Chapter 31

9 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 1 CHAPTER 31 OFFENSES AGAINST THE FAMILY § 31.10. Bigamy; Defined & Punished. § 31.15. Incest: Defined & Punished. § 31.20. Abortion. § 31.21. Illegal Abortions Punished. § 31.22. Refusal to Participate in Abortion. § 31.30. Child Abuse; Defined & Punished. § 31.35. Reporting of Suspected Child Abuse to DPHS S. § 31.37. Registry of Cases of Suspected Child Abuse Reported to DPHSS. § 31.40. Abuse of an Incompetent: Defined & Punishe d. § 31.45. Failure to Provide; Defined & Punished. § 31.50. Surety for Support. § 31.55. Fine Imposed May be Used for Support. § 31.60. Criminal Spouse Abuse: Penalty. [Repealed] § 31.65. Curfew Hours for Minors. § 31.70. Leaving Children Unattended or Unsupervise d in Motor Vehicles; Penalty; Authority of Law Enforcement Officer. COMMENT: Chapter 31 encompasses a wide variety of crime from bigamy and incest through an attempt to control abo rtions, (see Comment to § 31.20), to child abuse. The majority o f this Section is a restatement of former Guam law with improvement a nd a modernization of language. § 31.10. Bigamy; Defined & Punished.

ns, (see Comment to § 31.20), to child abuse. The majority o f this Section is a restatement of former Guam law with improvement a nd a modernization of language. § 31.10. Bigamy; Defined & Punished. (a) A married person is guilty of bigamy , a misdemeanor, if he contracts or purports to contract another marria ge, unless at the time of the subsequent marriage: (1) the defendant believes that the prior spouse is dead; (2) the defendant and the prior spouse have been li ving apart for five (5) consecutive years throughout whi ch the prior spouse was not known by the defendant to be a live; (3) a court has entered a judgment purporting to terminate or annul any prior disqualifying marriage , and the defendant does not know that judgment to be invalid ; or COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 2 (4) the defendant reasonably believes that he is le gally eligible to remarry. (b) A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the oth er is thereby committing bigamy. SOURCE: G.P.C. §§ 281-284; *M.P.C. § 230.1.

marry. (b) A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the oth er is thereby committing bigamy. SOURCE: G.P.C. §§ 281-284; *M.P.C. § 230.1. COMMENT: The crime of bigamy is reduced by this Section from a felony to a misdemeanor, thus increasing the likeli hood of prosecution as Attorneys General on Guam have felt that felony cha rges were too severe under the facts usually presented. It should be noted that the other spouse is also gu ilty of bigamy if she/he contracts, or reports the contract of marria ge, knowing that his or her spouse will be guilty of bigamy because of the spouse’s relationship with another person. § 31.15. Incest: Defined & Punished. A person is guilty of incest, a misdemeanor, if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or hal f blood or an uncle, aunt, nephew or niece of the whole blood. Co habit means to live together under the representation or appear ance of being married. The relationships referred to herein inclu de blood relationships without regard to legitimacy, and rel ationship of parent and child by

ther under the representation or appear ance of being married. The relationships referred to herein inclu de blood relationships without regard to legitimacy, and rel ationship of parent and child by adoption. SOURCE: G.P.C. § 285; Civil Code § 59; *M.P.C. § 230.2. COMMENT: Again, § 31.15 continues the substance of Penal Cod e § 235. In addition, § 31.15 clarifies two (2) issues not covered by prior law, namely legitimacy is irrelevant where the concern i s with the bloodline, and adoptive relationships are included as equivale nt of natural parents to their children and vice versa. The staff of the Law Revision Commission suggested that it would be appropriate to classify the crime of incest as a misdemeanor and the Commission concurred. § 31.20. Abortion. (a) Abortion means the termination of a human pregnancy with an intention other than to produce a live birt h or to remove a dead fetus. (b) An abortion may be performed: COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 3 (1) by a physician licensed to practice medicine th is Territory or by a physician practicing medicine in the employ of the government of the United States; (2) in the physician’s

GAINST THE FAMILY 3 (1) by a physician licensed to practice medicine th is Territory or by a physician practicing medicine in the employ of the government of the United States; (2) in the physician’s adequately equipped medical clinic or in a hospital approved or operated by the United States or this Territory; and (3) (A) within 13 weeks after the commencement of the pregnancy; or (B) within 26 weeks after the commencement of the pregnancy if the physician has reasonably determined using all available means: (i) that the child would be born with a grave physical or mental defect; or (ii) that the pregnancy resulted from rape or incest; or (C) at any time after the commencement of pregnancy if the physician reasonably determines us ing all available means that there is a substantial ris k that continuance of the pregnancy would endanger the lif e of the mother or would gravely impair the physical or mental health of the mother. SOURCE: Enacted in 1978 as part of the original Criminal & Correctional Code. 2022 NOTE: Past publications of the GCA included the following annotations: COMMENT: The Law Revision Commission made no recommendation as to the regulation of abortion.

Criminal & Correctional Code. 2022 NOTE: Past publications of the GCA included the following annotations: COMMENT: The Law Revision Commission made no recommendation as to the regulation of abortion. Th is section was added by the Legislature, which committed a serious error in its adoption (since rectified). Initially (1978), no sa nctions were provided for the performing of illegal abortions. H owever, this has been changed in later sections of this Chapter. COURT DECISIONS: Sections 31.20, 31.21, 31.22 and 31.33, as reenacted by P.L. 20-134, were declared null and vo id as contrary to the U.S. Constitution. As a result, the original se ctions of law were reinstated. Guam Society of Obstetricians & Gynecologists, et a l. v. Ada, Governor of Guam, et al. , No. 90-16706, C.A.9 (1992), 962 F.2d 1366 . COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 4 Past publications also included an undated Compiler ’s Note that set forth the following statutory provisions added by P.L. 20 -134 (Mar. 19, 1990): § 31.20. Abortion: Defined. Abortion means the purposeful termination of a human pregnancy after implantation of a fertilized ovum by any person including the

s added by P.L. 20 -134 (Mar. 19, 1990): § 31.20. Abortion: Defined. Abortion means the purposeful termination of a human pregnancy after implantation of a fertilized ovum by any person including the pregnant woman her self with an intention other than to produce a live birth or to remove a dead unborn fetus. Abortion does not mean the medical in tervention in (i) an ectopic pregnancy, or (ii) in a pregnancy at any time after the commencement of pregnancy if two (2) physicians who practice independently of each other reasonably determine us ing all available means that there is a substantial risk that continu ance of the pregnancy would endanger the life of the mother or would gravely impair the health of the mother, any such terminati on of pregnancy to be subsequently reviewed by a peer review commit tee designated by the Guam Medical Licensure Board, and in either case such an operation is performed by a physician licensed to p ractice medicine in Guam or by a physician practicing medicine in th e employ of the government of the United States, in an adequately e quipped medical clinic or in a hospital approved or operated by the government of the United States or of Guam.

cing medicine in th e employ of the government of the United States, in an adequately e quipped medical clinic or in a hospital approved or operated by the government of the United States or of Guam. § 31.21. Providing or Administering Drug or Employi ng Means to Cause an Abortion. Every person who provid es, supplies, or administers to any woman, or procures any woman to take any medicine, drug, or substance, or uses or employs an y instrument or other means whatever, with intent thereby to cause an abortion of such woman as defined in § 31.20 of this Title is g uilty of a third degree felony. In addition, if such person is a lic ensed physician, the Guam Medical Licensure Board shall take appropriate disciplinary action. § 31.22. Soliciting and Taking Drug or Submitting t o an Attempt to Cause an Abortion. Every woman who solic its of any person any medicine, drug, or substance whatever, a nd takes the same, or who submits to any operation, or to the us e of any means whatever with intent thereby to cause an abortion a s defined in § 31.20 of this Title is guilty of a misdemeanor. § 31.23. Soliciting to Submit to Operation, Etc., t o Cause an Abortion.

f any means whatever with intent thereby to cause an abortion a s defined in § 31.20 of this Title is guilty of a misdemeanor. § 31.23. Soliciting to Submit to Operation, Etc., t o Cause an Abortion. Every person who solicits any woman to su bmit to any operation, or to the use of any means whatever, to cause an abortion as defined in § 31.20 of this Title is guilty of a misdemeanor. In Guam Society of Obstetricians & Gynecologists v. Ad a , 962 F.2d 1366 (9th Cir 1992), cert. denied , 506 U.S. 1011 (1992), the Ninth Circuit Court invalidated these provisions, relying on Roe v. Wade , 410 U.S. 113 (1972), and also permanently enjoined enforcement of P.L. 2 0-134. Roe v. Wade was overturned by Dobbs v. Jackson Women’s Health Organization , 597 U.S. -- (2022), and in response to a request from m embers of the 36th Guam Legislature, the Attorney General of Guam issu ed Opinion COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 5 Memorandum LEG-22-0324, finding that the 20th Guam Legislature had exceeded its Organic Act authority in enacting P.L. 20-134, and that P.L. 20-134 was void ab initio . See Att’y. Gen. Op. Mem LEG-22-034 (July 6, 2022).

24, finding that the 20th Guam Legislature had exceeded its Organic Act authority in enacting P.L. 20-134, and that P.L. 20-134 was void ab initio . See Att’y. Gen. Op. Mem LEG-22-034 (July 6, 2022). Based on this guidance, the provisions of P .L. 20-134 will not be codified in the GCA. § 31.21 Illegal Abortions Punished. Any person performing an abortion in circumstances other than permitted by § 31.20 shall be guilty of a thir d degree felony. SOURCE: Added by P.L. 14-122 (4/19/78). COMMENT: This Section was added after it was discovered that the Legislature, while regulating abortions, had neglec ted to provide any penalty for performing abortions in situations othe r than those permitted by law. § 31.22 Refusal to Participate in Abortion. (a) (1) No employer or other person shall require a physician, a registered nurse, a licensed vocational nurse, or any person employed or with staff privileges at a hospital, fa cility or clinic to directly participate in the induction or performance of an abortion, if such employee or other person ha s filed a written statement with the employer or the hospital , facility or clinic indicating a moral, ethical or religious basis for refusal

mance of an abortion, if such employee or other person ha s filed a written statement with the employer or the hospital , facility or clinic indicating a moral, ethical or religious basis for refusal to participate in the abortion. (2) No such employee or other person with staff privileges in a hospital, facility, or clinic shall be subject to any penalty or discipline by reason of his refusal to participate in an abortion. No such employee of a h ospital, facility or clinic which does not permit the perfor mance of abortions, or person with staff privileges therein, shall be subject to any penalty or discipline on account of such person’s participation in the performance of an abo rtion in other than such hospital, facility or clinic. (3) No employer shall refuse to employ any person because of such person’s refusal for moral, ethical or religious reasons to participate in an abortion, un less such person would be assigned in the normal course of bu siness of any hospital, facility or clinic to work in those p arts of the hospital, facility or clinic where abortion patient s are cared for.

such person would be assigned in the normal course of bu siness of any hospital, facility or clinic to work in those p arts of the hospital, facility or clinic where abortion patient s are cared for. No provision of this Chapter prohibits any hos pital, COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 6 facility or clinic which permits the performance of abortions from inquiring whether the employee or prospective employee would advance a moral, ethical or religiou s basis for refusal to participate in an abortion before hi ring or assigning such a person to that part of a hospital, facility or clinic where abortion patients are cared for. (4) The refusal of a physician, nurse, or any other person to participate or aid in the induction or performan ce of an abortion pursuant to this subsection shall not form the basis of any claim for damages. (b) No hospital, facility, or clinic shall refuse s taff privileges to a physician because of such physician’s refusal to participate in the performance of an abortion for moral, ethical, or religious reasons. (c) (1) Nothing in this Chapter shall require a non -profit hospital or other facility or clinic which is

al to participate in the performance of an abortion for moral, ethical, or religious reasons. (c) (1) Nothing in this Chapter shall require a non -profit hospital or other facility or clinic which is opera ted by a religious corporation or other religious organizati on or any administrative officer, employee, agent, or member of the governing board thereof, to perform or permit the performance of an abortion in such facility or clin ic or to provide abortion services. No such non-profit facil ity or clinic organized or operated by a religious corpora tion or other religious organization, nor its administrativ e officers, employees, agents, or members of its governing boar d shall be liable, individually or collectively, for failur e or refusal to participate in any such act. (2) The failure or refusal of any such corporation, unincorporated association or individual person to perform or to permit the performance of such medical proced ures shall not be the basis for any disciplinary or othe r recriminatory action against such corporations, unincorporated associations, or individuals. Any su ch facility or clinic which does not permit the performance of abortions on its premises

or othe r recriminatory action against such corporations, unincorporated associations, or individuals. Any su ch facility or clinic which does not permit the performance of abortions on its premises shall post notice of such proscript ion in an area of such facility or clinic which is open to pa tients and prospective admittees. COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 7 (d) (1) This section shall not apply to medical eme rgency situations and spontaneous abortions. (2) Any violation of this section is a misdemeanor. SOURCE: Added by P.L. 14-122 (4/19/78). 2018 NOTE: Subsection/subitem designations altered/added in subsections (a) and (c) pursuant to authority by 1 GCA § 1606. § 31.30. Child Abuse; Defined & Punished. (a) A person is guilty of child abuse when: (1) he subjects a child to cruel mistreatment; or (2) having a child in his care or custody or under his control, he: (A) deserts that child with intent to abandon him; (B) subjects that child to cruel mistreatment; or (C) unreasonably causes or permits the physical or, emotional health of that child to be endangered.

) deserts that child with intent to abandon him; (B) subjects that child to cruel mistreatment; or (C) unreasonably causes or permits the physical or, emotional health of that child to be endangered. (b) Child abuse is a felony of the third degree whe n it is committed under circumstances likely to result in d eath or serious bodily injury. Otherwise, it is a misdemeanor. (c) Voluntary surrender of physical custody of a ne wborn infant by a mother to authorized Safe Haven personn el pursuant to the provisions of the Newborn Infant Safe Haven Act, 19 GCA, Chapter 13, Article 5, is an absolute defense to pr osecution for child abuse as a result of deserting that child wit h intent to abandon that child under Subsection (a)(2)(A) of th is Section. (1) For purposes of this Subsection, 'authorized Sa fe Haven personnel' has the same meaning as defined un der the Newborn Infant Safe Haven Act, 19 GCA § 13503(a). (2) For purposes of this Subsection, 'mother' has t he same meaning as defined under the Newborn Infant Sa fe Haven Act, 19 GCA § 13503(d). (3) For purposes of this Subsection, 'newborn infan t' has the same meaning as defined under the Newborn I nfant Safe Haven Act, 19 GCA §

under the Newborn Infant Sa fe Haven Act, 19 GCA § 13503(d). (3) For purposes of this Subsection, 'newborn infan t' has the same meaning as defined under the Newborn I nfant Safe Haven Act, 19 GCA § 13503(e). COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 8 SOURCE: M.P.C. § 230.4; *Cal. § 980 (1971); Mass. ch. 273, §§ 1, 4; N.J. § 2C:24-4. Subsection (c) added by P.L. 34-120 :2 (Sept. 8, 2018). CROSS-REFERENCES: G.P.C. §§ 270, 271, 271a, 273, 273c; See also § 272. COMMENT: § 31.30 supersedes all or parts of the Guam Penal C ode dealing with the same subject. The extent of liabil ity under this Section depends upon the relationship of the defendant to t he child and the degree to risk to the child. Any person who subjects a chi ld to cruel mistreatment is guilty of a crime. Persons having the care or re sponsibility for a child are held to a high standard of care. In addition to the obvious crimes of desertion or cruel mistreatment, parents or guardia ns may not unreasonably cause or permit a child to be endangered. This § 31.30(2)(C) recognizes the duty imposed upon parents or guardians to care for a child’s emotional, as well as physical needs.

ns may not unreasonably cause or permit a child to be endangered. This § 31.30(2)(C) recognizes the duty imposed upon parents or guardians to care for a child’s emotional, as well as physical needs. § 31.35. Reporting of Suspected Child Abuse to Depa rtment of Public Health and Social Services. [Repealed.] SOURCE: G.P.C. § 273b; Cal. § 982 (1971). Repealed by P.L. 14-137, effective 07/25/78. § 31.37. Registry of Cases of Suspected Child Abuse Reported to Department of Public Health and Social Services. [Repealed.] SOURCE: G.P.C. § 273e. Repealed by P.L. 14-137, effective 07/25/78. § 31.40. Abuse of An Incompetent; Defined & Punishe d. (a) A person is guilty of abuse of an incompetent when: (1) he subjects an incompetent to cruel mistreatmen t; or (2) having an incompetent in his care of custody or under his control, he: (A) deserts that incompetent with intent to abandon him; (B) subjects that incompetent to cruel mistreatment; or (C) unreasonably causes or permits the physical or emotional health of that incompetent to be endanger ed. COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 9 (b) As used in this Section, incompetent means a person who is

or emotional health of that incompetent to be endanger ed. COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 9 (b) As used in this Section, incompetent means a person who is unable to care for himself because of old age, o r because of physical or mental illness, disease or defect. (c) Abuse of an incompetent is a felony of the third degree when it is committed under circumstances likely to result in death or serious bodily injury. Otherwise, it is a misdem eanor. SOURCE: G.P.C. § 361; Compare M.P.C. § 230.5; *Cal. § 984 ( 1971); N.J. § 2C:24-5. COMMENT: § 31.40 supersedes former Penal Code § 361 and exte nds the same protection to incompetents that § 31.40 pr ovides for children. § 31.45. Failure to Provide; Defined & Punished. (a) A person is guilty of failure to provide when having a spouse, child or indigent parent whom he is legally obliged to support, he knowingly fails to furnish that person with necessary support. (b) As used in this Section, support includes food, clothing, shelter, medical attention and education. (c) As used in this Section, child includes a child conceived but not yet born. SOURCE: G.P.C. §§ 270, 270a, 270c, 271a; M.P.C.

port includes food, clothing, shelter, medical attention and education. (c) As used in this Section, child includes a child conceived but not yet born. SOURCE: G.P.C. §§ 270, 270a, 270c, 271a; M.P.C. § 230.5; Ca l. § 986 (1971); Mass. ch. 273, §§ 1, 3 and 4; N.J. § 2C:24- 5. CROSS-REFERENCES: §§ 1500-1531, Code of Civil Procedure (Uniform Reciprocal Enforcement of Support Act). COMMENT: This is a replacement of all or part of the Penal C ode sections on the same subject. This Section does not apply to an ex-spouse. While this Section has been used sparingly, it is b eneficial when one is faced with a certain type of continual, unlawful an d deliberate failure to support where the means of support are available. T his statute is usually used as a last resort after civil remedies have fai led. § 31.50. Surety for Support. (a) If at any time before sentencing under any pros ecution pursuant to § 31.45, the defendant appears before t he court and enters into any undertaking with sufficient suretie s in such penal sum as the court may fix, to be approved by the cou rt, and conditioned that the defendant will pay to the pers on having custody of such spouse, child or parent, such sum p

t suretie s in such penal sum as the court may fix, to be approved by the cou rt, and conditioned that the defendant will pay to the pers on having custody of such spouse, child or parent, such sum p er month as COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 10 may be fixed by the court to provide necessary food , clothing, shelter or medical attendance or other remedial car e, then the court may suspend proceedings or sentence therein. (b) The undertaking provided pursuant to Subsection (a) shall be valid and binding for one (1) year, or such less er time as the court shall fix. (c) Upon the failure of the defendant to comply wit h the undertaking, he may be ordered to appear before the court and show cause why further proceedings should not be ha d in the action or why sentence should not be imposed, where upon the court may proceed with the action, or pass sentence or for good cause shown may modify the order and take a new und ertaking and further suspend proceedings or sentence for a l ike period. SOURCE: GPC 270(b). COMMENT: § 31.50 continues Penal Code 270(b) and expands its scope to include any of the relationship dealt with in § 31.45.

er suspend proceedings or sentence for a l ike period. SOURCE: GPC 270(b). COMMENT: § 31.50 continues Penal Code 270(b) and expands its scope to include any of the relationship dealt with in § 31.45. § 31.55. Fine Imposed May be Used for Support. In any case where there is a conviction of an offen se under § 31.45 and a sentence to pay a fine, such fine may b e directed by the court to be paid in whole or in part to the spo use, child or parent or guardian or custodian of such person. SOURCE: G.P.C. § 270(d). COMMENT: § 31.55 continues the substance of former Penal Cod e § 270(d), but like § 31.50, is broadened to include p ayments to spouse, child or parent. § 31.60. Criminal Spouse Abuse: Penalty. [Repealed.] SOURCE: Added by P.L. 15-060:3, eff. 08/31/79. Repealed by P.L. 22- 160:3 (12/30/94). COMMENT: The Title of P.L. 22-160 indicated that § 31.60 is repealed. This is logical since new Chapter 30 covers the fie ld previously covered in § 31.60. In an apparent typographical error, Sectio n 3 of P.L. 22-160, which actually repealed the law, repealed § 30.61. Such section does not exist since Chapter 30, of which it ought to be a p art, was enacted by the same law which repealed

Sectio n 3 of P.L. 22-160, which actually repealed the law, repealed § 30.61. Such section does not exist since Chapter 30, of which it ought to be a p art, was enacted by the same law which repealed this Section. Therefore, th e Compiler will treat this section as the proper one repealed. COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 11 § 31.65. Curfew Hours for Minors. (a) Definitions. As used in this Section: (1) Curfew Hours means: (A) 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (B)12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (2) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to , a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodil y injury or loss of life. (3) Establishment means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

ss of life. (3) Establishment means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. (4) Guardian means: (A) a person who, under court order, is the guardia n of the person of a minor; or (B) a public or private agency with whom a minor has been placed by a court. (5) Minor means any person under seventeen (17) years of age. (6) Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes th e members or partners of an association or partnership and the officers of a corporation. (7) Parent means a person who is: (A) a natural parent, adoptive parent, or step-parent of another person; or COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 12 (B) at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. (8) Public Place means any place to which the public or a substantial group of the public has access and in cludes, but is not limited to , streets, highways, and the common areas of schools,

minor. (8) Public Place means any place to which the public or a substantial group of the public has access and in cludes, but is not limited to , streets, highways, and the common areas of schools, hospitals, apartment houses, office buildi ngs, transport facilities, and shops. (9) Remain means to: (A) linger or stay; or (B) fail to leave premises when requested to do so by a peace officer or the owner, operator, or other person in control of the premises. (10) Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (b) Offenses. (1) A minor commits an offense if he remains in any public place or on the premises of any establishment on Guam during curfew hours. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment on Guam during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of

remises of any establishment on Guam during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishm ent during curfew hours. (c) Defenses. (1) It is a defense to prosecution under Subsection (b) that the minor was: (A) accompanied by the minor’s parent or guardian; COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 13 (B) on an errand at the direction of the minor’s parent or guardian, without any detour or stop; (C) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (D) involved in an emergency; (E) on the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence; (F) attending or traveling to or returning home without detour from an official school, religious, or other recreational activity supervised by adults an d sponsored by the government of Guam, a civic organization, or another similar entity that takes responsibility for the minor, or going to or

, or other recreational activity supervised by adults an d sponsored by the government of Guam, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the governmen t of Guam, a civic organization, or another similar entity that takes responsibility for the minor; (G) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the ri ght of assembly; or (H) married or had been married, enlisted in a branch of the United States Armed Forces or the National Guard or had disabilities of minority removed in accordance with Article 3 of Chapter 4 of Title 19 GCA. (2) It is a defense to prosecution under Subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a mino r was present on the premises of the establishment during curfew hours and refused to leave. COL7/19/20229 GCA CRIMES AND CORRECTIONS CH.

blishment promptly notified the police department that a mino r was present on the premises of the establishment during curfew hours and refused to leave. COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 14 (d) Enforcement. Before taking any enforcement acti on under this Section, a police officer shall ask the apparent offender’s age and reason for being in the public p lace. The officer shall not issue a citation, take into custody or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and ot her circumstances, no defense in Subsection (c) is pres ent. (e) Penalties. (1) A person who violates a provision of this Chapt er is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punis hable by a fine not to exceed Five Hundred Dollars ($500). (2) When required by §5104 of Title 19 GCA, as amended, the Superior Court shall waive original jurisdiction over a minor who violates Subsection (b)(1) of this Section and shall refer the minor to juvenile court.

red by §5104 of Title 19 GCA, as amended, the Superior Court shall waive original jurisdiction over a minor who violates Subsection (b)(1) of this Section and shall refer the minor to juvenile court. SOURCE: Added by P.L. 17-069:2 (Sept. 12, 1984). Repealed a nd renacted by P.L. 22-100:2 (Mar. 31, 1994); P.L. 29- 028:1 (Oct. 24, 2007). 2018 NOTE: Past publications of the GCA included the followi ng annotation: COURT DECISIONS: This curfew law has been declared unconstitutional on its face because it is vague an d overbroad. In the Interest of K.D.Q., JD0300-98, Superior Cour t of Guam (Juvenile Div. 1998). This case has not been repea led nor has the section been amended to conform to the decision . This annotation is no longer accurate. The version of the curfew law found to be unconstitutional was repealed in 2007 by P.L. 29-028. § 31.70. Leaving Children Unattended or Unsupervised in Motor Vehicles; Penalty; Authority of Law Enforceme nt Officer . (a) A parent, legal guardian, or other person, at l east twelve (12) years of age, responsible for a child five (5) years of age or younger, may not leave such child unattended or uns upervised in a motor vehicle: (1) For a period in

ther person, at l east twelve (12) years of age, responsible for a child five (5) years of age or younger, may not leave such child unattended or uns upervised in a motor vehicle: (1) For a period in excess of fifteen (15) minutes; or COL7/19/20229 GCA CRIMES AND CORRECTIONS CH. 31 OFFENSES AGAINST THE FAMILY 15 (2) For any period of time if the motor of the vehi cle is running or the health of the child is in danger. (b) Any person who violates the provisions of Subse ction (a)(1) commits a petty misdemeanor. (c) Any person who violates the provisions of Subse ction (a)(2) is guilty of a violation, punishable by a fi ne not less than Fifty Dollars ($50) and not more than Five Hundred Dollars ($500). (d) Any person who violates Subsection (a) and in s o doing causes serious bodily injury, permanent disability, or permanent disfigurement to a child commits a felony of the th ird degree. (e) Any law enforcement officer who observes a chil d left unattended or unsupervised in a motor vehicle in vi olation of Subsection (a) may use whatever means are reasonabl y necessary to protect the minor child and to remove the child from the vehicle.

eft unattended or unsupervised in a motor vehicle in vi olation of Subsection (a) may use whatever means are reasonabl y necessary to protect the minor child and to remove the child from the vehicle. (1) If the child is removed from the immediate area , notification should be placed on the vehicle. (2) The child shall be remanded to the custody of t he Child Protective Services Division pursuant to Titl e 19 GCA, Chapter 13, unless the law enforcement officer is a ble to locate the parents or legal guardian or other perso n responsible for the child. SOURCE: Added as § 70.45 by P.L. 29-044:1 (Jan. 2, 2008) a nd renumbered to § 70.44.2. Renumbered to § 31.70 as part of the reorganization of Chapter 70, pursuant to the autho rity granted by 1 GCA § 1606. ---------- COL7/19/2022