Chapter 16

9 GCA CRIMES AND CORRECTIONS CH. 16 CRIMINAL HOMICIDE 1 CHAPTER 16 CRIMINAL HOMICIDE 2018 NOTE: Unless otherwise indicated, the Notes and Comments are the original annotations from the Criminal and Correcti onal Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). These annot ations were included when the Criminal and Correctional Code (1977) was 'recodified' as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104: 8 (Mar. 5, 1980). These original annotations were retained in past pr int publications of the GCA, and are included herein for historical purpose s. The Source notes, however, have been updated to reflect subsequent ch anges to each provision. § 16.10. Definitions Applicable to Chapter. § 16.20. Criminal Homicide Defined. § 16.30. Aggravated Murder Defined. § 16.40. Murder Defined. § 16.50. Manslaughter Defined and Classified. § 16.60. Negligent Homicide Defined and Classified. NOTE: References to ADirector of Public Safety @ changed to AChief of Police @, and references to ADepartment of Public Safety @ changed to Guam Police Department pursuant to P.L. 17-78:1, which repealed § 5102 GC providing for the Department of Public Sa fety and reenacted § 5102

d references to ADepartment of Public Safety @ changed to Guam Police Department pursuant to P.L. 17-78:1, which repealed § 5102 GC providing for the Department of Public Sa fety and reenacted § 5102 establishing the Guam Police Depar tment. § 16.10. Definitions Applicable to Chapter. As used in this Chapter: (a) Human Being means a person who has been born and is alive; (b) Bodily Injury means physical pain, illness, unconsciousness or any impairment of physical condi tion; (c) Serious Bodily Injury means bodily injury which creates: serious permanent disfigurement; a substan tial risk of death or serious, permanent disfigurement; severe o r intense physical pain; or protracted loss or impairment of consciousness or of the function of any bodily memb er or organ; (d) Deadly Weapon means any firearm, or other weapon, device, instrument, material or substance, whether animate or COL91920189 GCA CRIMES AND CORRECTIONS CH. 16 CRIMINAL HOMICIDE 2 inanimate, which in the manner it is used or is int ended to be used is known to the defendant to be capable of pro ducing death or serious bodily injury. SOURCE: M.P.C. § 210.0; *Cal. § 1400 (T.D.2 1968); Mass. ch . 265, § 1; N.J. § 2C:11-1.

r is int ended to be used is known to the defendant to be capable of pro ducing death or serious bodily injury. SOURCE: M.P.C. § 210.0; *Cal. § 1400 (T.D.2 1968); Mass. ch . 265, § 1; N.J. § 2C:11-1. CROSS-REFERENCES: § 19.20; § 31.20 of this Title. COMMENT: Unconsciousness has been expressly set forth in Sub sections (b) and (c) as a form of bodily injury and the scop e of serious bodily injury has been expanded to include bodily injury which cr eates a substantial risk of serious, permanent disfigurement or severe, or i ntense physical pain. Subsection (a) excludes the killing of a fetus from homicide. But see § 19.20 (aggravated assault; Section would be applicable to viable fetus); § 31.20 (abortion). 2018 NOTE: Past publications contained manifest typographica l errors in subsection (c), which were corrected by the Compile r pursuant to the authority granted by 1 GCA § 1606. § 16.20. Criminal Homicide Defined. (a) A person is guilty of criminal homicide if he c auses the death of another human being: (1) intentionally and with premeditation; or (2) intentionally; or (3) knowingly; or (4) recklessly; or (5 by criminal negligence.

of criminal homicide if he c auses the death of another human being: (1) intentionally and with premeditation; or (2) intentionally; or (3) knowingly; or (4) recklessly; or (5 by criminal negligence. (b) Criminal homicide is aggravated murder, murder, manslaughter or negligent homicide. SOURCE: *M.P.C. § 210.1; Cal. § 1410 (T.D.2 1968); N.J. § 2 C:11-2; R/R by P.L. 16-126. COURT DECISIONS: C.A.9 1981 Where officers' testimony show that the testimony of a witness was secured by a promise that the witness would not be charged in exchanged for his cooperation, th e trial court erred when it failed to give an instruction on immunity warning t he jury of the witnesses' motivation. And instruction on accomplice testimony was unnecessary when the witness was an accessory after the fact, but di d not participate in the actual murder. People v. Dela Rosa, 644 F.2d 1257. § 16.30. Aggravated Murder Defined. COL91920189 GCA CRIMES AND CORRECTIONS CH. 16 CRIMINAL HOMICIDE 3 (a) Criminal homicide constitutes aggravated murder when: (1) it is committed intentionally with premeditatio n; or (2) it is committed during the commission or attemp t to commit any felony defined in Chapters 22, 25, 31,

onstitutes aggravated murder when: (1) it is committed intentionally with premeditatio n; or (2) it is committed during the commission or attemp t to commit any felony defined in Chapters 22, 25, 31, 3 4, 37, 40 or 58 of this Title; or (3) death is directly caused by the illegal use of a Schedule I Controlled Substance, as defined by Chap ter 67 of this Title, to a minor child under the age of eight een (18) years old (Any person who knowingly or willingly transfer s or sells any Schedule I Controlled Substance, as defined by Chapter 67 of this Title, to a minor child under the age of ei ghteen (18) years old in violation of the provisions of Chapter 67 of this Title, and such controlled substances directly caus es the death of such minor child, is guilty of aggravated murder . This Section shall not apply to health care professionals and pharmacists in the legitimate practice of the heali ng arts.); or (4) it is committed upon the orders of another pers on. Such person giving the order is also guilty of aggr avated murder. (b) Aggravated murder is a felony of the first degr ee, but a person convicted of aggravated murder shall be sent enced to life imprisonment notwithstanding

rder is also guilty of aggr avated murder. (b) Aggravated murder is a felony of the first degr ee, but a person convicted of aggravated murder shall be sent enced to life imprisonment notwithstanding any other provision of law; provided, further, that any person convicted of aggravated mu rder shall not be eligible for parole, work release, educational prog rams outside the confines of prison nor shall his sentence be suspen ded. SOURCE: Amended by P.L. 14-125; R/R by P.L. 16-120; amended by P.L. 16-126; R/R by P.L. 19-6:4. Amended by P.L. 24 -282:2. COURT DECISIONS: SUPER.CT. 1983 There is no inherent defect in the AMiranda rights waiver @ read to defendant McGravey by officers of the Guam Police Department. The court finds that the la nguage is sufficiently clear so as to advise McGravey of his rights as req uired by the U.S. Constitution. People v. McGravey, Cr. #100F-82. C.A.9 1982 In the prosecution for murder under the law of Guam, evidence, including that police officer whom defend ant was accused of shooting had fired first at defendant, was sufficie nt to entitle defendant to instruction on manslaughter. People v.

w of Guam, evidence, including that police officer whom defend ant was accused of shooting had fired first at defendant, was sufficie nt to entitle defendant to instruction on manslaughter. People v. Fejeran, 687 F.2d 302 (1982); reversing Appellate Division. COL91920189 GCA CRIMES AND CORRECTIONS CH. 16 CRIMINAL HOMICIDE 4 § 16.40. Murder Defined. (a) Criminal homicide constitutes murder when: (1) it is committed intentionally or knowingly; or (2) it is committed recklessly under circumstances manifesting extreme indifference to the value of hu man life; or (3) death is directly caused by the illegal use of a Schedule I Controlled Substance, defined by Chapter 67 of this Title, to any person. Any person who knowingly or w illingly transfers or sells any Schedule I Controlled Substa nce to a person over the age of eighteen (18) years old in v iolation of the provisions of Chapter 67 of this Title, and suc h controlled substance directly causes the death of such person, is guilty of murder. This Section shall not apply to health care professionals and pharmacists in the legitimate pra ctice of the healing arts.

led substance directly causes the death of such person, is guilty of murder. This Section shall not apply to health care professionals and pharmacists in the legitimate pra ctice of the healing arts. (b) Murder is a felony of the first degree, but a p erson convicted of murder shall be sentenced to life impr isonment notwithstanding any other provision of law; provide d, however, that any person convicted of murder shall be eligible fo r parole after serving fifteen (15) years as provided in § 80.72 o f this Title and no part of said sentence shall be suspended; provided, further, that any person convicted of murder shall also not be eligible for work release or educational programs outside the confine s of prison. SOURCE: Enacted 1977 as 16.30; amended by P.L. 14-125; R/R by P.L. 16-120; amended by P.L. 16-126; R/R by P.L. 19-6:5. Amended by P.L. 24- 282:3. COURT DECISIONS: C.A.9 1982 Guam statute requiring defendant to carry burden of proving extreme mental or emotional disturbance by preponderance of the evidence in order to mitigate murder to manslaughter did not unconstitutionally shift the burden of proo f to the defendant. People v. Fejeran, 687 F.2d 302. § 16.50.

turbance by preponderance of the evidence in order to mitigate murder to manslaughter did not unconstitutionally shift the burden of proo f to the defendant. People v. Fejeran, 687 F.2d 302. § 16.50. Manslaughter Defined and Classified. (a) Criminal homicide constitutes manslaughter when : (1) it is committed recklessly; or COL91920189 GCA CRIMES AND CORRECTIONS CH. 16 CRIMINAL HOMICIDE 5 (2) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanati on or excuse (The reasonableness of such explanation or excuse s hall be determined from the viewpoint of a reasonable perso n in the defendant's situation under the circumstances as he believes them to be. The defendant must prove the reasonable ness of such explanation or excuse by a preponderance of th e evidence.); or (3) death is indirectly or proximately caused, such as an accident, by the illegal use of a Schedule I Contro lled Substance, as defined by Chapter 67 of this Title, to a person under the influence of such controlled substance.

roximately caused, such as an accident, by the illegal use of a Schedule I Contro lled Substance, as defined by Chapter 67 of this Title, to a person under the influence of such controlled substance. A ny person who knowingly or willingly transfers or sells any S chedule I Controlled Substance to a person over the age of ei ghteen (18) years old in violation of the provisions of Chapter 67 of this Title, and such controlled substance indirectly or proximately causes the death of such person, is guilty of mansl aughter. This Section shall not apply to health care professionals and pharmacists in the legitimate practice of the heali ng arts. (b) Manslaughter is a felony of the first degree. SOURCE: G.P.C. §§ 192(1), 193(1), see also §§ 368, 380; *M. P.C. § 210.3; Cal. § 1420 (T.D.2 1968); Cal. § 804 (1971); Mass. ch. 265, § 3; N.J. § 2C:11-3; R/R by P.L. 16-126. Amended by P.L. 24-2 82:4. § 16.60. Negligent Homicide Defined and Classified. (a) Criminal homicide constitutes negligent homicid e when it is committed by criminal negligence. (b) Negligent homicide is a felony of the third deg ree. SOURCE: Guam § 192(2), (3); §§ 368, 380, 399; *M.P.C. § 210 .4; Cal.

stitutes negligent homicid e when it is committed by criminal negligence. (b) Negligent homicide is a felony of the third deg ree. SOURCE: Guam § 192(2), (3); §§ 368, 380, 399; *M.P.C. § 210 .4; Cal. § 1425 (T.D.2 1968); Cal. §§ 806, 808 (1971); Mass. c h. § 265, § 5; N.J. § 2C:11-5; added by P.L. 16-126. ---------- COL9192018