2022 Guam Statutes :: Title 9 - Crimes & Corrections :: Chapter 19 - Assault, Reckless Endangering, Terrorizing (2024)

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Universal Citation: 9 Guam Code §§ 19.10 - 19.81 (2022)

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9 GCA CRIMES AND CORRECTIONSCH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZINGCHAPTER 19ASSAULT, RECKLESS ENDANGERING, TERRORIZING§ 19.10.§ 19.20.§ 19.30.§ 19.40.§ 19.50.§ 19.60.§ 19.69.§ 19.70.§ 19.80.§ 19.81.General Definitions.Aggravated Assault; Defined and Punished.Assault; Defined and Punished.Reckless Conduct; Defined and Punished.Terroristic Conduct; Defined and Punished.Terrorizing; Defined and Punished.Definitions.Stalking.Strangulation; Defined & Punished.Interfering with the Reporting of Family Violence; Defined &Punished.§ 19.10. General Definitions.As used in this Chapter, the terms bodily injury, serious bodily injuryand deadly weapon have the meanings provided by § 16.10.SOURCE: M.P.C. § 211.0; See Mass. ch. 263, § 3; N.J. § 2C:11-1.COMMENT: Chapter 19 is based on Model Penal Code §§ 211.0 through 211.3with modifications proposed in California. This Chapter completely eliminates all ofthe various assault-type crimes found in the former Penal Code. In the former PenalCode the crimes of "assault with intent to..." now become "attempts to commit..." asset forth in Chapter 13 of this Code. (§ 13.10) Specifically, the following majorchanges have been adopted:(a) Consolidation of the assault and battery offenses;(b) Elimination of the offenses of "assault with the intent to...";(c) Creation of a general "reckless conduct" offense;(d) Special treatment of the use of deadly weapons; and(e) Creation of a general "terroristic conduct" offense.The principal factors upon which is based the grading structure set forth in the law are:The actor§ s capability, the seriousness of the injury inflicted or intended, and themode of a conduct. No assault offense has been classified as a first-degree felony; theclassifications range from petty misdemeanor to second degree felony. See CaliforniaJoint Legislative Committee for Revision of the Penal Code, Penal Code RevisionProject 161-167 (Tent. Draft No. 2, June 1968).Former Penal Code §§ 248 through 256 (libel) and §§ 258 through 260a(slander) provide for a crime of criminal defamation. Considering the SupremeCourt developments relative to public officials and the total lack of prosecution1COL41220179 GCA CRIMES AND CORRECTIONSCH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZINGfor criminal libel and criminal slander on Guam, the Commission felt that thesesections should be omitted from the Criminal and Correctional Code.§ 19.20. Aggravated Assault; Defined & Punished.(a) A person is guilty of aggravated assault if he either recklessly causesor attempts to cause:(1) serious bodily injury to another in circ*mstances manifestingextreme indifference to the value of human life;(2) serious bodily injury to another;(3) bodily injury to another with a deadly weapon.(b) Aggravated assault under Paragraph (1) of Subsection (a) is a felonyof the second degree; aggravated assault under Paragraphs (2) or (3) orSubsection (a) is a felony of the third degree; provided that any personconvicted of aggravated assault shall not be eligible for work release oreducational programs outside the confines of prison.SOURCE: G.P.C. §§ 149, 203-204, 225, 227, 240-246, 273, 347, 360, 361; M.P.C. §211.2(2); *Cal. § 1500 (T.D.2 1968); Cal. §§ 820, 824 (1971); Mass. ch. 265, §§ 6and 7; N.J. 2C:12-1. Amended by P.L. 19-6:8.CROSS-REFERENCES: § 53.35 (resisting arrest); § 55.40 (obstructing fire controloperations); § 58.20 (aggravated escape), all of this Title.COMMENT: This crime of "aggravated assault" is committed by either the causingof, or attempting, the injuries set forth within the Section. Actually, there are twocrimes created in this one Section, the first being under § 19.20(a)(1), which is afelony of second degree; and the second being found under Subsections (a)(2) and(a)(3), both of which are felonies of the third degree.§ 19.30. Assault; Defined & Punished.(a) A person is guilty of assault if he:(1) either recklessly causes or attempts to cause bodily injury toanother;(2) recklessly uses a deadly weapon in such a manner as to placeanother in danger of bodily injury; or(3) by physical menace intentionally puts or attempts to putanother in fear of imminent bodily injury.(b) (1) An assault against a peace officer who is performing his officialduties as a peace officer is a felony of the third degree if the perpetratorknew or should have known that the victim was a peace officer.2COL41220179 GCA CRIMES AND CORRECTIONSCH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZING(A) In any assault against a peace officer, the jury shall, withany finding of guilty, also return a finding as to whether theperpetrator had actual knowledge that the victim was a peaceofficer.(B) If the jury finds that the perpetrator had actualknowledge that the victim was a peace officer, the court shallimpose a minimum sentence of one (1) year in prison withoutsuspension, probation, parole, or work release.(2) For purposes of this § 19.30, peace officer means one sodefined in § 5.55, Title 8, Guam Code Annotated, and to also includethose individuals serving in a volunteer law enforcement capacitywithin any government of Guam law enforcement entity.(c) An assault committed by a peace officer on a person in his custodyor control, without any provocation whatsoever and with the use of excessiveforce, is a felony of the third degree.(d) An assault committed in a fight or scuffle entered into by mutualconsent is a petty misdemeanor.(e) Any other assault is a misdemeanor.SOURCE: G.P.C. §§ 149, 225, 227, 240-243, 245, 273, 347, 361, 380, 417, 601;M.P.C. § 211.1(1); *Cal. § 1510 (T.D.2 1968); Cal. §§ 824, 832, 836 (1971); Mass.ch. 265, §§ 8 and 11; N.J. § 2C:12-1; amended by P.L. 20-226:1. Subsection (b)amended by P.L. 29-095:1 (July 22, 2008).2017 NOTE: Subsection/subitem designations added/altered pursuant to the authorityof 1 GCA § 1606.COMMENT: § 19.30 supersedes a variety of former Penal Code sections with thefollowing consequence. The Guam Penal Code distinguishes between assault andbattery with respect to both definition and penalty. The new definition of assaultincludes both such former offenses.Guam Penal Code § 240 required a "present ability" for an assault. No specificinclusion exists under the present section as the general attempt provisions will becontrolling on this issue.This Section specifically provides that an assault can be committed recklessly, a lowerlevel of culpability than the Guam Penal Code language of "attempt to commit" or"willful and unlawful" infliction of injury. (Guam Penal Code §§ 240 and 242)California is equivocal on the issue and this Section probably represents the existingstate of California law. In any event, it is to be read as part of this Code and not part ofone or other of the California lines of authority based upon law which has not beenenacted here.3COL41220179 GCA CRIMES AND CORRECTIONSCH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZINGThe penalty for assault is a misdemeanor unless the injury was caused by a typicalfight or scuffle entered into by mutual consent, the latter being a petty misdemeanor. Itwould be necessary, therefore, to present evidence in such cases to show that thedefendant victimized the victim without his consent in order to obtain the higherpenalty. Likewise, a defense to the higher penalty would appear to be that the fight wasstarted upon the mutual consent of the parties. What is a mutual consent will have tobe determined by a jury. Instructions must be developed for this instance.§ 19.40. Reckless Conduct; Defined & Punished.(a) A person is guilty of reckless conduct if he:(1) recklessly engages in conduct which unjustifiably places ormay place another in danger of death or serious bodily injury;(2) intentionally points a firearm at or in the direction of another,whether or not the defendant believes it to be loaded.(b) Reckless conduct is a misdemeanor.SOURCE: e.g. Guam §§ 273, 346, 347, 361, 417; cf. §§ 394, 402, 588a; M.P.C. §211.2; *Cal. § 1520 (T.D.2 1968); Cal. § 840 (1971); Mass. ch. 265, §§ 10 and 11;N.J. § 2C:12-2.COMMENT: § 19.40 supersedes a number of Guam Penal Code provisionspunishing conduct which, though fortuitously not resulting an injury, is reckless withthe respect to the creation of danger to life. This type of reckless conduct isgeneralized into one provision as is done in the Model Penal Code and other ModernCodes.§ 19.50. Terroristic Conduct; Defined & Punished.(a) A person is guilty of terroristic conduct if he threatens to commitany crime of violence with intent to cause evacuation of a building, place ofassembly; or facility of public transportation, or otherwise to cause seriouspublic inconvenience, or in reckless disregard of the risk of causing suchinconvenience.(b) Terroristic conduct is a felony of the third degree.SOURCE: cf. Guam § 403a; *M.P.C. § 211.3; Cal. § 1530 (T.D.2 1968); Mass. ch.265, § 9; N.J. § 2C:12-3.CROSS-REFERENCES: §§ 61.15, 55.20 and 61.40 of this Title.COMMENT: Essentially a new section. Compare former § 403a which is limited tofalse reports of a bomb. It is directed towards a threat to commit a crime of violencefor the purpose of causing serious public inconvenience, which would include a threatto explode a bomb, and any other threats, even though no such bomb or device exists.However, it is not intended to cover conduct which comes within the category ofdisorderly conduct, false alarms or disrupting proceedings. Rather, it is directed at the4COL41220179 GCA CRIMES AND CORRECTIONSCH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZINGdefendant§ s own threat which is intended to cause the prohibited consequences.Similarly, it is not intended to include threat made to terrorize another. This type ofconduct is covered by § 19.30(a)(3).§ 19.60. Terrorizing; Defined & Punished.(a) A person is guilty of terrorizing if he communicates to any person athreat to commit or to cause to be committed a crime of violence dangerousto human life, against the person to whom the communication is made oranother, and the natural and probable consequence of such a threat, is toplace the person to whom the threat is communicated or the personthreatened in reasonable fear that crime will be committed.(b) Terrorizing is a felony of the third degree.SOURCE: Added by P.L. 16-34, eff. 09/02/81.§ 19.69. Definitions.Unless otherwise indicated, as used in § 19.70:(a) Harasses or harassment means a knowing and willful course ofconduct, whether physical, verbal, written, electronic, telephonic, via orby use of a computer, computer network, computer system, telephonenetwork, data network, text message, instant message, or otherwise,directed at a specific person which alarms, annoys, or distresses theperson, and which serves no legitimate purpose. Such course of conductmust be of a nature to cause a reasonable person to suffer substantialemotional distress, and must cause substantial emotional distress.(b) Course of conduct means a pattern of conduct composed of aseries of acts over a period of time, however short, evidencingcontinuity of purpose. Constitutionally and statutorily protectedactivity, including, but not limited to, picketing as a result of a labordispute, is not included in this definition.(c) Credible threat means any threat, physical or verbal, overtly orsubtly manifested, constituting a threat with the intent and apparentability to carry out the threat with the person who is the target of thethreat to reasonably fear for his or her safety or the safety of his or herimmediate family. Such threatening advance must be against the life of,or a threat to cause bodily injury to, the person threatened or to amember of his or her immediate family.(d) Computer means any electronic, magnetic, optical,electrochemical, or other high-speed data processing device performing5COL41220179 GCA CRIMES AND CORRECTIONSCH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZINGlogical, arithmetic, or storage functions, and includes all computerequipment connected or related to such a device in a computer systemor computer network, but shall not include an automated typewriter ortypesetter, a portable hand-held calculator, or other similar device.(e) Computer network means two (2) or more computers orcomputer systems interconnected by communication lines, includingmicrowave, electronic, or any other form of communication.(f) Computer system means a set of interconnected computerequipment intended to operate as a cohesive system.SOURCE: Added by P.L. 22-35:2 (9/27/93). Amended by P.L. 31-009:2 (Mar. 9,2011).NOTE: Section 1 of P.L. 22-35 stated the following Legislative Findings and gave tothis and the following section the title, The Guam Stalking Law:The Legislature finds Guam law to be woefully lacking in the adequateprotection of persons who are threatened by the menacing presence of anotherperson. It is assumed that scores of assaults and homicides could have beenprevented in Guam over the last several years with adequate protective statutesin effect. The Legislature finds a need for a criminal statute to deter and punishthe act of stalking, as defined in this Act.§ 19.70. Stalking.(a) A person is guilty of simple stalking if he or she willfully,maliciously, and repeatedly, follows or harasses another person or whomakes a credible threat with intent to place that person or a member of his orher immediate family in fear of death or bodily injury.(b) A person is guilty of advanced stalking if he or she violatesSubsection (a) of this Section when there is a temporary restraining order oran injunction or both or any other court order in effect prohibiting thebehavior described in that Subsection against the same party.(c) A person is guilty of advanced stalking if he or she violatesSubsection (a) of this Section a second or subsequent time against the samevictim, within seven (7) years of a prior conviction under that Subsection,and involving an harassment or a credible threat of violence, as defined in§19.69 of this Chapter.(d) Simple stalking is a felony of the third degree.(e) Advanced stalking is a felony of the second degree.6COL41220179 GCA CRIMES AND CORRECTIONSCH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZING(f) This Section shall not apply to conduct which occurs during laborpicketing.SOURCE: Added by P.L. 22-35:3 (Sept. 27, 1993). Amended by P.L. 31-009:3(Mar. 9, 2011).§ 19.80. Strangulation; Defined & Punished.(a) A person is guilty of strangulation if he knowingly or intentionally,against the will of another, impedes the normal breathing or circulation ofthe blood of another by applying pressure to the throat or neck or byblocking the nose or mouth of another.(b) Strangulation is a felony of the third degree; provided, that anyperson convicted of strangulation shall not be eligible for work release oreducational programs outside the confines of prison.SOURCE: Added by P.L. 33-205:1 (Dec. 15, 2016).§ 19.81. Interfering with the Reporting of Family Violence; Defined &Punished.(a) Any person commits the crime of interfering with the reporting offamily violence if the person:(1) commits an act of family violence, as defined in § 30.10 ofChapter 30 of this Title; and(2) intentionally, knowingly, or recklessly prevents or attempts toprevent the victim of or a witness to that act of family violence fromcalling a 911 emergency communication system, obtaining medicalassistance, or making a report to any law enforcement official.(b) Commission of a crime of family violence under Subsection (a) ofthis Section is a necessary element of the crime of interfering with thereporting of family violence.(c) Interference with the reporting of family violence is a felony of thethird degree.SOURCE: Added by P.L. 33-202:2 (Dec. 15, 2016).2017 NOTE: P.L. 33-202:1 (Dec. 15, 2016) enacted virtually identical language as 9GCA § 30.300.----------7COL4122017

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2022 Guam Statutes :: Title 9 - Crimes &amp; Corrections :: Chapter 19 - Assault, Reckless Endangering, Terrorizing (2024)

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2022 Guam Statutes :: Title 9 - Crimes & Corrections :: Chapter 19 - Assault, Reckless Endangering, Terrorizing (2024)