Chapter 10

8 GCA CRIMINAL PROCEDURE CH. 10 TIME OF COMMENCING CRIMINAL ACTIONS 1 CHAPTER 10 TIME OF COMMENCING CRIMINAL ACTIONS § 10.10. No Limit on Murder Prosecutions. § 10.15. Limitation on Sex Crimes, Kidnapping, Chil d Pornography and Family Violence. § 10.16. No Limitation on Sex Crimes Committed Agai nst Victims Under the Age of Majority. § 10.17. No Limitation on Crimes of First or Second Degree Criminal Sexual Conduct. § 10.20. Other Felonies - Limitation. § 10.25. Definition of Age of Consent. § 10.30. All Other Non-Felonies - Limitation. § 10.40. Exception for Public Officers. § 10.50. When Time Stops Running Temporarily. § 10.60. When Offense is Committed. § 10.70. Prosecution Commenced; When. § 10.10. No Limit on Murder Prosecutions. A prosecution for murder may be commenced at any ti me. COMMENT : Section 10.10 continues a portion of former § 799 ; it reflects, however, a decision that murder stands alone and merits trea tment different from all other serious crimes. See 9 GCA § 16.30. This decision is also reflected in Model Penal Code § 1.06 and 1 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6 (Final Report 1971). § 10.15.

s crimes. See 9 GCA § 16.30. This decision is also reflected in Model Penal Code § 1.06 and 1 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6 (Final Report 1971). § 10.15. Limitation on Sex Crimes, Kidnapping, Chil d Pornography and Family Violence. A prosecution for a violation of Chapters 22, 25, 2 5.1, 28 and 30 of Title 9 GCA, or a violation of Chapter 13 of Title 9 GCA, committed in conjunction with a violation of Chapters 22, 25, 25 .1 and 30 of Title 9 GCA, involving a person under the age of majority, may b e commenced up to three (3) years after the minor reaches the age of majori ty. SOURCE : Added by P.L. 21-89:1 (1/27/92), amended by P.L. 30-049:1 (July 14, 2009). § 10.16. No Limitation on Sex Crimes Committed Agai nst Victims Under the Age of Majority. COL112920128 GCA CRIMINAL PROCEDURE CH. 10 TIME OF COMMENCING CRIMINAL ACTIONS 2 If the offense is a violation of Chapter 25 of Title 9 , Guam Code Annotated, and the victim was under the age of majo rity or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committed, a prosecution of th e offense may be commenced at any time.

age of majo rity or the victim's mental comprehension and capacity was below the age of adolescence at the time the offense was committed, a prosecution of th e offense may be commenced at any time. This Section applies to any such offense except an offense the prosecution of which would have been barred by § 10.15 of this Chapter on or before enactment of this Act. SOURCE : Added by P.L. 31-006:2 (Mar. 9, 2011). § 10.17. No Limitation on Crimes of First or Second Degree Criminal Sexual Conduct. If the offense is a violation of § 25.15 or § 25.2 0 of Chapter 25, Title 9, Guam Code Annotated, a prosecution of the offense m ay be commenced at any time. This Section applies to any such offense except an offense the prosecution of which would have been barred by § 10 .15 or § 10.20 of this Chapter on or before enactment of this Act. SOURCE : Added by P.L. 31-069:1 (May 24, 2011). § 10.20. Statute of Limitation of Felonies. (a) A prosecution of murder shall have no statute o f limitation; (b) A prosecution of criminal sexual conduct involv ing persons under the age of consent shall be in accordance with § 10 .15 of this Title; (c) A prosecution for any other felony shall be com menced

(b) A prosecution of criminal sexual conduct involv ing persons under the age of consent shall be in accordance with § 10 .15 of this Title; (c) A prosecution for any other felony shall be com menced within three (3) years after it is committed. SOURCE : Section 10.20 repealed/reenacted by P.L. 21-89:2 (1/27/92). § 10.25. Definition of Age of Consent. For purposes of this Chapter, age of consent means the age of sixteen (16). SOURCE : Added by P.L. 21-89:3 (1/27/92). COMMENT : (Original Enactment): Section 10.20 continues the substance of former § 800 except, of course, it now includes all feloni es other than murder. See also §§ 10.60; 10.70. Sections 10.20 and 10.30 are, of cour se, subject to specific exceptions provided in other codes. See, e.g., Civ. Code § 132 2 (limitation of actions under Horizontal Property Act). § 10.30. All Other Non-Felonies - Limitation. COL112920128 GCA CRIMINAL PROCEDURE CH. 10 TIME OF COMMENCING CRIMINAL ACTIONS 3 A prosecution for any offense which is not a felony shall be commenced within (1) year after it is committed. COMMENT : Section 10.30 continues the substance of former § 801.

NCING CRIMINAL ACTIONS 3 A prosecution for any offense which is not a felony shall be commenced within (1) year after it is committed. COMMENT : Section 10.30 continues the substance of former § 801. See also §§ 10.60 (time offense committed); 10.70 (time prosecu tion commenced). § 10.40. Exception for Public Officers. Notwithstanding §§ 10.20 and 10.30, a prosecution m ay be commenced against a public officer or employee or any person acting in complicity with such public officer or employee for any offense bas ed upon misconduct in office by such public officer or employee at any ti me while such public officer or employee continues in public office or e mployment or within three (3) years thereafter. COMMENT : Section 10.40 is based on Model Penal Code § 1.06 (3)(b) and 1 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6 (Final Report 1971). Under former § 799 there was no time limitation imposed on a prosecution for the theft of public monies or falsi fication of public records, but there was no exception for misdeeds generally by a public officer. Section 10.40 now covers all offenses but its coverage is limited to the pub lic official, employee or

cation of public records, but there was no exception for misdeeds generally by a public officer. Section 10.40 now covers all offenses but its coverage is limited to the pub lic official, employee or his accomplice and merely extends the applicable period ; it does not completely eliminate it. § 10.50. When Time Stops Running Temporarily. The periods of limitation provided by this Chapter do not run during any time when a criminal action against the defenda nt for the same conduct is pending in this Territory, even if the accusator y pleading is later set aside, the action is later dismissed, or the conviction is later reversed upon appeal or set aside as a result of a post-conviction proce eding. COMMENT : Section 10.50 is based on Model Penal Code § 1.06 (6)(b). Contract former § 802. It adopts the approach recommended by the New Jersey Criminal Law Revision Commission and eliminates the need for spe cial tolling provisions by permitting the prosecuting attorney to file a compl aint (or indictment) and have a warrant issued and thereby stop the running of any period of limitations. See 2 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6, at 17 (Final

nt (or indictment) and have a warrant issued and thereby stop the running of any period of limitations. See 2 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6, at 17 (Final Report 1971). § 10.60. When Offense Is Committed. An offense is committed either when every element o ccurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the da y after the offense is committed. COL112920128 GCA CRIMINAL PROCEDURE CH. 10 TIME OF COMMENCING CRIMINAL ACTIONS 4 COMMENT : Section 10.60 is based on Model Penal Code § 1.06 (4). See also 2 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6, at 15- 16 (Final Report 1971). § 10.70. Prosecution Commenced; When. A prosecution is commenced when either an indictmen t is presented in open court and there received and filed or a compla int is filed. COMMENT : Section 10.70 continues the substance of former § 803. See also Model Penal Code § 1.06(5); 1 New Jersey Criminal Law Rev ision Commission, New Jersey Penal Code § 2C:1-6(e) (Final Report 1971).

NT : Section 10.70 continues the substance of former § 803. See also Model Penal Code § 1.06(5); 1 New Jersey Criminal Law Rev ision Commission, New Jersey Penal Code § 2C:1-6(e) (Final Report 1971). ---------- COL11292012