GCA Title 9, Chapter 70
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
CHAPTER 70 MISCELLANEOUS CRIMES
2021 NOTE: This chapter has been dramatically reorganized by the Compiler pursuant to the authority granted by 1 GCA § 1606. Article 1 is now comprised of the provisions addressed in P.L. 35144 (Jan. 22, 2021), entitled Protecting Animal Welfare and Safety (PAWS) Act (Pugua’s Law). The following provisions in Chapter 70 were either renumbered and ‘recodified’ in other chapters in Title 9, GCA that addressed substantive offenses, or were renumbered as part of a new Article 4 entitled ‘Miscellaneous Criminal Offenses. 9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES This publication does not include § 70.44.1, Selling Tobacco to Minors, added by P.L. 21-025:2 (May 17, 1991), as this provision had previously been repealed by P.L. 24-278:4 (Oct. 16, 1998). Comments and other annotations for each provision were retained as part of the ‘recodification’ process. In light of the reorganization of this Chapter, the following Comment from past publications of the GCA, is no longer applicable: COMMENT: Most, if not all, of the offenses set forth in this Chapter could be dealt with in one of the previous Chapters, but not without greater distortion of those Chapters than is thought desirable. All of the crimes covered by this Chapter are found in the Penal Code. However, these Sections have been modernized in line with the intent of this Code. 2014 NOTE: Unless otherwise indicated, the Comments are the original annotations from the Criminal and Correctional Code (1977), enacted by P.L. 32-185 (Sept. 2, 1976). These annotations were included when the Criminal and Correctional Code (1977) was ‘recodified’ as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1980). These original annotations were retained in past print publications of the GCA, and are included herein for historical purposes. The Source notes, however, have been updated to reflect subsequent changes to each provision.
- Article 1. Protecting Animal Welfare and Safety (PAWS) Act (Pugua’s Law).
- Article 2. Discrimination in Housing Accommodations.
- Article 3. The Guam Social Host Act.
- Article 4. Miscellaneous Criminal Offenses.
ARTICLE 1 PROTECTING ANIMAL WELFARE AND SAFETY (PAWS) ACT (PUGUA’S LAW)
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
2021 NOTE: P.L. 35-144 (Jan. 22, 2021), amended, added, and renumbered §§ 70.10 to 70.10.15. Pursuant to the authority granted by 1 GCA § 1606, these provisions have been renumbered (where applicable) as §§ 70.10 to 70.85. and codified under Article 1, renamed Protecting Animal Welfare and Safety (PAWS) Act (Pugua’s Law). P.L. 35-144:3 (Jan. 22, 2021) provided: ‘All fines and penalties collected for violations pursuant to §§ 70.10 through 70.10.15 of Article 1, Chapter 70, Title 9, Guam Code Annotated, shall be deposited in the ‘Rabies Prevention Fund’ as established in § 34307 of Article 3, Chapter 34, Title 10, Guam Code Annotated.’
- § 70.10. Title.
- § 70.15. Definitions.
- § 70.20. Animal Neglect.
- § 70.25. Animal Abuse.
- § 70.30. Aggravated Animal Abuse.
- § 70.35. Animal Fighting.
- § 70.40. Sexual Assault of an Animal.
- § 70.45. Bodily Alterations, Disablements, or Removals.
- § 70.50. Animal Abandonment.
- § 70.55. Failure of a Motorist to Render Aid to an Injured Animal.
- § 70.60. Leaving Animals Unattended in Motor Vehicles; Penalty; Authority of Officers.
- § 70.65. Defenses; Exceptions.
- § 70.70. Euthanasia Procedures.
- § 70.75. Pre-Trial Provisions.
- § 70.80. Sentencing Provisions.
- § 70.85. Civil Right of Action for the Wrongful Injury or Death of an Animal.
§ 70.10. Title.
Sections 70.10 through 70.85 of this Article may be cited as the Protecting Animal Welfare and Safety (PAWS) Act or Pugua’s Law. SOURCE: Renamed and amended by P.L. 35-144:2 (Jan. 22, 2021). 2021 NOTE: This provision was formerly entitled ‘Cruelty to Animals: Defined; Exceptions; Penalty,’ which included the following annotation:
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
SOURCE: G.P.C. §§ 384a, 596-596b, 599a, 599b; M.P.C. § 250.11; Cal. §§ 1440-1442 (1971); Mass. ch. 269, § 11; *N.J. § 2C:33-11. Amended by P.L. 31-005:4 (Mar. 9, 2011). Former § 70.10 was apparently implicitly repealed by P.L. 35-144 (Jan. 22, 2021), which established new criminal offenses for abuse of animals.
§ 70.15. Definitions.
For the purposes of §§ 70.10 through 70.85 of this Article: (a) Animal means any nonhuman mammal, bird, reptile, amphibian, or fish, and is inclusive of, but not limited to, livestock and domestic animals. (b) Caregiving agency means an animal shelter, humane society, or other animal care agency that has as its principal purpose the humane treatment of animals, and that has temporary custody of an animal after the animal has been seized. (c) Domestic animal means any animal, other than livestock, that is owned by a person or in a person’s possession.
- (d) Good animal husbandry includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, or the ear cropping and tail docking of dogs, according to accepted practices of veterinary medicine or animal husbandry.
- (e) Guardian means a person who has possession, title, ownership interest, or other legal interest in an animal.
- (f) Livestock means cattle, carabao, swine, deer, sheep, goats, equine, and poultry raised for labor, food, or other purposes.
- (g) Minimum care means care reasonably sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the guardian, includes, but is not limited to, the following requirements: (1) open or adequate access to food of reasonable
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to potable water of reasonable quality and quantity to satisfy the animal’s needs; (3) access to a structure reasonably sufficient to protect the animal from wind, rain, sun, or other environmental or weather conditions; (4) veterinary and other care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease; (5) for a domestic animal, continuous access to an area: (A) with reasonably adequate space for exercise necessary for the health of the animal; (B) with air temperature reasonably suitable for the health of the domestic animal; (C) with adequate ventilation; (D) with regular diurnal lighting cycles of either natural or artificial light; and (E) kept reasonably clean and free from excess waste or other contaminants that could affect the health of the animal(s). (h) Officer means a member of the Guam Police Department, a Mayor of Guam, an Animal Control Officer, a Conservation Officer, or any other person authorized by law by the Chief of the Guam Police Department or by the Director of the Department of Agriculture. (i) Person means an individual, corporation, trust, partnership, association, or any other legal entity. (j) Physical injury means physical trauma, impairment of condition, or pain or illness produced by violence or by a thermal or chemical agent, and includes, but is not limited to, starvation, dehydration, hypothermia,
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
hyperthermia, muscle atrophy, restriction of blood flow to a limb or organ, mange or other skin disease, or parasitic infestation. (k) Physical trauma means fractures, cuts, punctures, bruises, burns, or other wounds. (l) Possession means to have physical custody or to exercise dominion with intent of ownership or control over an animal. (m) Serious physical injury means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb, body part, or bodily organ. (n) Torture means an action taken with the intent of inflicting or prolonging pain or suffering. (o) Suffering means fear, agitation, severe depression or stress, or other forms of severe emotional or mental distress. SOURCE: Added as § 70.10.1 by P.L. 35-144:2 (Jan. 22, 2021), renumbered to § 70.15 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: Past publications of the GCA included § 70.01 entitled ‘Cruelty to Animals; Definitions,’ which had been added by P.L. 31005:3 (Mar. 9, 2011). Former § 70.01 was apparently implicitly repealed by P.L. 35-144 (Jan. 22, 2021). This provision was formerly entitled ‘Endangering Health & Safety: Defined; Penalty’; it was renumbered to § 61.55 by the Compiler as part of the reorganization of Chapter 70.
§ 70.20. Animal Neglect (Violation).
(a) A person commits the offense of Animal Neglect if, except as otherwise authorized by § 70.65 of this Article, the person intentionally, knowingly, or recklessly fails to provide minimum care for an animal in the person’s possession. (b) Animal Neglect is an offense punishable by a fine of not more than Five Hundred Dollars ($500) per offense. (c) Each act or omission in violation of Subsection (a) of this Section shall constitute a separate offense.
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
SOURCE: Renamed and added as § 70.10.2 by P.L. 35-144:2 (Jan. 22, 2021), renumbered to § 70.20 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: P.L. 35-144:2 (Jan. 22, 2021) added this provision as § 70.10.2, apparently implicitly repealing former § 70.10.2 entitled ‘Animal Abandonment,’ which had been added by P.L. 31-005:3 (Mar. 9, 2011). The offense of Animal Abandonment is now codified at § 70.50. This provision was formerly entitled ‘Creation of Hazards on Land: Penalty’; it was renumbered to § 61.60 by the Compiler as part of the reorganization of Chapter 70.
§ 70.25. Animal Abuse.
(a) A person commits the crime of Animal Abuse if, except as otherwise authorized by § 70.65 of this Article, the person intentionally, knowingly, recklessly, or with criminal negligence:
- causes physical injury to an animal;
- causes serious physical injury to an animal; or
- causes the death of an animal. (b) Animal Abuse under Subsection (a)(1) of this Section is a misdemeanor. Animal Abuse under Subsection (a)(2) or (a)(3) of this Section is a third degree felony. (c) Each act or omission in violation of Subsection (a) of this Section shall constitute a separate offense. SOURCE: Renamed and added as § 70.10.3 by P.L. 35-144:2 (Jan. 22, 2021), renumbered to § 70.25 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: P.L. 35-144:2 (Jan. 22, 2021) added this provision as § 70.10.3, formerly entitled ‘Authority to Enter Premises and Court Proceedings,’ which had been added by P.L. 31-005:7 (Mar. 9, 2011), and repealed and reenacted as 9 GCA § 34127 by P.L. 35121:4 Dec. 11, 2020). Past publications of the GCA included § 70.10.1 entitled ‘Animal Abuse in the First Degree,’ which had been added by P.L. 31-005:5 (Mar. 9, 2011) and was apparently implicitly repealed by P.L. 35144 (Jan. 22, 2021). This provision was formerly entitled ‘Jet Ski Operation, Tumon Bay’; it was renumbered to § 70.420 by the Compiler as part of the reorganization of Chapter 70.
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
§ 70.30. Aggravated Animal Abuse.
(a) A person commits the crime of Aggravated Animal Abuse if, except as otherwise authorized by § 70.65 of this Article, the person intentionally, knowingly, recklessly, or with criminal negligence:
- tortures an animal; or (2) causes the death of an animal under circumstances demonstrating malice aforethought.
- (b) Aggravated Animal Abuse is a second degree felony.
- (c) Each act or omission in violation of Subsection (a) of this Section shall constitute a separate offense. SOURCE: Added as § 70.10.4 by P.L. 35-144:2 (Jan. 22, 2021), renumbered to § 70.30 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. Past publications of the GCA included § 70.10.1 entitled ‘Animal Abuse in the First Degree,’ which had been added by P.L. 31-005:5 (Mar. 9, 2011). This provision was formerly entitled ‘Creation of Certain Hazards; Oil Pollution by Vessels: Definitions: Penalty’; it was renumbered to § 61.65 by the Compiler as part of the reorganization of Chapter 70.
§ 70.35. Animal Fighting.
(a) No person shall cause, sponsor, aid, abet, arrange, hold, or encourage any animal to fight, menace, or injure another animal for the purpose of sport, amusement, or pecuniary gain. This Section does not apply to cockfighting that is authorized by law. (b) For the purposes of this Section, a person encourages an animal to fight, menace or injure another animal for the purpose of sport, amusement, or pecuniary gain, if the person: (1) is knowingly present at or wagers on such an occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; (2) owns, trains, transports, possesses, has custody or control of, breeds, or equips an animal with the intent that such animal will be engaged in such an occurrence of
9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES
fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; (3) knowingly allows any such occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain to occur on any property owned or controlled by the person; (4) knowingly allows any animal to be used for such an occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by the person; (5) knowingly advertises or uses any means of communication for the purpose of promoting such an occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; or (6) knowingly possesses, owns, buys, sells, transfers, or manufactures any animal used for fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; or any device intended to train or enhance the animal’s fighting, menacing or injuring ability for the purpose of sport, amusement, or pecuniary gain. (c) Any violation of Subsection (a) of this Section shall constitute Animal Fighting, which is a third degree felony. (d) Notwithstan