Chapter 34

9 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 1 CHAPTER 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF § 34.10. Definitions. § 34.20. Aggravated Arson; Defined & Punished. § 34.30. Arson; Defined & Punished. § 34.40. Negligent Burning; Defined & Punished. § 34.50. Criminal Mischief; Defined. § 34.60. Criminal Mischief; Punished. § 34.70. Graffiti Prohibited. § 34.80. Use of Fines Collected. § 34.90. Destruction of Property: Penalty. COMMENT: (1978) This Chapter 34 replaces many narrowly defined crimes against property, which may or may not endang er human life or safety, and are found in the Penal Code, down t o four (4) generally-defined crimes. Thus, we have aggravated arson, negligent burning and criminal mischief. The definitions are g reatly 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 long er reflects the value of property involved, but rather reflects the degree of risk involved to

, hotels or any building in which people may occupy. The classification of the standard of arson no long er 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 v alue attached to the property. Due to the extreme risk which fire and explosion ca use to both persons and property, the Commission felt that the crime of Anegligent burning @ shall be included in this Code. This is an excepti on to the concept that negligence will not create criminal li ability, but the danger involved in the prohibited activity was deemed so g reat as to warrant an exception in this case. Criminal mischief, § 34.50, creates a crime involvi ng a wide variety of property-damaging conduct not characteri zed by the dangerous means (fire explosion) dealt with in the previous s ections. § 34.50(b) is designed to deal with a variety of situations, for example, throwing a power switch, in which the gist of

d by the dangerous means (fire explosion) dealt with in the previous s ections. § 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 exten ded consequences. Criminal mischief penalties are classified accordin g to the harm actually caused or intended to be caused by the defendant's conduct, except for the COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 2 highly restricted Atampering @ offense defined by Subsection (b) which is treated as a third degree felony because of the ext remely serious risk with which it deals and the demonstrated dangerousness o f 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 bein g 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

perty 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, cut- over 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). Subs ection (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 re cklessly damages any habitable property by means of fire or explosives in conscious disregard of a substantial risk that at t he 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 degre e, the court shall impose a sentence of imprisonment of a minimu m term of five (5) years and may impose a maximum term of up to ten (10) years; the minimum term imposed shall not be suspen ded nor may probation be

all impose a sentence of imprisonment of a minimu m term of five (5) years and may impose a maximum term of up to ten (10) years; the minimum term imposed shall not be suspen ded nor may probation be imposed in lieu of the minimum ter m nor shall parole or work release be granted before completion of the minimum term. The sentence shall include a special parole term COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 3 of not less than three (3) years in addition to suc h term of imprisonment. SOURCE: G.P.C. §§ 447a, 448a, 449a, 601; M.P.C. § 220.1; *C al. § 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. 10/01/7 8. 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 c auses an explosion, whether on his own property, another’s p roperty, or forest land: (1) with the intention of defrauding an insurer; or (2) in reckless disregard of a risk that his conduc t will damage or destroy the property of another; or (3) in reckless disregard of a

orest land: (1) with the intention of defrauding an insurer; or (2) in reckless disregard of a risk that his conduc t will damage or destroy the property of another; or (3) in reckless disregard of a risk that his conduc t 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. §§ 10 76, 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 explosio n 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 fore st land, in danger of damage or destruction; or (2) having started a fire, whether negligently or n ot, and knowing that its spread will endanger the life or property of another, or forest land, either fails t o take reasonable measures to put out or control the fire, or fails to give a

gently or n ot, and knowing that its spread will endanger the life or property of another, or forest land, either fails t o take reasonable measures to put out or control the fire, or fails to give a prompt fire alarm. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 4 (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). Amend ed 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

ally 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 se rvice; or (c) he intentionally damages the property of anothe r 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, 6 00, 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) am ended by P.L. 22- 149:1 (12/29/94); P.L. 23-27:2 (6/27/95). Amended b y P.L. 35-134:5 (Dec. 29, 2020). § 34.60. Criminal Mischief; Punished. (a) A violation of subsections (b) or (d) of § 34.5 0 is a third degree felony. (b) A violation of subsection (a) of § 34.50 is a t hird degree felony if the defendant's conduct causes or is inte nded to cause COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 5 pecuniary loss in excess of Five Hundred Dollars ($ 500.00), a misdemeanor if the defendant's conduct causes or is intended to cause

CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 5 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 ($5 0.00), and a petty misdemeanor if the defendant's conduct causes or is intended to cause pecuniary loss in excess of Twent y-four Dollars ($24.00). Otherwise, criminal mischief is a violation. (c) Any adult convicted under subsection (c) of § 3 4.50, Title 9, Guam Code Annotated, is guilty of a misdem eanor punishable by imprisonment for not less than a mand atory forty- eight (48) hours nor more than one year and a fine of two hundred fifty dollars ($250.00) for the first offen se, five hundred dollars ($500.00) for the second offense and one th ousand dollars ($1000.00) for each subsequent offense. In the case of a minor, the parents or the legal gu ardian 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 c osts.

e 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 c osts. 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 th e defendant's offense in the amount or manner determined by the c ourt. Furthermore, the person or if a minor, his or her p arents, shall re- paint or refurbish the property so damaged, destroy ed, removed, or defaced at such person's expense, under the supe rvision 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 o f community service. Parents or legal guardians of any minor fo und to have violated this subsection shall also be responsible for providing supervision as well as paying for the fine if the m inor is unable to do so.

e. Parents or legal guardians of any minor fo und to have violated this subsection shall also be responsible for providing supervision as well as paying for the fine if the m inor is unable to do so. (d) The court may order that any person punished un der § 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 day s other than COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 6 school days if the defendant is a minor, as determi ned 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, t he following terms apply: (1) Broad-tipped indelible marker means any felt tip marker, or similar implement, which contains a flui d which is not water soluble and which has a flat or angled writing surface one-half inch or greater.

ad-tipped indelible marker means any felt tip marker, or similar implement, which contains a flui d 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 gov ernment or agency thereof, including but not limited to, a motor vehicle operator's license, or registration certifi cate 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 o f 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 n ames and addresses are shown upon the records of the Departm ent of Revenue of Taxation. (4) Supervising Adult means an individual eighteen (18) years of age or older who has been given respo nsibility by the minor's parents, legal guardian, or other la wful 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 viola tor to or from the scene of a violation.

, or other la wful 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 viola tor to or from the scene of a violation. (b) No person shall write, paint or draw any inscri ption, figure, or mark of any type on any public or privat e building or structure or other real or personal property owned, operated or maintained by a governmental entity or any agency o r COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 7 instrumentality thereof or by any person, firm or c orporation 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 inte nt to make graffiti is prohibited. No person shall carry an aerosol spray paint can or broad-tipped indelible marker wi th the intent to violate the provisions of this section. (d) Possession of spray paint or broad-tipped indel ible 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-t

-tipped indel ible 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-t ipped indelible marker while on public property, highway, street, a lley, or way except in the company of a supervising adult. (e) Possession of spray paint or broad-tipped indel ible markers by minors on private property is prohibited without consent of the owner. No person under the age of ei ghteen (18) shall have in his or her possession any aerosol con tainer of spray paint or broad-tipped indelible marker while on any private property unless the owner, agent or manager, or per son in possession of the property knows of the minor's pos session of the aerosol container or marker and has consented to th e 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 ($1,0 00.00) for the first offense, and two thousand five hundred dollar s ($2,500.00) for the second offense; and for each subsequent off ense by a fine of five thousand dollars

one thousand dollars ($1,0 00.00) for the first offense, and two thousand five hundred dollar s ($2,500.00) for the second offense; and for each subsequent off ense by a fine of five thousand dollars ($5,000.00) or by imprison ment for a term not to exceed one hundred twenty (120) days or by both fine and imprisonment at the discretion of the cour t. In the case of a minor, the parents or legal guardian shall be responsible for payment of all fines. Failure of the parents or le gal 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 c ourt costs. (g) In addition to any punishment ordered under sub section (f), the court shall order any person found in viol ation of subsections (b), (c), (d) or (e) to make restitutio n to the victim COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 8 for damage or loss caused directly or indirectly by the defendant's offense in a reasonable amount or manne r to be determined by the court. Where the defendant is a m inor, the parents or legal guardian shall be jointly and seve rally liable with the minor to make such restitution.

sonable amount or manne r to be determined by the court. Where the defendant is a m inor, the parents or legal guardian shall be jointly and seve rally liable with the minor to make such restitution. (h) In addition to any punishment listed in subsect ions (f) and restitution ordered under subsection (g), the c ourt 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 subsect ions (f), (g) and (h), any adult convicted for violating subs ections (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 limit ed to, automobiles and bicycles, used or intended to be us ed in violating subsections (b), (c), (d) or (e) shall be forfeitable to Guam. In any forfeiture under this section, the Cou rt shall not order a forfeiture unless it finds that the forfeit ure is commensurate with the severity of the violation to the extent required by the laws of Guam,

feiture under this section, the Cou rt shall not order a forfeiture unless it finds that the forfeit ure 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 sol d to any person under the age of eighteen (18) years, and no person under the age of eighteen years (18) shall buy any aeroso l container of spray paint or broad-tipped indelible markers. Evid ence 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 pro secution thereof. (l) Every person who owns, conducts, operates or ma nages a retail commercial establishment selling aerosol c ontainers of spray paint or broad-tipped indelible markers shall : (1) Place a sign in clear public view at or near th e display of such products stating: COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 9 '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

S CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 9 '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 aero sol 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 c ivil 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 c alendar year at a commercial establishment, that establishment shal l be subject to an injunction from a court of competent jurisdic tion forbidding the sale of aerosol containers of spray paints and broad-tipped indelible markers for

ishment, that establishment shal l be subject to an injunction from a court of competent jurisdic tion forbidding the sale of aerosol containers of spray paints and broad-tipped indelible markers for a period up to t wo (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 injunct ion from a court of competent jurisdiction forbidding the sale of aerosol containers of spray paints and broad-tipped indelib le markers until payment of the fine, attorney’s fees and cost s. (n) In addition to any punishment ordered under S ubsection (f), (g), (h), (i) and (j), the court shall immediately, upon conviction of an offender charged with the defaceme nt of property, revoke the license or instruction permit of any driver in violation of this Section subject to a period of ti me described COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 10 hereafter: (1) after one (1) conviction, six (6) months; (2) after a second or subsequent conviction, one (1 ) year for

CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 10 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 desc ribed in this Act upon being eligible to receive a licens e 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 o f a driver’s license or instruction permit shall not run concurrently with any existing or subsequent suspension, revocat ion, cancellation or denial which is provided for by law . SOURCE: Added by P.L. 22-149:3 (12/29/94). Repealed/reenact ed 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).

t. 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 m onies collected by the enforcement of 9 GCA §§ 34.60 or 3 4.70 shall be deposited in the Appointed Counsel Trust Fund es tablished under 7 GCA § 22111 for fees and expenses related t o 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 w ritten permission of the owner or of the owner's agent or of the person in lawful possession: COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 11 (a) Maliciously tears down, damages, mutilates or destroys any sign, signboard or notice placed upon, or affixed to any property that belongs to the governm ent of

GENT BURNING , CRIMINAL MISCHIEF 11 (a) Maliciously tears down, damages, mutilates or destroys any sign, signboard or notice placed upon, or affixed to any property that belongs to the governm ent of Guam, which sign, signboard or notice is intended t o indicate or designate a road or highway or is inten ded to designate speed limits or a traffic hazard or is in tended to direct travelers from one point to another or is in tended to advise of prohibited entry or relates to fires, fir e control, trespassing or other matters involving the protecti on of the property; (b) Wilfully opens, tears down or otherwise destroy s any fence on the land of another or wilfully remove s, injures, cuts or tampers with any lock or any locke d gate or any locked chain or any other locked barrier on any road, track or trail leading into lands of another or mal iciously tears down, mutilates or destroys any sign, signboa rd or other notice forbidding shooting on public or priva te property; or (c) Enters any lands, whether unenclosed or enclose d by fence, for the purpose of injuring any property or property rights or with the intention of interferin g with, obstructing or injuring any lawful business

ny lands, whether unenclosed or enclose d by fence, for the purpose of injuring any property or property rights or with the intention of interferin g with, obstructing or injuring any lawful business or occu pation 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 e nters upon uncultivated and unenclosed lands belonging to , or occupied by, any other where signs forbidding tresp ass are displayed at intervals not less than three to the m ile along all exterior boundaries on all roads and trails ent ering such lands: (1) For the purpose of hunting, shooting, killing o r 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 COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 34 ARSON , NEGLIGENT BURNING , CRIMINAL MISCHIEF 12 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.

NING , CRIMINAL MISCHIEF 12 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 inter vals not greater than one mile along the exterior boundaries or along roads and trails passing through such lands declari ng the lands closed to public entry or stating 'no trespas sing.' The Director of the Department of Land Management, in compliance with the Administrative Adjudication Act , is authorized to designate as closed to public entry a nd post 'no trespassing' signs on any portion or portions o f property belonging to the Government upon his determination that such designation is reasonably n ecessary for the purpose of public safety, preservation of g overnment property, conservation of resources, fire preventio n, safety of adjoining property owners or prevention of nuisa nces. SOURCE: Added by P.L. 16-079:1 (May 4, 1980) as 9 GCA § 70 .41. Renumbered by the Compiler pursuant to the authorit y of 1 GCA § 1606.

safety of adjoining property owners or prevention of nuisa nces. SOURCE: Added by P.L. 16-079:1 (May 4, 1980) as 9 GCA § 70 .41. Renumbered by the Compiler pursuant to the authorit y of 1 GCA § 1606. 2021 NOTE: Reference to 'territory' replaced with 'Guam' purs uant to 1 GCA § 420. ---------- COL6/24/2021