Chapter 37

9 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 1 CHAPTER 37 BURGLARY AND HOME INV ASION 2014 NOTE: Unless otherwise indicated, the Notes and Comments are the original annotations from the Criminal and Correcti onal Code (1977), enacted by P.L. 32-185 (Sept. 2, 1976). These annotations w ere included when the Criminal and Correctional Code (1977) was 'recodifi ed' as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1 980). These original annotations were retained in past print publication s of the GCA,and are included herein for historical purposes. The Source notes, h owever, have been updated to reflect subsequent changes to each provision. ARTICLE 1 BURGLARY § 37.10. Definitions: Ref. to § 16.10. § 37.20. Burglary: Defined. Punishment Classified. § 37.30. Criminal Trespass: Defined, Punished, Defe nses. § 37.40. The Breaking of Window Glass to Gain Acces s to Vehicles. COMMENT: The crime of Aburglary @ has been continued by this Title. However, the degree of burglary has been abolished, with only a difference in punishment remaining. It no longer makes any difference to the crime charged, i.e.

ry @ has been continued by this Title. However, the degree of burglary has been abolished, with only a difference in punishment remaining. It no longer makes any difference to the crime charged, i.e. burglary of the first degree or burglary of the second degree, whet her the burglary enters a store or a dwelling. AHabitable property @ has been sufficiently broadly defined, as in § 34. 10, to include not only dwellings, but schools, churches, stores and workshops, and other similar buildings. Thus, burglary is a felony of th e second degree if perpetrated at night in an occupied structure, vehicle or vessel, or where the burglary is committed and an injury is inflicted or attempted upon anyone during the burglary, or the burglar is armed or displays explosives or weapons, or what appears to be explosives or weapons, regardless of the occupied status of the t hing burglarized. Otherwise, burglary is a third degree felony. A second offense, Acriminal trespass, @ has been created as a lessor included offense that burglary. The main difference is that no intent to commit a crime is required for conviction of Acriminal trespass.

d offense, Acriminal trespass, @ has been created as a lessor included offense that burglary. The main difference is that no intent to commit a crime is required for conviction of Acriminal trespass. @ This has been made possible by the expansion of the Aattempts @ law (§§ 13.10 and 13.60). The offense is classifie d as a petty misdemeanor if he remains in any habitable pr operty or any building knowing that he is not supposed to be there. Likewise, an o ffense is created prohibiting persons from entering or remaining in any place where tresp assing is not allowed. This latter crime is classified as a petty misdemeanor if the o ffender defies an order to leave. If no actual order is given it is a violation. The availa ble defenses are set forth. § 37.10. Definitions: Ref. to § 16.10. COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 2 As used in this Chapter: (a) Habitable Property has the meaning provided by § 34.10 and includes any such property whether or not a person is actually present therein. (b) Night means the period between thirty (30) minu tes past sunset and thirty (30) minutes before sunrise.

§ 34.10 and includes any such property whether or not a person is actually present therein. (b) Night means the period between thirty (30) minu tes past sunset and thirty (30) minutes before sunrise. (c) Deadly Weapon has the meaning provided by §16.1 0, Title 9, Guam Code Annotated. (d) Motor Vehicle, Semi-Trailer, Trailer, Truck, Tr uck-Tractor, Vehicle, and Vehicle Combination are defined by § 5 101, Title 16, Guam Code Annotated; and Motor Vehicle, Motor Bus. Motor Truck, Semi-Trailer, Trailer, and Vehicle are also defined by § 1102, Title 16, Guam Code Annotated. (e) School means any public or private educational facility, including institutions of higher learning, which sh all encompass all instructional, non-instructional, sports and extra curricular buildings and facilities. SOURCE: *M.P.C. § 221.0; Cal. § 1050 (1971); Mass. ch. 266, § 1; N.J. § 2C:18-1. Amended by P.L. 30-121:1 (Apr. 1, 2010). Subsection (e) added by P.L. 32-162:3 (May 23, 2014). CROSS-REFERENCES: §§ 34.10 and 34.20. § 37.20. Burglary: Defined, Punishment Classified. (a) A person is guilty of burglary if he enters or surreptitiously remains in any habitable property, building, or a s eparately secured or

d 34.20. § 37.20. Burglary: Defined, Punishment Classified. (a) A person is guilty of burglary if he enters or surreptitiously remains in any habitable property, building, or a s eparately secured or occupied portion thereof, or if he enters or surrep titiously remains in any School as defined in § 37.10(e) of this Chapter, wi th intent to commit a crime therein, unless the premises are at the time open to the public or the defendant is licensed or privileged to enter, or a person is guilty of burglary if he enters or surreptitiously remains in any moto r vehicle, semi-trailer, trailer, truck tractor, vehicle combination, motor bus, motor truck, or vehicle, with intent to commit a crime therein. It is an aff irmative defense to prosecution for burglary that the property, or buil ding, or motor vehicle was abandoned. (b) Burglary is a felony of the second degree. In t he case of burglary as a felony of the second degree, the court shall i mpose a sentence of COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 3 imprisonment of a minimum term of five (5) years, a nd may impose a maximum term of up to ten (10) years; the minimum t erm imposed shall not be

ES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 3 imprisonment of a minimum term of five (5) years, a nd may impose a maximum term of up to ten (10) years; the minimum t erm imposed shall not be suspended nor may probation be imposed in lieu o f 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 of not less than three (3) years, in addition to such term of i mprisonment. Provided, however, that in the case of an offender not previo usly convicted of a felony, the court may sentence the offender to not more tha n five (5) years imprisonment as a third degree felony conviction, a nd the provisions of this Subsection prohibiting probation, suspension, parol e or work release shall not be applicable to such offender. (c) A second or subsequent offense of burglary to a school shall be a felony of the first degree. In the case of a second or subsequent conviction of burglary committed to a school as a felony of the f irst degree, the court shall impose a sentence of imprisonment of a minimum term of ten (10) years, and may impose a maximum term of up to twenty (20) year s; the minimum

school as a felony of the f irst degree, the court shall impose a sentence of imprisonment of a minimum term of ten (10) years, and may impose a maximum term of up to twenty (20) year s; 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 gr anted before completion of the minimum term. The sentence shall include a s pecial parole term of not less than three (3) years in addition to such term of imprisonment. However, if the offender is under the age of eighteen years the court shall have the discretion to suspend all or a portion of the minim um sentence, and may encourage the Balanced Approach Restorative Justice Process. SOURCE: G.P.C. §§ 459-464; *M.P.C. § 221.1; Cal. §§ 1050-10 56 (1971); Mass. ch. 266, §§ 9-12; N.J. § 2C:18-2. Enacted 1977; Subsect ion (b) was repealed and reenacted by P.L. 14-143, eff. 10/01/78. Amended b y P.L. 30-121:2 (Apr. 1, 2010). P.L. 32-162:4 (May 23, 2014) amended subsections (a ) and (b) and added subsection (c). CROSS-REFERENCES: §§ 13.10 and 13.60; § 1.22. COMMENT: The Model Penal Code included a § 37.20(c) which ha s been excluded in this law.

014) amended subsections (a ) and (b) and added subsection (c). CROSS-REFERENCES: §§ 13.10 and 13.60; § 1.22. COMMENT: The Model Penal Code included a § 37.20(c) which ha s been excluded in this law. The exclusion is significant. That exc luded Subsection (c) provided that a person may not be convicted for both burglary and f or the offense which it was his intent to commit upon entry to the premises, nor fo r an attempt to commit that offense. § 1.22 of this Code does not appear to prohibit suc h multiple conviction where burglary is not included within such other offense, whatever it may be, nor is burglary a form of conspiracy to commit this other offense n or is burglary defined to prohibit a designated conduct generally while the other offens e is specific, nor is burglary a continuing course of conduct related to the other o ffense. Further, the Legislature has a distinct interest in prohibiting both burglary and whatever other offense the burglar may have in mind. There is an equally great public interest in the deterrence of rape, COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 4 regardless of whether it is committed in or out of a dwelling or

n equally great public interest in the deterrence of rape, COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 4 regardless of whether it is committed in or out of a dwelling or other habitable building, and the crime of burglary. Similarly, it is equally in the public interest to prevent burglary and thefts. Therefore, it is not incongruous to convict a perso n of both burglary and the offense he came to commit, assuming the facts exist to prove those offenses. § 37.30. Criminal Trespass: Defined, Punished, Defe nses. (a) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously r emains in any habitable property or any building or any motor vehicle. An offense under this Subsection is a misdemeanor if it is committed in a dwelling or motor vehicle. Otherwise it is a petty misdemeanor. (b) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any pl ace as to which notice against trespass is given by: (1) actual communication to the defendant; (2) posting in a manner prescribed by law or reason ably likely to come to the attention of

s in any pl ace as to which notice against trespass is given by: (1) actual communication to the defendant; (2) posting in a manner prescribed by law or reason ably likely to come to the attention of intruders; or (3) fencing or other enclosure manifestly designed to e xclude intruders. An offense under this Subsection constitutes a petty misdemeanor if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person or a peace officer. Otherwise it is a viola tion. (c) It is an affirmative defense to prosecution und er this Section that: (1) the property or building involved in an offense under Subsection (a) was abandoned; (2) the premises were at the time open to members o f the public and the defendant complied with all lawful conditio ns imposed on access to or remaining in the premises; or (3) the defendant reasonably believed that the owne r of the premises, or other person empowered to license acce ss thereto, would have licensed him to enter or remain. SOURCE: G.P.C. §§ 602, 647 (portions); *M.P.C. § 221.2; Cal . § 1058 (1971); Mass. ch. 266, §§ 13 and 14; N.J. § 2C:18-3. Amend ed by P.L. 30-121:3 (Apr. 1, 2010).

ve licensed him to enter or remain. SOURCE: G.P.C. §§ 602, 647 (portions); *M.P.C. § 221.2; Cal . § 1058 (1971); Mass. ch. 266, §§ 13 and 14; N.J. § 2C:18-3. Amend ed by P.L. 30-121:3 (Apr. 1, 2010). COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 5 CROSS-REFERENCES: @Burglary @ - § 37.20. § 37.40. The Breaking of Window Glass to Gain Acces s to Vehicles. (a) Any person who breaks a glass window of a vehicle, as defined in § 37.10(d) of this Chapter, in the process of commi tting, or attempting to commit, burglary or criminal trespass, is guilty of an additional offense as a third degree felony. (b) Any person who breaks a glass window of a vehic le, as defined in § 37.10(d) of this Chapter, in the process of commi tting, or attempting to commit, burglary or criminal trespass, in which the broken glass causes bodily injury to an innocent person is guilty of an additional offense as a second degree felony. SOURCE: Added by P.L. 30-121:4 (Apr. 1, 2010). ARTICLE 2 HOME INVASION SOURCE: P.L. 32-047:2 (July 5, 2013) added this entire Arti cle 2, §§ 37.201- 37.204.

itional offense as a second degree felony. SOURCE: Added by P.L. 30-121:4 (Apr. 1, 2010). ARTICLE 2 HOME INVASION SOURCE: P.L. 32-047:2 (July 5, 2013) added this entire Arti cle 2, §§ 37.201- 37.204. Codified by the Compiler as §§ 37.310-37.3 60 to maintain the Compiler’s general codification scheme in accordanc e with the authority granted by 1 GCA § 1606. § 37.210. Home Invasion. § 37.220. In the Course of Committing Home Invasion . § 37.230. Knowledge of Occupancy is Not a Defense. § 37.240. Home Invasion Punished. § 37.210. Home Invasion. A person is guilty of home invasion when such perso n commits a crime of burglary, as defined by this Chapter, in a dwell ing, while a person other than a participant in the crime is actually present in such dwelling, with the intent to commit a crime therein, and, in the cours e of committing the offense: (a) acting either alone or with one or more persons , such person or another participant in the crime commits or atte mpts to commit a violent crime against the person of another person other than a participant in the crime who is actually present in such dwelling; COL103120149 GCA CRIMES AND CORRECTIONS CH.

or atte mpts to commit a violent crime against the person of another person other than a participant in the crime who is actually present in such dwelling; COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 6 (b) such person is armed with explosives or a deadl y weapon or dangerous instrument; or (c) if any of the acts of a participant at any time during the burglary, or while attempting a burglary, or while fleeing from a burglary/attempted burglary, directly or indirectly , cause mental or emotional trauma, bodily injury, serious bodily inj ury, or the death of an occupant of the dwelling who is not a participan t in the burglary. SOURCE: Added as § 37.201 by P.L. 32-047:2 (July 5, 2013), codified by the Compiler as § 37.210. 2014 NOTE: This provision was codified as § 37.210 to mainta in the Compiler’s general codification scheme in accordance with the authority granted by 1 GCA § 1606. 37.220. In the Course of Committing Home Invasion. An act shall be deemed 'in the course of committing ' the offense if it occurs in an attempt to commit the offense, or flig ht after the attempt or commission. SOURCE: Added as § 37.202 by P.L.

sion. An act shall be deemed 'in the course of committing ' the offense if it occurs in an attempt to commit the offense, or flig ht after the attempt or commission. SOURCE: Added as § 37.202 by P.L. 32-047:2 (July 5, 2013), codified by the Copiler as § 37.220. 2014 NOTE: This provision was codified as § 37.220 to maintai n the Compiler’s general codification scheme in accordance with 1 GC A § 1606. § 37.230. Knowledge of Occupancy is Not a Defense. It is no defense that the defendant reasonably bel ieved that the dwelling was unoccupied, by a person who was not a participa nt in the crime, at the time the home invasion occurred. SOURCE: Added as § 37.203 by P.L. 32-047:2 (July 5, 2013), codified by the Compiler as § 37.230. 2013 NOTE: This provision was codified as § 37.230 to mainta in the Compiler’s general codification scheme in accordance with 1 GC A § 1606. § 37.240. Home Invasion Punished. (a) Home invasion is a first degree felony, and any person found guilty under this Section shall be sentenced to a term of imprisonment of which at least ten years may not be suspended or reduced by the court. COL103120149 GCA CRIMES AND CORRECTIONS CH.

rson found guilty under this Section shall be sentenced to a term of imprisonment of which at least ten years may not be suspended or reduced by the court. COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 7 (b) The sentence imposed for home invasion shall ru n consecutively to any sentence for other crimes committed in conjunct ion with the home invasion. SOURCE: Added as § 37.204 by P.L. 32-047:2 (July 5, 2013) , codified by the Compiler as § 37.240. 2014 NOTE: This provision was codified as § 37.240 to mainta in the Compiler’s general codification scheme in accordance with 1 GC A § 1606. ARTICLE 3 CARJACKING SOURCE: P.L. 32-116:1 (Feb. 10, 2014) added §§ 37.50-37.55 to 9 GCA, Chapter 37. Codified by the Compiler as Article 3, §§ 37.310-37.360, pursuant to authority granted by 1 GCA § 1606. § 37.310. Carjacking. § 37.320. Armed Carjacking. § 37.330. In the Courtse of Committing Carjacking o r Armed Carjacking. § 37.340. Knowledge of Occupancy is not a Defense. § 37.350. Carjacking Punished. § 37.360. Armed Carjacking Punished. § 37.310. Carjacking. A person is guilty of carjacking when such person c ommits a crime of burglary, as defined by this Chapter,

. § 37.350. Carjacking Punished. § 37.360. Armed Carjacking Punished. § 37.310. Carjacking. A person is guilty of carjacking when such person c ommits a crime of burglary, as defined by this Chapter, in a vehicle, while a person other than a participant in the crime is actually present in suc h vehicle, with intent to commit a crime therein, and, in the course of commi tting the offense: (a) acting either alone or with one or more persons , such person or another participant in the crime commits or attempt s to commit a violent crime against the person of another person other than a participant in the crime who is actually present in such vehicle; or (b) if any of the acts of a participant at any time during the burglary, or while attempting a burglary or while f leeing from a burglary/attempted burglary, directly or indirectly , cause the mental or emotional trauma, bodily injury, serious bodily inj ury or the death of an occupant of the vehicle who is not a participant in the burglary. SOURCE: Added as § 37.50 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.310. COL103120149 GCA CRIMES AND CORRECTIONS CH.

t of the vehicle who is not a participant in the burglary. SOURCE: Added as § 37.50 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.310. COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 8 2014 NOTE: This provision was codified as § 37.310 to mainta in the Compiler’s general codification scheme in accordance with 1 GC A § 1606. § 37.320. Armed Carjacking. Whoever commits the offense of carjacking while arm ed with, or having readily available, any pistol, or other fire arm or imitation thereof, or other dangerous or deadly weapon, including a firea rm, dirk, knife, switchblade, razor, blackjack, billy, or metallic o r other false knuckles, or any object capable of inflicting death or serious b odily injury, shall be guilty of armed carjacking. SOURCE: Added as § 37.51 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.320. 2014 NOTE: This provision was codified as § 37.320 to mainta in the Compiler’s general codification scheme in accordance with 1 GC A § 1606. § 37.330. In the Course of Committing Carjacking or Armed Carjacking.

This provision was codified as § 37.320 to mainta in the Compiler’s general codification scheme in accordance with 1 GC A § 1606. § 37.330. In the Course of Committing Carjacking or Armed Carjacking. An act shall be deemed 'in the course of committing ' the offense if it occurs in an attempt to commit the offense or fligh t after the attempt or commission. SOURCE: Added as § 37.52 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.330. 2014 NOTE: This provision was codified as § 37.330 to mainta in the Compiler’s general codification scheme in accordance with 1 GCA § 1606 . § 37.340. Knowledge of Occupancy is Not a Defense. It is no defense the defendant reasonably believed that the vehicle was unoccupied, by a person who was not a participant i n the crime, at the time the carjacking or armed carjacking occurred. SOURCE: Added as § 37.53 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.310. 2014 NOTE: This provision was codified as § 37.340 to mainta in the Compiler’s general codification scheme in accordance with 1 GCA § 1606 . § 37.350. Carjacking Punished.

y the Compiler as § 37.310. 2014 NOTE: This provision was codified as § 37.340 to mainta in the Compiler’s general codification scheme in accordance with 1 GCA § 1606 . § 37.350. Carjacking Punished. (a) Carjacking is a first degree felony and any per son found guilty under § 37.310 shall be sentenced to a term of impr isonment of which at least ten (10) years may not be suspended or reduce d by the court. COL103120149 GCA CRIMES AND CORRECTIONS CH. 37 BURGLARY AND HOME INVASION 9 (b) The sentence imposed for carjacking shall run c onsecutively to any sentence for other crimes committed in conjunction with the carjacking. SOURCE: Added as § 37.54 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.310. 2014 NOTE: This provision was codified as § 37.350 to mainta in the Compiler’s general codification scheme in accordance with 1 GC A § 1606. § 37.360. Armed Carjacking Punished. (a) Armed carjacking is a first degree felony and a ny person found guilty under § 37.320 shall be sentenced to a term of imprisonment of which at least fifteen (15) years may not be suspended or reduced by the court.

ng is a first degree felony and a ny person found guilty under § 37.320 shall be sentenced to a term of imprisonment of which at least fifteen (15) years may not be suspended or reduced by the court. (b) The sentence imposed for armed carjacking shall run consecutively to any sentence for other crimes committed in conju nction with the carjacking. SOURCE: Added as § 37.55 by P.L. 32-116:1 (Feb. 10, 2014), codified by the Compiler as § 37.310. 2014 NOTE: This provision was codified as § 37.360 to mainta in the Compiler’s general codification scheme in accordance with 1 GC A § 1606. ---------- COL10312014