There is a newer version of this Chapter
2023
2022 (you are here)
2021
2020
2019
Other previous versions
View our newest version here

2022 Guam Statutes
Title 9 - Crimes & Corrections
Chapter 61 - Riot, Disorderly Conduct and Related Offenses

Universal Citation: 9 Guam Code §§ 61.10 - 61.70 (2022)
Previous Next

Download as PDF
9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES CHAPTER 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES § 61.10. § 61.15. § 61.20. § 61.20.1. § 61.25. § 61.30. § 61.35. § 61.40. § 61.45. § 61.50. § 61.55. § 61.60. § 61.65. § 61.70. Riot: Failure to Disperse: Defined & Punished. Disorderly Conduct; Defined & Punished. Harassment; Defined & Punished. Definitions. Public Drunkenness; Defined & Punished. Loitering or Prowling; Defined & Punished. Obstructing the Public Ways; Defined & Punished. Disrupting Public Gatherings; Defined & Punished. Desecration Defined & Punished. Disinterring a Corpse; Punished. Endangering Health & Safety: Defined; Penalty. Creation of Hazards on Land: Penalty. Creation of Certain Hazards; Oil Pollution by Vessels: Definitions: Penalty. Discharge of Firearms. COMMENT: Chapter 61 covers a variety of public-type disturbances ranging from corpses to full-fledged riots. This Chapter departs from prior law in that it depends upon the person's action as they may endanger or seriously annoy others. This Chapter has been drawn so as to avoid the First Amendment problems which have occurred in past sections of a similar nature. § 61.10. Riot: Failure to Disperse: Defined & Punished. (a) A person is guilty of riot, a felony of the third degree, if he participates with four (4) or more others in a course of disorderly conduct: (1) with intent to commit or facilitate the commission of a felony or misdemeanor; (2) with intent to prevent or coerce official action; or (3) when he or any other participant to his knowledge uses or plans to use a firearm or other deadly weapon. (b) Where four (4) or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforcing the law 1 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a misdemeanor. SOURCE: G.P.C. §§ 404, 405, 409, 416, See also §§ 406, 408; *M.P.C. § 250.1; Cal. §§ 260, 1205, 1215 (1971); Mass. ch. 269, §§ 1, 2; N.J. § 2C:33-1, 2C:33-2. CROSS-REFERENCES: cf. § 404, Penal Code. COMMENT: The offense of Adisorderly conduct@ (§ 61.15) reaches the violent, tumultuous, noisy and dangerous aspects of either individual or group behavior. However, a distinct riot offense is justified: (1) to provide aggravated penalties for disorderly conduct where the number of participants makes the behavior especially alarming; (2) to provide penal sanctions for disobeying police orders directing a disorderly mob to disperse; and (3) to subject to police orders persons present but not shown to be implicated in the disorderly behavior - a kind of Aexpanded complicity,@ necessitated by the fact that police cannot be expected to distinguish participants from non-participants intermingled in a mob. Defining riot as an aggravation of disorderly conduct prevents application of riot penalties to peaceful joint behavior of which the police may disapprove on the ground that it tends to provoke others to violent reactions, or even to assemblies to commit offenses unattended by circumstances of disorder. Thus, this Section does not reach all of what was formerly defined as Aunlawful assembly.@ § 61.15. Disorderly Conduct; Defined & Punished. (a) A person is guilty of disorderly conduct, if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or (3) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the defendant. (b) As used in this Section, Apublic@ means affecting or likely to affect persons in a place to which the public or a substantial group has access. Among the places included are 2 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. (c) An offense under this Section is a petty misdemeanor if the defendant's intent is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation. SOURCE: G.P.C. §§ 375, 415, 415a, 416; See also §§ 229, 403b, 407; *M.P.C. § 250.2; Cal. § 1225 (1971); Mass. ch. 269, § 3; N.J. § 2C:33-2. CROSS-REFERENCES: § 61.10 Riot. COMMENT: § 61.15 covers the same general ground as former Guam PC §§ 415 and 415a, proscribing the most common types of misbehavior by which individuals can make a public nuisance of themselves. The Section makes certain changes in the former language in an attempt to more sharply distinguish between criminal and non-criminal acts. For example, Subsection (a)(2) refers to Aunreasonable@ noise while former law referred to Aloud@ noise. Under this Section, a speaker cannot be held liable criminally for utterances which are provocative merely on account on of the ideas expressed. § 61.20. Harassment; Defined & Punished. A person commits a petty misdemeanor if, with intent to harass another, he: (a) makes, or causes to be made, a communication anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; (b) subjects another to striking, kicking, shoving or other offensive touching, or threatens to do so; or (c) engages in any other course of alarming conduct or of repeatedly committed acts which alarm or seriously annoy such other person serving no legitimate purpose of the defendant. (d) Every person who with intent to annoy, telephones, telefaxes, or communicates by use of any telephone network, data network, text message, instant message, computer, computer network, or computer system with another person and addresses to or about such other person 3 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES any obscene language is guilty of a misdemeanor. (e) Every person who makes a telephone call, telefax transmission, or any transmission by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system with intent to annoy and without disclosing his true identity to the person answering the telephone or receiving the telefax transmission or transmission received from any telephone network, data network, text message, instant message, computer, computer network, or computer system, whether or not conversation or return transmission ensues from making the telephone call or the transmission, is guilty of a misdemeanor. (f) Any offense committed by use of a telephone, telefax machine, or any telephone network, data network, text message, instant message, computer, computer network, or computer system as set out in this Section may be deemed to have been committed at either the place at which the telephone calls, telefax transmissions, or any transmission by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system were made or received. In the event that a customer of a telephone service provider, wireless service provider, or an internet service provider receives harassing telephone calls or transmissions received via or by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system, such customer may t1le an injunction complaint under the name of John Doe, although the telephone service provider may release the name, address, and telephone number of the plaintiff to the Superior Court of Guam. The telephone service provider, wireless service provider, or an internet service provider shall disconnect all telephone services or computer or wireless services to any subscriber who has violated the provisions of this Section more than one ( 1) time. (g) Subsections (d) or (e) of this Section are violated when the person acting with intent to annoy makes a 4 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES telephone call, telefax transmission, or any transmission by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system requesting a return call or return transmission and performs the acts prohibited under such Subsections upon receiving the return call or transmission. SOURCE: G.P.C. §§ 640a, 653f; M.P.C. § 250.4 Cal. §§ 1225, 1460 (1971); Mass. ch. 269, §§ 5, 6; *N.J. § 2C:33-4. Subsections (d), (e), (f), and (g) added by P.L. 21-12:1. Subsection (f) amended by P.L. 27109:12. Amended by P.L. 31-009:4 (Mar. 9, 2011). COURT DECISIONS: SUPER.CT. 1982. § 61.20, by defining harassment as striking, kicking, shoving or other offensive touching, clearly identifies the prohibited act and, therefore, does not violate the Fourteenth Amendment of the Constitution for vagueness, nor does it prohibit any activity protected by the First Amendment of the Constitution. People v. Jackson, Cr. #377-82. SUPER. CT. 1983. Subsections (a) and (b) of § 61.20 are unconstitutional because they fail to adequately define and limit the activity which is criminal. People v. Lizama, S.CT. Cr. #646-82. COMMENT: § 61.20 continues the policy behind former § 640a (obscene telephone calls); § 650 (threatening letters), and § 653f (annoying telephone calls) and also provides for private annoyances not covered by § 61.15 because of the latter's limitation on disturbances of some general impact and not covered under Chapter 19, Assault. § 61.20.1. Definitions. Unless otherwise indicated, as used in § 61.20: (a) Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. (b) Computer network means two (2) or more computers or computer systems, interconnected by communication lines, including microwave, electronic, or any other form of communication. (c) Computer system means a set of interconnected computer equipment intended to operate as a cohesive 5 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES system. SOURCE: Added by P.L. 31-009:5 (Mar. 9, 2011). § 61.25. Public Drunkenness; Defined & Punished. (a) A person is guilty of an offense if he appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or property or annoy persons in his vicinity. (b) An offense under this Section constitutes a petty misdemeanor if the defendant has been convicted hereunder twice before within a period of one year. Otherwise the offense constitutes a violation. SOURCE: G.P.C. §§ 652; See also § 647(9) (10); *M.P.C. § 250.5; Cal. § 1235, 1240 (1971); N.J. § 2C:33-5. COMMENT: While it might be desirable to provide a non-criminal remedy for getting intoxicated persons off the street, none has been found. Until one is, a penal remedy coupled with adequate sentencing authority to provide treatment and cure seems to provide the only reasonable alternative. § 61.30. Loitering or Prowling; Defined & Punished; Defenses. (a) A person commits a violation if he loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. A person commits a violation if he loiters or prowls in or in close proximity to a school bus stop, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. (b) Unless flight by the person or other circumstances makes it impracticable, a peace officer shall prior to any arrest 6 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES for an offense under this Section afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. (c) No person shall be convicted of an offense under this Section if the peace officer did not comply with Subsection (b) or if it appears at trial that the explanation given by the person was true and, if believed by the peace officer at the time would have dispelled the alarm. SOURCE: G.P.C. §§ 367, 647(3), (4), (6), § 467a; *M.P.C. § 250.6; Cal. § 1230 (1971); N.J. § 2C:33-7. Amended by P.L. 29-055 (Mar. 19, 2008). CROSS-REFERENCES: Chapter 30, Cr. Proc., Code - AStop & Frisk Act@ Chapter 20, Cr. Proc. Code - AArrest@ COMMENT: Section 61.30 penalizes what may be called Aalarming loitering@. In contrast with Penal Code § 647, this Section does not create a crime of status based upon past behavior. Ample room is allowed for police discretion in arresting persons suspected of having committed or being about to commit an offense; on the other hand, it guards against unreasonable arrest and search by requiring a request for identification and explanation before the police may arrest. § 61.35. Obstructing the Public Ways; Defined & Punished. (a) A person commits a petty misdemeanor if he or she unreasonably obstructs the free passage of foot or vehicular traffic on any public way, and refuses to cease or remove the obstruction upon a lawful order to do so given him by a law enforcement officer. (b) A person commits a petty misdemeanor if he unreasonably obstructs the free passage of foot or vehicular traffic on any public way for the purpose of handbilling as defined by Title 16 GCA Section 3701 or for soliciting as defined by Title 16 GCA Section 3341. (c) As used in this Section, public way means any public highway or sidewalk, private way laid out under authority of statute, way dedicated to public use, or way upon which the public has a right of access or has access as invitees or licensees. SOURCE: M.P.C. § 250.7; Cal. § 1225(a)(3) (1971); *Mass. ch. 269, § 7; N.J. § 2C:33-8. Amended by P.L. 28-28:4. 7 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES COMMENT: This is a new Section to Guam and sorely needed. This Section would make criminal the act of blocking what is defined by Subsection (b) as the Apublic way@. For the first time, police would be permitted to take action when some landowner unreasonably blocks a road which has been regarded as, and can be defined as a Apublic way@. Heretofore, the police have been powerless in such cases, and have been required to leave the matter up to the village commissioner, or other civil remedy. § 61.40. Disrupting Public Gatherings; Defined & Punished. A person commits a violation if, with intent to prevent or disrupt a lawful meeting, procession or gathering, he does any act tending to obstruct or interfere with it physically, or makes any utterance, gesture or display designed to outrage the sensibilities of the group. SOURCE: G.P.C. §§ 58, 81, 302, 403; See also § 375a; *M.P.C. § 250.8; Cal. § 1220 (1971); Mass. ch. 269, § 8; N.J. § 2C:33-9. COMMENT: Section 61.40 generalizes the offense of disrupting meetings proscribed in Penal Code §§ 58, 81, 302 and 403. Here the defendant's freedom of speech must be balanced against the equally cherished freedom of associations, religion and peaceful communication. It is a difficult line to draw and the Section requires a specific Aintent to prevent or disrupt a lawful meeting@ and limits the penalty for violation of this Section to a fine. § 61.45. Desecration Defined & Punished. (a) A person commits a misdemeanor if he intentionally desecrates any public monument or structure, or place of worship or burial, or if he intentionally desecrates the national flag or any other object of veneration by the public or a substantial segment thereof in any public place. (b) As used in this Section, desecrate means defacing, damaging, polluting or otherwise physically mistreating in a way that the person knows will outrage the sensibilities of persons likely to observe or discover his action. SOURCE: G.P.C. §§ 310, 310a; cf. §§ 622, 622a; *M.P.C. § 250.9; Mass. ch. 269, § 9 N.J. § 2C:33-10. COMMENT: Section 61.45 expands upon Penal Code §§ 310 and 310a to provide for desecration not only of the flag but also of public monuments, places of worship and burial, and other object of veneration. § 61.50. Disinterring a Corpse; Punished. 8 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES A person commits a misdemeanor if he intentionally and unlawfully disinters, removes, conceals, mutilates or destroys a human corpse or any part thereof. SOURCE: G.P.C. §§ 290, 291, 295; M.P.C. § 250.10; *Mass. ch. 269, § 10. § 61.55. Endangering Health & Safety: Defined; Penalty. (a) A person commits a petty misdemeanor when he: (1) permits any condition which is injurious to health or any offensive or noxious substance to be maintained upon or within property in his possession or under his control after receiving reasonable notice in writing from the proper authority to terminate that condition; or (2) unlawfully obstructs the free passage or use of a navigable body of water or a public highway, street, sidewalk or park by placing any substance therein or thereon. (b) Permitting the existence of a condition after the receipt of the notice required by Paragraph (1) of Subsection (a) shall constitute a separate and distinct offense for each and every day after such receipt that the condition exists. SOURCE: Guam §§ 370-371; *Cal. §§ 1414(a)(1) (6) (1971). Renumbered as 9 GCA § 70.15 as part of the codification process pursuant to P.L. 15-104:8. See 2014 NOTE preceding Chapter 1, Title 9 GCA. Renumbered by the Compiler pursuant to the authority of 1 GCA §1606. § 61.60. Creation of Hazards on Land: Penalty. A person is guilty of a petty misdemeanor when he: (a) abandons, keeps or knowingly permits to remain on premises under his control an unused refrigerator, icebox, deep freeze locker or similar container having a capacity of one and one-half (1/2) cubic feet or more from which the door or the hinges and latch mechanism has not been removed. This Subsection shall not apply to a person engaged in the business of selling refrigerators, iceboxes or deep freeze lockers who keeps them for sale, if he takes reasonable precautions to secure the door of any such 9 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES refrigerator, icebox or deep freeze locker so as to prevent entrance by children small enough to fit therein. (b) being the owner or otherwise having possession of property upon which an abandoned well or cesspool is located, fails to cover the same with suitable protective construction. SOURCE: G.P.C. § 402; *Cal. § 1416 (1971); Mass. ch. 270, § 18; *N.J. § 2C:40-1. Renumbered as 9 GCA § 70.20 as part of the codification process pursuant to P.L. 15-104:8. See 2014 NOTE preceding Chapter 1, Title 9 GCA. Renumbered by the Compiler pursuant to the authority of 1 GCA §1606. CROSS-REFERENCES: New York Penal Law § 270.10, § 1940 of this Title - Reckless Conduct. § 61.65. Creation of Certain Hazards; Oil Pollution by Vessels: Definitions: Penalty. (a) Except in case of unavoidable accident, collision or stranding, and except as otherwise permitted by law, a person commits a misdemeanor if he discharges or permits the discharge of oil by any methods, means or manner, into or upon the navigable waters of Guam from any vessel using oil for the generation of propulsion power, or any vessel carrying or having oil thereon in excess of that necessary for its lubricating requirements, and such as may be required under the laws of the United States and the government of Guam, and the rules and regulations prescribed thereunder. (b) As used in this Section, “private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access: (1) Oil means oil of any kind or in any form, including fuel oil, oil sludge and oil refuse; (2) Navigable Waters of Guam means all portions of the sea within the territorial jurisdiction of the government of Guam. SOURCE: G.P.C. § 374(b). Renumbered as 9 GCA § 70.30 as part of the codification process pursuant to P.L. 15-104:8. See 2014 NOTE 10 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES preceding Chapter 1, Title 9 GCA. Renumbered by the Compiler pursuant to the authority of 1 GCA §1606. 2021 NOTE: References to “territory” removed pursuant to 1 GCA § 420. CROSS-REFERENCES: § 7.80 necessity defense. § 61.70. Discharge of Firearms. (a) A person commits a misdemeanor who willfully discharges a firearm: (1) At any occupied dwelling, building or other structure; (2) At any utility pole or light fixture, or line or device for transmittal of power or communications of any kind; (3) At any sign, signboard or notice placed upon or affixed to any property belonging to the government of the territory; (4) Into the air. (5) Any individual found to commit a misdemeanor within the provisions of this section shall be assessed a fine of no less than $500 and no more than $1,000 per offense, the firearm used shall be confiscated and its registration certificate, and all rights thereunder, shall be suspended for one (1) year. Any individual so convicted who has legal possession of more than one firearm shall have only the firearm used in the commission of the crime confiscated and its registration suspended. (6) Any firearm so confiscated shall not be sold or transferred to another prior to completion of the sentence imposed. (7) No individual found guilty under the provisions of this section shall purchase any other firearm during the duration of the suspension of his or her firearm's registration card. (b) A person commits a misdemeanor who willfully discharges a firearm within fifty (50) yards of any occupied dwelling, building or other structure without the prior consent of 11 COL6/24/2021 9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES the owner thereof or his agent or of the person in lawful possession thereof, with the exception of the discharge of firearms at a properly constructed shooting range approved by the Director of the Department of Public Safety or by a peace officer in pursuit of his duty as a peace officer. SOURCE: Subsection (a) was added as § 70.42 by P.L. 16-079:2 (May 4, 1980) ,and amended by P.L. 21-131:2 (July 28, 1992). Subsection (b) was added as § 70.43 by P.L. 16-079:3 (May 4, 1980). Renumbered by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This provision combines former § 70.42 (“Discharge of Firearms”) and § 70.42 (“Same”). Both provisions had the same title and covered the same offense, and were consolidated and renumbered as part of the reorganization of Chapter 70. As part of the consolidation, subsections designations were added/altered pursuant to the authority of 1 GCA § 1606. ---------- 12 COL6/24/2021
Previous Next
Disclaimer: These codes may not be the most recent version. Guam may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.