURCE: M.P.C. § 2.01 (3); *Cal. § 402 (T.D.1 1967); Cal. § 405 (B) (2) 1971; …

Except as provided in § 4.45, a person is not guilty of a crime unless he acts intentionally, knowingly, recklessly or with criminal negligence, as the law may require, with respect to the conduct, the result thereof or the attendant circumstances which constitute the material el…

(a) A person acts intentionally, or with intent, with respect to his conduct or to a result thereof when it is his conscious purpose to engage in the conduct or cause the result. (b) A person acts knowingly, or with knowledge, with respect to his conduct or to attendant circumsta…

(a) If the definition of an offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state shall apply to each such material element. (b) If the definition of a crime prescri…

Except as provided in § 4.45, if the definition of a crime does not expressly prescribe a culpable mental state, a culpable mental state is nonetheless required and is established only if a person acts intentionally, knowingly or recklessly. SOURCE: Guam PC, § 20; M.P.C. § 2.02; …

The culpable mental state requirements of § 4.25 and § 4.40 do not apply if the offense is a violation or if the law defining the offense clearly indicates a purpose to dispense with any culpable mental state requirement. SOURCE: M.P.C. § 2.05; *Cal. § 407 (T.D.1 1967); Mass. ch.…

(a) An element of an offense which requires that the defendant have caused a particular result is established when his conduct is an antecedent but for which the result would not have occurred, and, (1) if the offense requires that the defendant intentionally or knowingly caused …

Commission of Crime. A person is guilty of an offense if, acting with the culpability required for the offense, he causes or aids an innocent or non-responsible person to engage in conduct prohibited by the definition of the offense. SOURCE: G.P.C. § 31; M.P.C. § 2.06(2); *Cal. §…

A person is guilty of an offense if, with the intention of promoting or assisting in the commission of the offense, he induces or aids another person to commit the offense. If the definition of the offense includes lesser offenses, the offense of which each person shall be guilty…

A person is guilty of criminal facilitation when, knowing that another person intends to engage in conduct which in fact constitutes a crime, he knowingly furnishes substantial assistance to him. Criminal facilitation of a felony of the first degree is a felony of the third degre…

Certain Defenses. In any prosecution in which the criminal liability of the defendant is based upon the conduct of another person, it is no defense that: (a) the offense can be committed only by a particular class of persons to which the defendant does not belong; or (b) the othe…

COL120106 Unless otherwise provided by law, in any prosecution in which the criminal liability of the defendant is based upon the conduct of another person, it is a defense that: (a) the defendant was a victim of the offense; or (b) under circumstances manifesting a voluntary and…

(a) A corporation may be convicted of: (1) any offense committed in furtherance of its affairs on the basis of conduct performed, authorized, requested, commanded or recklessly tolerated by (A) the board of directors; (B) a managerial agent acting in the scope of his employment; …

No person may be tried for or convicted of an offense if: (a) his age at the time he is charged with an offense places him within the exclusive jurisdiction of the Family Division of the Superior Court; (b) he was made the subject of a petition to commence proceedings in the juve…

(a) I Liheslaturan Guåhan finds that it is proper for law-abiding people to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action from acting in defense of themselves and others. (b) I Liheslatura further finds tha…

(a) A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if: (1) the person against whom th…

(a) As used in this Section, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. (b) A person who uses force as permitted in § 7.112 is justified in using such force and is immune from criminal prosecution and civil…

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

A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental illness, disease or defect, he lacked substantial capacity to know or understand what he was doing, or to know or understand that his conduct was wrongful, or to control his a…

Evidence that the defendant suffered from mental illness, disease or defect is admissible whenever it is relevant to prove the defendant’s state of mind. SOURCE: M.P.C. § 4.02; *Cal. 531 (T.D.2 1968); Mass. ch. 263, § 27(1); N.J. § 2C:4-2(a). COMMENT: This Section represent a cod…

(a) Mental illness, disease or defect, precluding responsibility, is an affirmative defense which the defendant must prove by a preponderance of the evidence. (b) The defendant may not introduce evidence that he is not criminally responsible, as defined in § 7.16, unless he has e…

(a) Whenever a plea of not guilty by reason of mental illness, disease or defect is entered or a notice is given under § 7.22, the court shall appoint at least one qualified psychiatrist or other qualified person (hereinafter referred to as psychiatrist) to examine the defendant …

In any case in which evidence of mental illness, disease or defect has been introduced pursuant to the provisions of § 7.19 and in which the defendant is acquitted, the court may order an evaluation of his condition and initiation of proceedings pursuant to the provisions of 10 G…