GCA Title 9, Chapter 1
9 GCA CRIMES AND CORRECTIONS CH. 1 PRELIMINARY PROVISIONS: DEFINITIONS
2014 NOTE: Public Law 13-185 (Sept. 2, 1976) established the Criminal and Correctional Code, which was a separate publication. In the Introduction to the Criminal and Correctional Code (1977), the Compiler of Laws stated that it was a ‘whole new Code and should be interpreted as such. It follows closely the American Law Institute’s Model Penal Code of 1962.’ The 1977 publication included Notes and Comments from the Law Revision Commission, which were revised by the Compiler. The Criminal and Correctional Code (1977) as adopted by P.L. 13-185 and amended by the Guam Legislature, was ‘recodified’ as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1980). The annotations from the 1977 publication were included in Title 9 when it was added to the GCA, and have been retained in past print publications of the GCA. For historical purposes, these annotations are included herein. The Source notes have been updated to reflect subsequent changes to each provision. Unless otherwise indicated, the Notes and Comments have been retained as they were printed in past publications of the GCA.
CHAPTER 1 PRELIMINARY PROVISIONS: DEFINITIONS
Article 1 Preliminary Provisions; Construction Article 2 Definitions
ARTICLE 1
PRELIMINARY PROVISIONS; CONSTRUCTION
- § 1.10. Short Title, Criminal and Correctional Code.
- § 1.12. Severability.
- § 1.14. Purpose for Defining Offenses.
- § 1.16. Territorial Applicability.
- § 1.18. Classes of Crimes.
- § 1.19. Felonies Defined and Classified.
- § 1.20. Relationship of Code to Other Laws; Contempts, Penalties and Remedies.
- § 1.22. Prosecution for Conduct Which Constitutes More Than One Offense.
- § 1.24. Double Jeopardy. Same Offense.
- § 1.26. Double Jeopardy. Different Offense.
- § 1.28. Concurrent Jurisdiction. When a Bar to Prosecution.
- § 1.30. Former Prosecutions. When Not a Bar to Present Prosecution.
- § 1.32. [Reserved.]
- § 1.34. Rules of Construction.
- § 1.36. Headings.
- § 1.38. Amendments Included.
- § 1.40. [Reserved.]
- § 1.42. Tenses.
- § 1.44. Gender.
- § 1.46. Number.
- § 1.48. Shall and May.
- § 1.50. Military Authority.
§ 1.10. Short Title.
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 Board (Govt. Code §§ 5500055013 and §§ 39000-39403, respectively). Hence the need for the Title to include reference to both crimes and corrections. Also, the subject of disposition of prisoners has been expanded in this Code.
§ 1.12. Severability.
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 provisions of this Code are severable. SOURCE: GC § 19. COMMENT: While there is no severability clause in the Guam Penal Code, it has been regarded as severable. Thus, the practice, if not the law, has been continued.
§ 1.14. Purpose for Defining Offenses.
(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 preventing the commission of offenses through the deterrent influence of the sentence authorized, the rehabilitation of those convicted, and their confinement when required in the interest of public protection; (3) to subject to public control persons whose conduct indicates that they are disposed to commit offenses; (4) to give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction; (5) to differentiate on reasonable grounds between serious and minor offenses; and (6) to define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault. (b) The general purposes of the provisions governing the sentencing offenders are: (1) to prevent and condemn the commission of offenses; (2) to promote the correction and rehabilitation of offenders; (3) to assure the public safety by preventing the commission of offenses through the deterrent influence of sentences imposed and the confinement of offenders when required in the interest of public protections; (4) to safeguard offenders against excessive, disproportionate, or arbitrary punishment; (5) to give fair warning of the nature of the sentences that may be imposed on conviction of an offense; (6) to differentiate among offenders with a view to a just individualization in their treatment; and (7) to advance the use of generally accepted scientific methods and knowledge in sentencing offenders. (c) The provisions of this Code shall be construed according to the fair import of their terms, but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this Section and the special purposes of the particular provision involved. The discretionary powers conferred by this Code shall be exercised in accordance with the criteria stated in the Code and, insofar as such criteria are not decisive, to further the general purposes stated in this Section. CROSS-REFERENCES: § 1.34 of this Title.
9 GCA CRIMES AND CORRECTIONS CH. 1 PRELIMINARY PROVISIONS: DEFINITIONS
COMMENT: Section 1.14 is based upon Model Penal Code § 1.02 with modifications suggested by the New Jersey Criminal Law Revision Commission. See 1 N.J. § 2C:1-2 (Final Report, 1971). The Section is intended to state the most pervasive general objectives of the Code. The statement is included both for its own sake, as an explanation of the underlying legislative premises, and also as an aid and guide for the courts and correctional institutions called upon to apply and administer it.
§ 1.16. Territorial Applicability.
(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 which is such an element occurs within this Territory; (2) conduct occurring outside the Territory is sufficient under the law of this Territory to constitute an attempt to commit an offense within the Territory; (3) conduct occurring outside the Territory is sufficient under the law of this Territory to constitute a conspiracy to commit or offense within the Territory and an overt act in furtherance of such conspiracy occurs within the Territory; (4) conduct occurring within the Territory establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction which is also an offense under the law of this Territory. (5) the offense consists of the omission to perform a legal duty imposed by the law of this Territory with respect to domicile, residence, or a relationship to a person, thing, or transaction in the Territory; or (6) the offense is based on a statute of this Territory which expressly prohibits conduct outside the Territory, when the conduct bears a reasonable relation to a legitimate interest of this Territory and the person knows or should know that his conduct is likely to affect that interest. (b) Paragraph (1) of Subsection (1) does not apply when either causing a specified result or an intent to cause or danger of causing such a result is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result. (c) Paragraph (1) of Subsection (a) does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the Territory which would not constitute an offense if the result had occurred there, unless the person intentionally or knowingly caused the result within the Territory. (d) When the offense is homicide, either death of the victim or the bodily impact causing death constitutes a ‘result,’ within the meaning of Paragraph (1) of Subsection (a) and if the body of a homicide victim is found within the Territory, it is presumed that such result occurred within the Territory. (e) The Territory includes the land and water and the air space above such land and water with respect to which the Territory has legislative jurisdiction. (f) Notwithstanding that territorial jurisdiction may be found under this Section, the court may dismiss, hold in abeyance for up to six months, or with the permission of the defendant, place on an inactive list a criminal prosecution under the law of this Territory where it appears that such action is in the interests of justice because the defendant is being or is likely to be prosecuted for an offense based on the same conduct
9 GCA CRIMES AND CORRECTIONS CH. 1 PRELIMINARY PROVISIONS: DEFINITIONS
in another jurisdiction and this Territory’s interest will be adequately served by a prosecution in the other jurisdiction. SOURCE: Guam PC §§ 27, 184; M.P.C. § 1.03; Cal. § 410 (1971); Mass. Ch. 263, § 5; *N.J. § 2C:1-3. Compare Guam PC § 497. COMMENT: Section 1.16 supersedes former Guam PC § 27 and is based upon M.P.C. § 1.03 with a modification (Subsection (f)) suggested by the New Jersey Criminal Law Revision Commission. It is not expected that Guam would have as many problems with interstate crime as are found in the forty-eight contiguous states. However, with the ease of air travel between the islands, between Guam and the mainland and between Guam and Asia, it is believed that comprehensive legislation providing for criminal jurisdiction is desirable and may help to deter certain types of organized activity. Guam PC § 497 has not been expressly included within this Section. This Section punishes the bringing of property into Guam which has been stolen as if that property was stolen, or received as stolen, within Guam. The Guam Law Revision Commission felt that Guam has adequate extradition proceedings to cope with such a problem, if and when it arises.
§ 1.18. Classes of Crimes.
(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 persons convicted thereof may be sentenced to imprisonment for a term which, apart from an extended term, is in excess of one year. (c) A crime is a misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto. (d) Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a misdemeanor. (e) A crime is a petty misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto or if it is defined by a statute other than this Code which now provides that person convicted thereof may be sentenced to imprisonment for a maximum term of less than one year. (f) An offense defined by this Code or by any other statute of Guam constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction. A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. (g) An offense defined by any statute of Guam other than this Code shall be classified as provided in this Section and the sentence that may be imposed upon conviction thereof shall hereafter be governed by this Code. SOURCE: Guam PC., §§ 15-17, 177; M.P.C. § 1.04; Cal. §§ 200-203 (T.D. 2, 1968); Cal. §§ 300-304 (1971); Mass. ch. 263, § 4; N.J. § 2c:1-4. CROSS-REFERENCES: See Index for listing of Crimes and their classification. Section 1.19. COMMENT: Section 1.18 supersedes former §§ 15-17 of the Guam PC. It is based upon the Model Penal Code, § 1.04. However, its basic policy is reflected in recent recommendations by commissions in California, Massachusetts and New Jersey. This Section, by itself, makes little significant change, but lays that groundwork for important changes elsewhere in this Code. An additional classification of ‘Violation’ is defined, a classification which does not exist under the present Penal Code. The major purpose of this Section and § 1.19 is to classify the various types of unlawful conduct by degree, giving a wider range of possibilities than exists under the Penal Code. ‘Offenses’ are divided into ‘crimes’ and ‘violations,’ the latter being differentiated by the lack of imprisonment as a punishment and the lack of any civil disability attaching to its conviction. Inclusion of a ‘petty misdemeanor’ reflects a differentiation between the many types of crimes which were scattered throughout the Codes of Guam for which many individual sentences were assigned, but all of which were misdemeanors.
9 GCA CRIMES AND CORRECTIONS CH. 1 PRELIMINARY PROVISIONS: DEFINITIONS
This Section also makes clear the manner in which offenses stated in other laws are to be classified. 2024 NOTE: Reference to ‘this Territory’ replaced with ‘Guam’ pursuant to 1 GCA § 420.
§ 1.19. Felonies Defined and Classified.
(a) Felonies defined by this Code are classified, for the purpose of sentence, into three degrees, as follows:
- felonies of the first degree;
- felonies of the second degree;
- felonies of the third degree. Any crime declared to be a felony, without specification of degree, is of the third degree. (b) Notwithstanding any other provision of law, a felony defined by any statute of Guam other than this Code shall constitute for the purpose of sentence a felony of the third degree. SOURCE: *M.P.C. § 6.01; Cal. § 203 (T.D. 2, 1968); cf. Cal. § 303 (1971); Mass. ch. 263, § 4; N.J. § 2C:43-1. CROSS-REFERENCES: See Index for listing of felonies by Degree. COMMENT: This Section is designed to end the proliferation of sentences, both maximum and minimum, for crimes which have been defined to be felonies. The Guam Penal Code contains no equivale