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9 GCA CRIMES AND CORRECTIONS
CH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZING
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 19
ASSAULT, RECKLESS ENDANGERING, TERRORIZING
§ 19.10.
§ 19.20.
§ 19.30.
§ 19.40.
§ 19.50.
§ 19.60.
§ 19.69.
§ 19.70.
§ 19.80.
§ 19.81.
§ 19.82.
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 and Punished.
Interfering with the Reporting of Family Violence; Defined and Punished.
Interfering with the Reporting of Criminal Sexual Conduct; Defined and Punished.
§ 19.10. General Definitions.
As used in this Chapter, the terms “bodily injury,” “serious bodily injury” and “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 211.3 with modifications proposed in
California. This Chapter completely eliminates all of the various assault-type crimes found in the former Penal Code.
In the former Penal Code the crimes of “assault with intent to...” now become “attempts to commit...” as set forth in
Chapter 13 of this Code. (§ 13.10) Specifically, the following major changes 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 the mode of a conduct. No assault offense has been classified as a
first-degree felony; the classifications range from petty misdemeanor to second degree felony. See California Joint
Legislative Committee for Revision of the Penal Code, Penal Code Revision Project 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 Supreme Court developments relative to public officials and the total lack of prosecution
for criminal libel and criminal slander on Guam, the Commission felt that these sections should be omitted from the
Criminal and Correctional Code.
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CH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZING
§ 19.20. Aggravated Assault; Defined and Punished.
(a) A person is guilty of aggravated assault if he either recklessly causes or attempts to cause:
(1) serious bodily injury to another in circumstances manifesting extreme 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 felony of the second degree;
aggravated assault under Paragraphs (2) or (3) or Subsection (a) is a felony of the third degree; provided
that any person convicted of aggravated assault shall not be eligible for work release or educational
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, §§ 6 and 7; N.J. 2C:12-1. Amended by P.L. 19-006:8 (Aug. 26, 1987).
CROSS-REFERENCES: § 53.35 (resisting arrest); § 55.40 (obstructing fire control operations); § 58.20 (aggravated
escape), all of this Title.
COMMENT: This crime of “aggravated assault” is committed by either the causing of, or attempting, the injuries set
forth within the Section. Actually, there are two crimes created in this one Section, the first being under § 19.20(a)(1),
which is a felony 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 and Punished.
(a) A person is guilty of assault if he:
(1) either recklessly causes or attempts to cause bodily injury to another;
(2) recklessly uses a deadly weapon in such a manner as to place another in danger of bodily
injury; or
(3) by physical menace intentionally puts or attempts to put another in fear of imminent bodily
injury.
(b) [No text]
(1) An assault against a peace officer who is performing his official duties as a peace officer is a
felony of the third degree if the perpetrator knew or should have known that the victim was a peace
officer.
(A) In any assault against a peace officer, the jury shall, with any finding of guilty, also
return a finding as to whether the perpetrator had actual knowledge that the victim was a peace
officer.
(B) If the jury finds that the perpetrator had actual knowledge that the victim was a peace
officer, the court shall impose a minimum sentence of one (1) year in prison without suspension,
probation, parole, or work release.
(2) For purposes of this § 19.30, “peace officer” means one so defined in § 5.55, Title 8, Guam
Code Annotated, and to also include those individuals serving in a volunteer law enforcement capacity
within any government of Guam law enforcement entity.
(c) An assault committed by a peace officer on a person in his custody or control, without any
provocation whatsoever and with the use of excessive force, is a felony of the third degree.
(d) An assault committed in a fight or scuffle entered into by mutual consent is a petty misdemeanor.
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(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
(Jan. 28, 1991). Subsection (b) amended by P.L. 29-095:1 (July 22, 2008).
2026 NOTE: The Compiler has added “no text” to indicate a change in formatting only; the content of the provision
has not been altered.
2017 NOTE: Subsection designations added/altered pursuant to the authority of 1 GCA § 1606.
COMMENT: § 19.30 supersedes a variety of former Penal Code sections with the following consequence. The Guam
Penal Code distinguishes between assault and battery with respect to both definition and penalty. The new definition
of assault includes both such former offenses.
Guam Penal Code § 240 required a “present ability” for an assault. No specific inclusion exists under the present section
as the general attempt provisions will be controlling on this issue.
This Section specifically provides that an assault can be committed recklessly, a lower level 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 existing state of California
law. In any event, it is to be read as part of this Code and not part of one or other of the California lines of authority
based upon law which has not been enacted here.
The penalty for assault is a misdemeanor unless the injury was caused by a typical fight or scuffle entered into by
mutual consent, the latter being a petty misdemeanor. It would be necessary, therefore, to present evidence in such
cases to show that the defendant victimized the victim without his consent in order to obtain the higher penalty.
Likewise, a defense to the higher penalty would appear to be that the fight was started upon the mutual consent of the
parties. What is a mutual consent will have to be determined by a jury. Instructions must be developed for this instance.
§ 19.40. Reckless Conduct; Defined and Punished.
(a) A person is guilty of reckless conduct if he:
(1) recklessly engages in conduct which unjustifiably places or may 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 provisions punishing conduct which, though
fortuitously not resulting an injury, is reckless with the respect to the creation of danger to life. This type of reckless
conduct is generalized into one provision as is done in the Model Penal Code and other Modern Codes.
§ 19.50. Terroristic Conduct; Defined and Punished.
(a) A person is guilty of terroristic conduct if he threatens to commit any crime of violence with intent
to cause evacuation of a building, place of assembly; or facility of public transportation, or otherwise to
cause serious public inconvenience, or in reckless disregard of the risk of causing such inconvenience.
(b) Terroristic conduct is a felony of the third degree.
(c) Whoever, through the use of the mail, telephone, tablet, computer, telegraph, social media, artificial
intelligence, automated communication, deepfake or synthetic media technologies, or any other electronic
or digital means, or other instrument of interstate or foreign commerce, or in or affecting interstate or
foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or
maliciously conveys false information knowing the same to be false, concerning an attempt or alleged
attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or
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destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be a
felony of the third degree and, notwithstanding any other provision of law, be imprisoned for not more than
ten (10) years and fined pursuant to paragraph (d), infra, or both.
(d) Whoever commits a violation of this Section by making a threat or perceived threat, conveying
false information as described in Subsection (c), and such conduct is directed against a public building,
public facility, place of business, healthcare facility or public or private school, and such conduct results in
a substantial disruption of public services, public safety, or government operations, shall, upon conviction,
be subject to the penalties prescribed herein and shall be deemed to have committed a crime against the
community. Prosecution under this Subsection shall not preclude prosecution under § 43.31 of Chapter 43,
Title 9, Guam Code Annotated, where applicable. For Purposes of this Subsection:
(1) “Public building” means any structure owned, leased, or operated by the government of Guam
or any of its subdivisions.
(2) “Public facility” includes schools, hospitals, transportation terminals, utility installations, and
similar infrastructure serving a public function.
(e) Fines for a violation of this Section shall not be less than Two Thousand Five Hundred Dollars
($2,500.00) and no more than Twenty-Five Thousand Dollars ($25,000) per location affected. Fines shall
be continuously appropriated in the following order of priority:
(1) One Thousand Dollars ($1,000) to the Flame Fund;
(2) One Thousand Dollars ($1,000) to the Police Services Fund;
(3) Five Hundred Dollars ($500.00) to the Enhanced 911 Fund; and
(4) Any fines collected beyond Two Thousand Five Hundred Dollars ($2,500) per location shall
be continuously appropriated to the Criminal Injuries Compensation Fund.
(f) Any person, business or other party, affected by the violator(s) of this Section, may recover actual
damages, costs, and attorney's fees in a civil action.
(g) Section 80.39.1, 9 GCA shall not apply to the minimum fines required by this Section.
Notwithstanding any other provision of law, fines assessed pursuant to this Section shall not be converted
to Community Service as provided for in Article 6, Chapter 80, 9 GCA.
(h) Conduct that involves knowingly providing false information to law enforcement or emergency
services, and which does not involve the intent or reckless disregard necessary to constitute terroristic
conduct as defined in this Section, may be prosecuted under § 55.20 or § 55.25 of this Title, as appropriate.
Nothing in the Subsection shall preclude prosecution under this Section, where the elements of terroristic
conduct are met, no shall it be construed to limit the discretion of prosecutors to pursue charges under one
or more applicable provision of law.
SOURCE: cf. Guam § 403a; *M.P.C. § 211.3; Cal. § 1530 (T.D.2 1968); Mass. ch. 265, § 9; N.J. § 2C:12-3.
Subsections (c)-(h) added by P.L. 38-096:2 (Feb. 11, 2026).
CROSS-REFERENCES: §§ 61.15, 55.20 and 61.40 of this Title.
COMMENT: Essentially a new section. Compare former § 403a which is limited to false reports of a bomb. It is
directed towards a threat to commit a crime of violence for the purpose of causing serious public inconvenience, which
would include a threat to 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 of disorderly conduct, false alarms or disrupting
proceedings. Rather, it is directed at the defendant§ 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 of conduct is covered
by § 19.30(a)(3).
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§ 19.60. Terrorizing; Defined and Punished.
(a) A person is guilty of terrorizing if he communicates to any person a threat to commit or to cause
to be committed a crime of violence dangerous to human life, against the person to whom the
communication is made or another, and the natural and probable consequence of such a threat, is to place
the person to whom the threat is communicated or the person threatened in reasonable fear that crime will
be committed.
(b) Terrorizing is a felony of the third degree.
SOURCE: Added by P.L. 16-034:1 (Sept. 2, 1981).
§ 19.69. Definitions.
Unless otherwise indicated, as used in § 19.70:
(a) “Harasses” or “harassment” means a knowing and willful course of conduct, whether physical,
verbal, written, electronic, telephonic, via or by use of a computer, computer network, computer
system, telephone network, data network, text message, instant message, or otherwise, directed at a
specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose.
Such course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional
distress, and must cause substantial emotional distress.
(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of
time, however short, evidencing continuity of purpose. Constitutionally and statutorily protected
activity, including, but not limited to, picketing as a result of a labor dispute, is not included in this
definition.
(c) “Credible threat” means any threat, physical or verbal, overtly or subtly manifested,
constituting a threat with the intent and apparent ability to carry out the threat with the person who is
the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate
family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the
person threatened or to a member of his or her immediate family.
(d) “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.
(e) “Computer network” means two (2) or more computers or computer systems interconnected
by communication lines, including microwave, electronic, or any other form of communication.
(f) “Computer system” means a set of interconnected computer equipment intended to operate as
a cohesive system.
SOURCE: Added by P.L. 22-035:2 (Sept. 27, 1993). Amended by P.L. 31-009:2 (Mar. 9, 2011).
NOTE: Section 1 of P.L. 22-035 stated the following Legislative Findings and gave to this and the following section
the title, The Guam Stalking Law:
The Legislature finds Guam law to be woefully lacking in the adequate protection of persons who are
threatened by the menacing presence of another person. It is assumed that scores of assaults and homicides could
have been prevented in Guam over the last several years with adequate protective statutes in effect. The
Legislature finds a need for a criminal statute to deter and punish the act of stalking, as defined in this Act.
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§ 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 who makes a credible threat with intent to place that person or a member of his
or her immediate family in fear of death or bodily injury.
(b) A person is guilty of advanced stalking if he or she violates Subsection (a) of this Section when
there is a temporary restraining order or an injunction or both or any other court order in effect prohibiting
the behavior described in that Subsection against the same party.
(c) A person is guilty of advanced stalking if he or she violates Subsection (a) of this Section a second
or subsequent time against the same victim, 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.
(f) This Section shall not apply to conduct which occurs during labor picketing.
SOURCE: Added by P.L. 22-035:3 (Sept. 27, 1993). Amended by P.L. 31-009:3 (Mar. 9, 2011).
§ 19.80. Strangulation; Defined and Punished.
(a) A person is guilty of strangulation if he knowingly or intentionally, against the will of another,
impedes the normal breathing or circulation of the blood of another by applying pressure to the throat or
neck or by blocking the nose or mouth of another.
(b) Strangulation is a felony of the third degree; provided, that any person convicted of strangulation
shall not be eligible for work release or educational 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 and Punished.
(a) Any person commits the crime of interfering with the reporting of family violence if the person:
(1) commits an act of family violence, as defined in § 30.10 of Chapter 30 of this Title; and
(2) intentionally, knowingly, or recklessly prevents or attempts to prevent the victim of or a
witness to that act of family violence from calling a 911 emergency communication system, obtaining
medical assistance, or making a report to any law enforcement official.
(b) Commission of a crime of family violence under Subsection (a) of this Section is a necessary
element of the crime of interfering with the reporting of family violence.
(c) Interference with the reporting of family violence is a felony of the third degree.
SOURCE: Added by P.L. 33-202:2 (Dec. 15, 2016).
CROSS REFERENCE: 9 GCA § 30.300, as added by P.L. 33-202:1 (Dec. 15, 2016).
§ 19.82. Interfering with the Reporting of Criminal Sexual Conduct; Defined and Punished.
(a) Any person commits the crime of interfering with the reporting of criminal sexual conduct if the
person:
(1) commits an act of criminal sexual conduct or assists in or abets any act of criminal sexual
conduct, as enumerated in Chapter 25 of this Title; and
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(2) intentionally, knowingly, or recklessly prevents or attempts, either directly or through other
persons, to prevent the victim of or a witness to that act of criminal sexual conduct from calling a 911
emergency communication system, obtaining medical assistance, or making a report to any law
enforcement officer or other official.
(b) Commission of, or assisting in or abetting a crime of criminal sexual conduct under Chapter 25 of
this title is a necessary element of the crime of interfering with the reporting of criminal sexual conduct.
(c) Interference with the reporting of crimes of criminal sexual conduct is a felony of the third degree.
SOURCE: Added by P.L. 38-070:2 (Oct. 17, 2025).
CROSS REFERENCE: 9 GCA § 25.20, added by P.L. 38-070:1 (Oct. 17, 2025).
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