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9 GCA CRIMES AND CORRECTIONS
CH. 34 ARSON, NEGLIGENT BURNING, CRIMINAL MISCHIEF
CHAPTER 34
ARSON, NEGLIGENT BURNING, CRIMINAL MISCHIEF
§ 34.10.
§ 34.20.
§ 34.30.
§ 34.40.
§ 34.50.
§ 34.60.
§ 34.70.
§ 34.80.
§ 34.90.
Definitions.
Aggravated Arson; Defined & Punished.
Arson; Defined & Punished.
Negligent Burning; Defined & Punished.
Criminal Mischief; Defined.
Criminal Mischief; Punished.
Graffiti Prohibited.
Use of Fines Collected.
Destruction of Property: Penalty.
COMMENT: (1978) This Chapter 34 replaces many narrowly
defined crimes against property, which may or may not endanger
human life or safety, and are found in the Penal Code, down to four
(4) generally-defined crimes. Thus, we have aggravated arson,
negligent burning and criminal mischief. The definitions are greatly
expanded from those provided by the Penal Code. Thus, § 34.10(b)
expands the concept of Aburning@ in the Penal Code to any Ahabitable
property@ which could include vehicle, vessels, schools, churches,
hotels or any building in which people may occupy.
The classification of the standard of arson no longer reflects the
value of property involved, but rather reflects the degree of risk involved
to persons who may be the victims of the burnings. Actual harm to such
persons will constitute a separate, crime, e.g., §§ 19.20 and 19.30 of this
Code. The crime of Aarson@ does involve only the destruction of property
or defrauding of an insure, without regard to any value attached to the
property.
Due to the extreme risk which fire and explosion cause to both
persons and property, the Commission felt that the crime of Anegligent
burning@ shall be included in this Code. This is an exception to the
concept that negligence will not create criminal liability, but the danger
involved in the prohibited activity was deemed so great as to warrant an
exception in this case.
Criminal mischief, § 34.50, creates a crime involving a wide
variety of property-damaging conduct not characterized by the dangerous
means (fire explosion) dealt with in the previous sections. § 34.50(b) is
designed to deal with a variety of situations, for example, throwing a
power switch, in which the gist of the harm is not damage to the property
immediately effected but rather the threat of extended consequences.
Criminal mischief penalties are classified according to the harm actually
caused or intended to be caused by the defendant's conduct, except for the
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highly restricted Atampering@ offense defined by Subsection (b) which is
treated as a third degree felony because of the extremely serious risk with
which it deals and the demonstrated dangerousness of a defendant who
maliciously creates that risk.
§ 34.10. Definitions.
As used in this Chapter:
(a) Property means any form of real property or
tangible personal property which is capable of being
damaged or destroyed.
(b) Habitable Property means any structure, vehicle or
vessel adapted for the accommodation or occupation of
persons.
(c) Property is that of another if anyone other than the
defendant has a possessory or proprietary interest in any
portion thereof.
(d) Forest land means any brush covered land, cutover land, forest, grasslands, jungle, or woods.
SOURCE: M.P.C. § 220.1(4); *Cal. § 2800 (T.D.1 1967); Cal. § 1070
(1971); Mass. ch. 266, § 1; N.J. § 2C:17-1(b). Subsection (d) added by
P.L. 35-134:2 (Dec. 29, 2020).
CROSS-REFERENCES: § 34.20.
§ 34.20. Aggravated Arson; Defined & Punished.
(a) A person is guilty of aggravated arson if he recklessly
damages any habitable property by means of fire or explosives in
conscious disregard of a substantial risk that at the time of such
conduct a person may be in such habitable property, whether or
not a person is actually present.
(b) Aggravated arson is a second degree felony. In the case
of aggravated arson as a felony of the second degree, the court
shall impose a sentence of imprisonment of a minimum term of
five (5) years and may impose a maximum term of up to ten (10)
years; the minimum term imposed shall not be suspended nor
may probation be imposed in lieu of the minimum term nor shall
parole or work release be granted before completion of the
minimum term. The sentence shall include a special parole term
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of not less than three (3) years in addition to such term of
imprisonment.
SOURCE: G.P.C. §§ 447a, 448a, 449a, 601; M.P.C. § 220.1; *Cal. §
2801 (T.D.1 1967); Mass. ch. 266, § 3; N.J. § 2C:17-1. Enacted 1977;
Subsection (b) amended by P.L. 14-143, eff. 10/01/78.
CROSS-REFERENCES: 9 GCA §§ 19.20 and 19.30.
§ 34.30. Arson; Defined & Punished.
(a) A person is guilty of arson if under circumstances not
amounting to aggravated arson he starts a fire or causes an
explosion, whether on his own property, another’s property, or
forest land:
(1) with the intention of defrauding an insurer; or
(2) in reckless disregard of a risk that his conduct will
damage or destroy the property of another; or
(3) in reckless disregard of a risk that his conduct will
damage or destroy forest land.
(b) Arson is a third degree felony.
SOURCE: G.P.C. §§ 447a, 448a, 449a, 450a, 548; See also §§ 600, 601;
M.P.C. § 220.1; *Cal. 2802 (T.D.1 1967); Cal. §§ 1076, 1078 (1971);
Mass. ch. 266, § 4; N.J. § 2C:17-1. Amended by P.L. 35-134:3 (Dec. 29,
2020).
CROSS-REFERENCES: 9 GCA §§ 13.10, 13.20, 13.60. Penal Code §
451a abolished.
§ 34.40. Negligent Burning; Defined & Punished.
(a) A person is guilty of negligent burning if he:
(1) negligently starts a fire or causes an explosion
whether on his own property, another’s property, or forest
land, and thereby negligently endangers human life, or
negligently places the property of another, or forest land, in
danger of damage or destruction; or
(2) having started a fire, whether negligently or not,
and knowing that its spread will endanger the life or
property of another, or forest land, either fails to take
reasonable measures to put out or control the fire, or fails to
give a prompt fire alarm.
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(b) Negligent burning is a misdemeanor. If a person guilty
of negligent burning is offered Alternative Service Restitution in
accordance with Article 6 of Chapter 80, 9 GCA, the restoration
of forest lands is an allowable form of restitution or alternative
community service.
SOURCE: See G.P.C. § 384; M.P.C. § 220.3; *Cal. § 2803 (T.D.1
1967); Mass. ch. 266, § 1; N.J. § 2C:17-1(a). Amended by P.L. 35-134:4
(Dec. 29, 2020).
CROSS-REFERENCES: 9 GCA § 4.30.
§ 34.50. Criminal Mischief; Defined.
A person commits criminal mischief if:
(a) under circumstances not amounting to arson he
damages or destroys property with the intention of
defrauding an insurer; or
(b) he intentionally tampers with the property of
another or forest land and thereby:
(1) recklessly endangers human life; or
(2) recklessly causes or threatens a substantial
interruption or impairment of any public utility service;
or
(c) he intentionally damages the property of another
or forest land; or
(d) he intentionally damages the motor vehicle of
another.
SOURCE: G.P.C. §§ 499, 499a, 539, 548, 588-593e, 594-597, 600, 602,
604-615, 617, 622-623, 624; See also § 384; M.P.C. § 2203; *Cal. § 2804
(T.D.1 1967); Cal. §§ 1082, 1084 (1971); Mass. ch. 266, §§ 6-8; N.J. §
2C:17-3; amended by P.L. 20-98:1. Subsection (c) amended by P.L. 22149:1 (12/29/94); P.L. 23-27:2 (6/27/95). Amended by P.L. 35-134:5
(Dec. 29, 2020).
§ 34.60. Criminal Mischief; Punished.
(a) A violation of subsections (b) or (d) of § 34.50 is a third
degree felony.
(b) A violation of subsection (a) of § 34.50 is a third degree
felony if the defendant's conduct causes or is intended to cause
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pecuniary loss in excess of Five Hundred Dollars ($500.00), a
misdemeanor if the defendant's conduct causes or is intended to
cause pecuniary loss in excess of Fifty Dollars ($50.00), and a
petty misdemeanor if the defendant's conduct causes or is
intended to cause pecuniary loss in excess of Twenty-four
Dollars ($24.00). Otherwise, criminal mischief is a violation.
(c) Any adult convicted under subsection (c) of § 34.50,
Title 9, Guam Code Annotated, is guilty of a misdemeanor
punishable by imprisonment for not less than a mandatory fortyeight (48) hours nor more than one year and a fine of two
hundred fifty dollars ($250.00) for the first offense, five hundred
dollars ($500.00) for the second offense and one thousand
dollars ($1000.00) for each subsequent offense.
In the case of a minor, the parents or the legal guardian shall
be jointly and severally liable with the minor for the payment of
all fines. Failure of the parents or legal guardian to make
payment will result in the filing of a lien on the parents' or legal
guardian's property to include the fine and court costs. Upon an
application and finding of indigence, the court may decline to
order fines against the minor or parents.
In addition to any punishment listed in subsection (c), the
court shall order any violator to make restitution to the victim for
damages or loss caused directly or indirectly by the defendant's
offense in the amount or manner determined by the court.
Furthermore, the person or if a minor, his or her parents, shall repaint or refurbish the property so damaged, destroyed, removed,
or defaced at such person's expense, under the supervision of the
affected property owner or a court representative. The person
shall also perform a minimum of one hundred eighty (180) hours
but not to exceed three hundred sixty (360) hours of community
service. Parents or legal guardians of any minor found to have
violated this subsection shall also be responsible for providing
supervision as well as paying for the fine if the minor is unable
to do so.
(d) The court may order that any person punished under §
34.60(c) or § 34.70, Title 9, Guam Code Annotated, who is to be
punished by imprisonment, shall be confined on days other than
days of regular employment of the person, or on days other than
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school days if the defendant is a minor, as determined by the
court.
SOURCE: See § 34.50; amended by P.L. 20-98:2. Subsection (c) added
by P.L. 22-149:2 (12/29/94). Subsection (b) amended by P.L. 23-27:1
(6/27/95). Subsection (c) amended by P.L. 23-27:4. Subsection (d) added
by P.L. 23-27:5.
§ 34.70. Graffiti Prohibited.
(a) Definitions. For the purpose of this section, the
following terms apply:
(1) Broad-tipped indelible marker means any felt tip
marker, or similar implement, which contains a fluid which
is not water soluble and which has a flat or angled writing
surface one-half inch or greater.
(2) Bona fide evidence of majority means a document
issued by a federal, state, county or municipal government
or agency thereof, including but not limited to, a motor
vehicle operator's license, or registration certificate issued
under the Federal Selective Service Act, a passport, or an
identification card issued to a member of the armed forces
which identifies an individual and provides proof of the age
of such individual.
(3) Owner means any and all persons with legal and/or
equitable title to real property in Guam as their names and
addresses are shown upon the records of the Department of
Revenue of Taxation.
(4) Supervising Adult means an individual eighteen
(18) years of age or older who has been given responsibility
by the minor's parents, legal guardian, or other lawful
authority to supervise the minor.
(5) Used or intended to be used includes usage in the
course of a violation or usage to transport a violator to or
from the scene of a violation.
(b) No person shall write, paint or draw any inscription,
figure, or mark of any type on any public or private building or
structure or other real or personal property owned, operated or
maintained by a governmental entity or any agency or
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instrumentality thereof or by any person, firm or corporation
unless the express prior written permission of the owner, owner's
agent, manager or operator of the property has been obtained.
(c) Possession of spray paint and markers with intent to
make graffiti is prohibited. No person shall carry an aerosol
spray paint can or broad-tipped indelible marker with the intent
to violate the provisions of this section.
(d) Possession of spray paint or broad-tipped indelible
markers by minors on public property is prohibited. No person
under the age of eighteen (18) shall have in his or her possession
any aerosol container or spray paint can or broad-tipped indelible
marker while on public property, highway, street, alley, or way
except in the company of a supervising adult.
(e) Possession of spray paint or broad-tipped indelible
markers by minors on private property is prohibited without
consent of the owner. No person under the age of eighteen (18)
shall have in his or her possession any aerosol container of spray
paint or broad-tipped indelible marker while on any private
property unless the owner, agent or manager, or person in
possession of the property knows of the minor's possession of the
aerosol container or marker and has consented to the minor's
possession of the aerosol container or marker while on his or her
property.
(f) Any person violating subsections (b), (c), (d) or (e) shall
be punished by a fine of one thousand dollars ($1,000.00) for the
first offense, and two thousand five hundred dollars ($2,500.00)
for the second offense; and for each subsequent offense by a fine
of five thousand dollars ($5,000.00) or by imprisonment for a
term not to exceed one hundred twenty (120) days or by both
fine and imprisonment at the discretion of the court. In the case
of a minor, the parents or legal guardian shall be responsible for
payment of all fines. Failure of the parents or legal guardian to
make payment will result in the filing of a lien on the parents or
legal guardian’s property to include the fine and court costs.
(g) In addition to any punishment ordered under subsection
(f), the court shall order any person found in violation of
subsections (b), (c), (d) or (e) to make restitution to the victim
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for damage or loss caused directly or indirectly by the
defendant's offense in a reasonable amount or manner to be
determined by the court. Where the defendant is a minor, the
parents or legal guardian shall be jointly and severally liable with
the minor to make such restitution.
(h) In addition to any punishment listed in subsections (f)
and restitution ordered under subsection (g), the court shall order
any person found in violation of subsection (b), (c), (d) or (e) to
perform monitored community service in the removal of graffiti
of not less than two hundred fifty (250) hours and not more than
five hundred (500) hours.
(i) In addition to any punishment listed in subsections (f),
(g) and (h), any adult convicted for violating subsections (b), (c),
(d) or (e) is guilty of a misdemeanor punishable by imprisonment
for not less than a mandatory sixty (60) days.
(j) All personal property, including, but not limited to,
automobiles and bicycles, used or intended to be used in
violating subsections (b), (c), (d) or (e) shall be forfeitable to
Guam. In any forfeiture under this section, the Court shall not
order a forfeiture unless it finds that the forfeiture is
commensurate with the severity of the violation to the extent
required by the laws of Guam, the Organic Act, and the U.S.
Constitution.
(k) No person or firm shall sell or cause to be sold to any
person under the age of eighteen (18) years, and no person under
the age of eighteen years (18) shall buy any aerosol container of
spray paint or broad-tipped indelible markers. Evidence that a
person, his or her employee, or agent demanded and was shown
bona fide evidence of majority and acted upon such evidence in
a transaction or sale shall be a defense to any prosecution
thereof.
(l) Every person who owns, conducts, operates or manages
a retail commercial establishment selling aerosol containers of
spray paint or broad-tipped indelible markers shall:
(1) Place a sign in clear public view at or near the
display of such products stating:
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“GRAFFITI IS A CRIME. ANY PERSON
DEFACING REAL OR PERSONAL PROPERTY
NOT HIS OR HER OWN WITH PAINT OR ANY
OTHER LIQUID OR DEVICE IS GUILTY OF A
CRIME PUNISHABLE BY IMPRISONMENT OF UP
TO ONE HUNDRED TWENTY (120) DAYS
AND/OR A FINE UP TO FIVE THOUSAND
DOLLARS ($5.000.00).”
(2) Place a sign in the direct view of such persons
responsible for accepting customer payment for aerosol
containers of spray paint or broad-tipped indelible markers
which states:
“IT IS A VIOLATION OF THE LAW TO SELL
AEROSOL CONTAINERS OF SPRAY PAINT OR
BROAD-TIPPED INDELIBLE MARKERS TO
PERSONS UNDER 18 YEARS OF AGE
PUNISHABLE BY A CIVIL FINE OF TW0
HUNDRED FIFTY DOLLARS ($250.00).”
(m) Violation of subsection (l) shall result in a civil penalty
of two hundred fifty dollars ($250.00) for a first offense and five
hundred dollars ($500.00) for subsequent offenses. When three
(3) violations of subsection (l) occur within any calendar year at
a commercial establishment, that establishment shall be subject
to an injunction from a court of competent jurisdiction
forbidding the sale of aerosol containers of spray paints and
broad-tipped indelible markers for a period up to two (2) years.
Violation of such injunction shall be punished by a fine of two
hundred fifty hundred dollars ($250.00) per day of violation in
addition to any other penalties levied by the Court. Failure to
make payment of fines will be subject to an injunction from a
court of competent jurisdiction forbidding the sale of aerosol
containers of spray paints and broad-tipped indelible markers
until payment of the fine, attorney’s fees and costs.
(n) In addition to any punishment ordered under Subsection
(f), (g), (h), (i) and (j), the court shall immediately, upon
conviction of an offender charged with the defacement of
property, revoke the license or instruction permit of any driver in
violation of this Section subject to a period of time described
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hereafter:
(1) after one (1) conviction, six (6) months;
(2) after a second or subsequent conviction, one (1)
year for each conviction.
Any person who was convicted of any offense as described
in this Act upon being eligible to receive a license or instruction
permit, shall not be eligible to receive a license or instruction
permit until the entire penalty period has elapsed.
Any prior convictions resulting in the revocation of a
driver’s license or instruction permit shall not run concurrently
with any existing or subsequent suspension, revocation,
cancellation or denial which is provided for by law.
SOURCE: Added by P.L. 22-149:3 (12/29/94). Repealed/reenacted by
P.L. 23-27:2 (6/27/95). Subsection (n) added by P.L. 24-113:2.1.
Subsection (f) amended by P.L. 29-113:VI:73 (Sept. 30, 2008).
Subsection (h) amended by P.L. 29-113:VI:74 (Sept. 30, 2008).
Subsection (i) amended by P.L. 29-113:VI:75 (Sept. 30, 2008).
Subsection (l) amended by P.L. 29-113:VI:75 (Sept. 30, 2008).
Subsection (m) amended by P.L. 29-113:VI:76 (Sept. 30, 2008).
Subsection (n) amended by P.L. 29-113:VI:77 (Sept. 30, 2008).
2021 NOTE: References to “territory” removed and/or replaced with
“Guam” pursuant to 1 GCA § 420.
§ 34.80. Use of Fines Collected.
Effective upon the enactment of this Section, all monies
collected by the enforcement of 9 GCA §§ 34.60 or 34.70 shall
be deposited in the Appointed Counsel Trust Fund established
under 7 GCA § 22111 for fees and expenses related to the legal
defense of indigent persons and for other purposes as set forth by
the Judicial Council.
SOURCE: Added by P.L. 23-27:6 (6/27/95). R/R by P.L. 26-152:IV:14
(9/30/2002).
§ 34.90. Destruction of Property: Penalty.
A person commits a misdemeanor if, he without the written
permission of the owner or of the owner's agent or of the person
in lawful possession:
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(a) Maliciously tears down, damages, mutilates or
destroys any sign, signboard or notice placed upon, or
affixed to any property that belongs to the government of
Guam, which sign, signboard or notice is intended to
indicate or designate a road or highway or is intended to
designate speed limits or a traffic hazard or is intended to
direct travelers from one point to another or is intended to
advise of prohibited entry or relates to fires, fire control,
trespassing or other matters involving the protection of the
property;
(b) Wilfully opens, tears down or otherwise destroys
any fence on the land of another or wilfully removes,
injures, cuts or tampers with any lock or any locked gate or
any locked chain or any other locked barrier on any road,
track or trail leading into lands of another or maliciously
tears down, mutilates or destroys any sign, signboard or
other notice forbidding shooting on public or private
property; or
(c) Enters any lands, whether unenclosed or enclosed
by fence, for the purpose of injuring any property or
property rights or with the intention of interfering with,
obstructing or injuring any lawful business or occupation
carried on by the owner of such land, his agent or by the
person in lawful possession; or
(d) Enters any lands under cultivation or enclosed by
fence, belonging to, or occupied by, any other or enters
upon uncultivated and unenclosed lands belonging to, or
occupied by, any other where signs forbidding trespass are
displayed at intervals not less than three to the mile along
all exterior boundaries on all roads and trails entering such
lands:
(1) For the purpose of hunting, shooting, killing or
destroying any animal or bird upon such lands; or
(2) Discharges any firearms upon such land or
lands; or
(3) Refuses or fails to leave such lands
immediately upon being requested to leave by the
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owner of such land, his agent or by the person in
lawful possession; or
(4) Tears down, mutilates or destroys any sign,
signboard or notice forbidding entry on such lands.
(e) Enters upon any lands declared closed to public
entry by the Government where such closed lands are
posted with notices declaring such closure at intervals not
greater than one mile along the exterior boundaries or along
roads and trails passing through such lands declaring the
lands closed to public entry or stating "no trespassing." The
Director of the Department of Land Management, in
compliance with the Administrative Adjudication Act, is
authorized to designate as closed to public entry and post
"no trespassing" signs on any portion or portions of
property belonging to the Government upon his
determination that such designation is reasonably necessary
for the purpose of public safety, preservation of government
property, conservation of resources, fire prevention, safety
of adjoining property owners or prevention of nuisances.
SOURCE: Added by P.L. 16-079:1 (May 4, 1980) as 9 GCA § 70.41.
Renumbered by the Compiler pursuant to the authority of 1 GCA § 1606.
2021 NOTE: Reference to “territory” replaced with “Guam” pursuant to
1 GCA § 420.
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