Chapter 43

9 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 1 CHAPTER 43 THEFT AND RELATED OFFENSES Article 1. Definitions. Article 2. Retail Theft. Article 3. Anti-Skimming Act. ARTICLE 1 DEFINITIONS § 43.10. Definitions. § 43.15. Theft a Single Offense. § 43.20. Theft; Defined & Punishment Classified. § 43.21. Theft of Utilities. § 43.25. Defenses; Conditions Upon Same. § 43.30. Theft of Property; Defined. § 43.31. Crime Against the Community; Defined and Punishment. § 43.35. Theft by Deception; Defined. § 43.40. Theft by Threatening; Defined; Defense. § 43.45. Theft of Property Lost, Mislaid or Deliver ed by Mistake; Defined. § 43.50. Theft by Receiving Stolen Property; Define d. § 43.51. Theft of Utilities. § 43.55. Theft of Services; Defined. § 43.56. Unauthorized Reception of Cable Services. § 43.60. Theft of Property Held in Trust; Defined. § 43.65. Unauthorized Use of Vehicle: Defined; Puni shed; Defense. § 43.70. Reimbursement to Owner of Stolen Livestock . § 43.75. Theft of Dog or Cat, When a Felony of the Second Degree. COMMENT: §§ 43.10 through 43.65, as originally enacted, are based upon §§ 2900 through 2909 found in the California J oint Legislative Committee for

of Dog or Cat, When a Felony of the Second Degree. COMMENT: §§ 43.10 through 43.65, as originally enacted, are based upon §§ 2900 through 2909 found in the California J oint Legislative Committee for Revision of the Penal Code, Penal Cod e Revision Project 69-88 (tent. draft No. 3, July 1969). Portions of t he staff comments prepared in conjunction with the latter provisions are incorporated into these comments where appropriate. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 2 § 43.10. Definitions. As used in this Chapter, unless a different meaning plainly is required: (a) Deprive means: (1) to withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to re store only upon payment of reward or other compensation; or (2) to abandon the property under circumstances amounting to a reckless exposure to loss. (b) Movable Property means property the location of which can be changed, including things growing on, or affixed to, or found in land, and documents althoug h the rights represented thereby have no physical locatio n. Immovable Property is all other property.

be changed, including things growing on, or affixed to, or found in land, and documents althoug h the rights represented thereby have no physical locatio n. Immovable Property is all other property. (c) Obtain means: (1) in relation to property, to bring about a trans fer or purported transfer of legal interest in the prop erty, whether to the obtainer or another; or (2) in relation to labor or service, to secure performance thereof. (d) Property means anything of value, including real estate, tangible and intangible personal property, contract rights, choses in action and other interests in or claims to wealth, admission or transportation tickets, captur ed or domestic animals, food and drink, electric or other power, trade secrets, or agricultural product, which inclu des floriculture, horticulture, viticulture, aquacultur e, forestry products and commodities, shrubbery, nuts, coffee, seeds, or other farm or plantation products or commodities gr own by or raised by a bona fide farmer as defined by 5 GCA § 60354(f). (e) Property of Another includes property in which any person other than the defendant has an interest whi ch the defendant is not privileged to infringe, regardless

r as defined by 5 GCA § 60354(f). (e) Property of Another includes property in which any person other than the defendant has an interest whi ch the defendant is not privileged to infringe, regardless of the fact COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 3 that the defendant also has an interest in the prop erty and regardless of the fact that the other person might be precluded from civil recovery because the property was used i n an unlawful transaction or was subject to forfeiture a s contraband. Property in possession of the defendant shall not be deemed property of another who has only a securi ty interest therein, even if legal title is in the cre ditor pursuant to a conditional sales contract or other security a greement. (f) Trade Secret means the whole or any portion of phase of any scientific or technical information, d esign, process, procedure, formula or improvement which is secret and is not generally available to the public, and w hich gives one who uses it an advantage over actual or potenti al competitors who do not know of or use the trade sec ret, or the contents of private and unpublished records use d in the business of

hich gives one who uses it an advantage over actual or potenti al competitors who do not know of or use the trade sec ret, or the contents of private and unpublished records use d in the business of examining, certifying or insuring title s to real property. Proof that the owner takes measures to pr event information from becoming available to persons othe r than those selected by the owner to have access thereto for limited purposes gives rise to an inference that the inform ation is secret. SOURCE: G.P.C. §§ 7(10), (12), 491, 494-495, 510; M.P.C. 2 23.0; *Cal. § 2900 (T.D.3 1969); Cal. § 1000 (1971); Mass. ch. 266, § 1; N.J. 2C:20- 1. Subsection (d) amended by P.L. 36-010-2 (Apr. 9, 2021). CROSS-REFERENCES: § 34.60 - Criminal Mischief; § 46.55 - Secured Creditors; § 43.30 - Public Officials. COMMENT: Most of the definitions are substantially those of Model Code, § 223.0. Trade Secret is an amalgam of California Penal Code §§ 496c and 499c. ATrade Secret @ has been added to the list of property subject to theft. § 43.15. Theft a Single Offense. Conduct denominated theft in this Chapter constitut es a single offense.

de §§ 496c and 499c. ATrade Secret @ has been added to the list of property subject to theft. § 43.15. Theft a Single Offense. Conduct denominated theft in this Chapter constitut es a single offense. An accusation of theft may be suppo rted by evidence that it was committed in any manner that w ould be theft under this Chapter, notwithstanding the specificati on of a different manner in the accusatory pleading, subject only to the power of the court to ensure fair trial by granting a contin uance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice of by surprise. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 4 SOURCE: G.P.C. § 490a; M.P.C. § 223.1(1); *Cal. § 2901(1) (T.D.3 1969); Cal. § 1010 (1971); Mass. ch. 266, § 17(d); N.J. § 2C:20-2(a). COMMENT: Former Guam Penal Code § 490a effected only a substitution of the term Atheft @ for larceny, embezzlement, etc. The local courts have not completely consolidated the offense s and an indictment, or information, which charges one method of theft whic h was at variance with the proof could prove fatal to the case.

e local courts have not completely consolidated the offense s and an indictment, or information, which charges one method of theft whic h was at variance with the proof could prove fatal to the case. § 43.15 co rrects this deficiency in favor of the prosecution as specifically stating th at, where the accusation varies from the proof, the case is not to be dismis sed but is only to be delayed, or other relief granted, so that the defen dant is not prejudiced. This Section makes very clear that there is only on e offense of theft, no matter how it is committed. § 43.20. Theft; Defined & Punishment Classified. (a) Theft constitutes a felony of the second degree if the amount involved exceeds One Thousand Five Hundred D ollars ($1,500) or if the property stolen is a bus, truck, automobile, aircraft, motorcycle, or motor boat, or in the case of theft by receiving stolen property, if the defendant is in t he business of buying and selling stolen property. In the case of theft as a felony of the second degree, the court shall impose a sent ence of imprisonment of a minimum term of five (5) years an d may impose a maximum term of up to ten (10) years; the minimum term imposed shall not

of the second degree, the court shall impose a sent ence of imprisonment of a minimum term of five (5) years an d may impose a maximum term of up to ten (10) years; the minimum term imposed shall not be suspended nor may probati on be imposed in lieu of the minimum term nor shall parol e 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 imprisonment provided, however, that in the case of an offender not previo usly convicted of a felony or of an offense constituting theft, th e court may sentence the offender to not more than five (5) yea rs imprisonment and the provisions of this subsection prohibiting p robation, suspension, parole, or work release shall not be ap plicable to such offender. (b) Theft constitutes a felony of the third degree if the amount involved is less than One Thousand Five Hundred Dol lars ($1,500.00) but exceeds Five Hundred Dollars ($500. 00) or if the property stolen is a firearm or motorized vehicle o ther than those set forth in Subsection (a) of this Section, or if the theft is through an unauthorized electrical connection

($500. 00) or if the property stolen is a firearm or motorized vehicle o ther than those set forth in Subsection (a) of this Section, or if the theft is through an unauthorized electrical connection COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 5 (c) Theft not constituting a felony of the second o r third degree is a misdemeanor if the amount involved exce eds Fifty Dollars ($50) or if the property stolen is a credit card or if the property was taken from the person or by extortion. (d) Theft not constituting a felony of the second o r third degree or a misdemeanor is a petty misdemeanor. (e) The amount involved in a theft shall be the fai r market value of the property or services which the defenda nt stole or attempted to steal. Whether or not they have been i ssued or delivered, written instruments not having a readily ascertained market value shall be evaluated as follows: (1) The value of an instrument constituting an evid ence of a debt, such as a check, draft or promissory not e, shall be the amount due or collectible thereon or thereby, t hat figure ordinarily being the face amount of the indebtednes s less any portion thereof which has been

check, draft or promissory not e, shall be the amount due or collectible thereon or thereby, t hat figure ordinarily being the face amount of the indebtednes s less any portion thereof which has been satisfied. (2) The value of any other instrument that creates, releases, discharges or otherwise affects any valua ble legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the inst rument might reasonably suffer by virtue of the loss of th e instrument. (f) Amounts involved in thefts committed pursuant t o one scheme or course of conduct, whether from the same person or several persons or amount [sic] involved in thefts by a servant, agent or employee from his principal or employer in any period of twelve (12) consecutive months, may be aggregated i n determining the grade of the offense. SOURCE: Enacted 1977; repealed and reenacted by P.L. 14-14 3, eff. 10/01/78. Subsection (b) repealed by P.L. 24-31;3. COURT DECISIONS: D.C.GUAM:APP.DIV. 1983 It is permissible, in determining the value of items stolen, to use an ex pert in (this case) pipe dealings to determine the value of the pipe stolen based upon photographs and a

C.GUAM:APP.DIV. 1983 It is permissible, in determining the value of items stolen, to use an ex pert in (this case) pipe dealings to determine the value of the pipe stolen based upon photographs and a description of the stolen pipe given by anoth er witness. People v. Dela Cruz, D.C. Cr. #82-008A. § 43.21. Definition of Unauthorized Electrical Conn ections or Illegal Power Hook-Ups. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 6 An illegal power hook-up is any connection to power lines which belong to the government of Guam, that is mad e without the prior written permission of the Guam Power Auth ority, or any power hook-up from a direct power line which bypass es or hinders meter registration. The conditions include, but are not limited to: (a) External jumpers; (b) Bypass on meter; (c) Tap ahead of electric meter; (d) Inverted (electric) or reversed substitution me ter; (e) Manipulation of meter dials; (f) Foreign materials inside electric meter; (g) Open potential line; (h) Unmetered theft of service; (i) Metered theft of service; or (j) Any other unauthorized or illegal hook-up. SOURCE: Added by P.L. 24-31;2. § 43.25.

inside electric meter; (g) Open potential line; (h) Unmetered theft of service; (i) Metered theft of service; or (j) Any other unauthorized or illegal hook-up. SOURCE: Added by P.L. 24-31;2. § 43.25. Defenses; Conditions Upon Same. (a) It is an affirmative defense to prosecution for theft that the defendant: (1) was unaware that the property or service was th at of another; or (2) acted in good faith under a claim of right to t he property or service involved or that he had a claim of right to acquire or dispose of it as he did. (b) It is no defense that theft was from the defend ant's spouse, except that misappropriation of household and perso nal effects, or other property normally accessible to both spouses, is theft only if it occurs after the parties have ceased living toge ther. SOURCE: G.P.C. § 511; M.P.C. § 223.1(3), (4); *Cal. § 2901 (3), (4) (T.D.3 1969); Cal. § 1012 (1971); Mass. ch. 266, § 17(8); N.J. § 2C:20- 2(c), (d). CROSS-REFERENCES: California Joint Legislative Committee for Revision of the Penal Code, Penal Code Revision Pro ject 76-77 (tent. draft No. 3, July 1969). COL9/7/20219 GCA CRIMES AND CORRECTIONS CH.

CROSS-REFERENCES: California Joint Legislative Committee for Revision of the Penal Code, Penal Code Revision Pro ject 76-77 (tent. draft No. 3, July 1969). COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 7 COMMENT: § 43.25 substantially restates existing Guam law. T he provision of Guam Penal Code § 511 that the claim o f right defense is unavailable in embezzlement cases where the defenda nt had retained property Ato off-set or pay demands held against him, @ has not been retained. There is no similar restriction on the cl aim of right defense under present law if the defendant is charged with common -law larceny or theft by fault pretenses. Of course, as in common law, th e claim of right defense who would be available only where the defendant hon estly believes that he had the legal right to retain the property as a set -off. Thus, where a defendant took property of another and no right of set-off existed, even if the defendant may have been owed money by the other , no defense would arise under this Section. As with existing law, § 43.25 rejects the common-la w rule that unity between husband and wife precludes possibility of t heft from a spouse.

by the other , no defense would arise under this Section. As with existing law, § 43.25 rejects the common-la w rule that unity between husband and wife precludes possibility of t heft from a spouse. However, there is no theft of commonly owned proper ty unless the spouses are living apart. This provision will, it is hoped, substantially reduced the risk of theft prosecution following a family quarre l or domestic dispute. § 43.30. Theft of Property; Defined. (a) A person is guilty of theft if he unlawfully takes or obtains or exercises unlawful control over, movable propert y of another with intent to deprive him thereof. (b) A person is guilty of theft if he unlawfully tr ansfers immovable property of another or any interest there in with intent to deprive him thereof. SOURCE: G.P.C. §§ 74a, 484, 496, 496a, 499a, 503-510, 545, 653a; See also § 356 (Attempt; 384b); M.P.C. § 223.2; *Cal. § 2902 (T.D.3 1969); Cal. § 1002 (1971); Mass. ch. 266 § 17; N.J. 2C:20- 3. CROSS-REFERENCES: § 13.60 - Attempt; § 43.10, Comment. COMMENT: § 43.30 deals with the former offenses of larceny embezzlement and fraudulent conversion.

02 (1971); Mass. ch. 266 § 17; N.J. 2C:20- 3. CROSS-REFERENCES: § 13.60 - Attempt; § 43.10, Comment. COMMENT: § 43.30 deals with the former offenses of larceny embezzlement and fraudulent conversion. The concept of Aunlawful control @ in the case of movable property marks the distinct ion between attempt and the completed crime and provides a flex ible standard for the wide variety of takings constituting theft. The dis tinction between an attempt and the completed crime is not crucial sinc e the identical range of penalties are provided for attempt by § 13.60. In the case of immovable property, unauthorized occ upation of land is not made, but the transfer of an interest by a trus tee or other persons is theft if the transfer deprives the real owner of th e property, or an interest (such as creating an encumbrance) in ways that are beyond effective relief by civil remedies. § 43.31. Crime Against the Community; Defined and Punishment. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 8 (a) A person is guilty of a Crime Against the Commu nity if that person knowingly takes, obtains or exercises u nlawful control over government-owned, leased or borrowed

THEFT AND RELATED OFFENSES 8 (a) A person is guilty of a Crime Against the Commu nity if that person knowingly takes, obtains or exercises u nlawful control over government-owned, leased or borrowed property, or interferes with, obstructs, or takes action regardi ng government services in such a way that: (1) doing so creates a threat to the public health and safety; or (2) doing so results i n a deprivation of public services, such as utility services, the educ ation of public or private school students, or any government service intended to benefit the public; or (3) does so for a purpose ot her than the original purpose for which the property or services were to be provided. (b) A person is guilty of a Crime Against the Commu nity if that person knowingly destroys, defaces, alters, ta mpers with or damages government-owned, leased or borrowed proper ty. (c) A Crime Against the Community shall be alleged, in an information, complaint or indictment, as a Special Allegation which enhances punishment when the defendant is con victed of another offense. A Crime Against the Community sha ll be tried to a jury if the underlying crime is tried to a jur y.

Special Allegation which enhances punishment when the defendant is con victed of another offense. A Crime Against the Community sha ll be tried to a jury if the underlying crime is tried to a jur y. (d) A person convicted of a Crime Against the Commu nity shall be sentenced to: (1) Insofar as is practicable, make restitution to the victim of the crime, including the government of Gu am or the Federal government; (2) Insofar as is practicable, perform community se rvice intended to raise community awareness that a crime against the public interest has been committed and is being punished, including, but not limited to , repair, painting and cleaning of items which are stolen, damaged or defaced; or (3) Serve one (1) year of incarceration and pay an additional fine of up to Five Thousand Dollars ($5, 000.00) in addition to the sentence imposed for the underlying crime, if the underlying crime is a misdemeanor or felony. T he court may suspend said term of incarceration and impose a term of probation instead. SOURCE : Added by P.L. 28-39:2. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 9 § 43.35. Theft by Deception; Defined.

incarceration and impose a term of probation instead. SOURCE : Added by P.L. 28-39:2. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 9 § 43.35. Theft by Deception; Defined. (a) A person is guilty of theft if he intentionally obtains property of another by deception. A person deceives if he intentionally: (1) creates or reinforces a false impression, inclu ding false impressions as to law, value, intention or ot her state of mind; but deception as to a person's intention to p erform a promise shall not be inferred from the fact alone t hat he did not subsequently perform the promise; (2) prevents another from acquiring information whi ch would affect his judgment of a transaction; (3) fails to correct a false impression which the d eceiver previously created or reinforced, or which the dece iver knows to be influencing another to whom he stands i n a fiduciary or confidential relationship; or (4) fails to disclose a known lien, adverse claim o r other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the pro perty obtained, whether such impediment is or is not vali d, or is not a matter of official record.

mpediment to the enjoyment of property which he transfers or encumbers in consideration for the pro perty obtained, whether such impediment is or is not vali d, or is not a matter of official record. (b) The term deceive does not include falsity as to matters having no pecuniary significance, or puffing by sta tements unlikely to deceive typical members of the group ad dressed. SOURCE: See G.P.C. §§ 72, 156, 381, 382, 383, 483a, 484, 5 26, 530- 532a, 533-536, 538, 541, 549; M.P.C. § 223.3; *Cal. § 2903 (T.D.3 1969); Cal. § 1002 (1971); Mass. ch. 266, § 17; N.J. § 2C: 20-4. CROSS-REFERENCES: People v. Ashley, 42 Cal. 2d 246 (1954). COMMENT: This Section restates existing Guam and California law. § 43.40. Theft by Threatening; Defined; Defense. (a) A person is guilty of theft if he intentionally obtains property of another by threatening to: (1) inflict bodily injury on anyone or commit any o ther criminal offense; (2) accuse anyone of a criminal offense; COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 10 (3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his cred it or business repute; (4) take or withhold

CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 10 (3) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his cred it or business repute; (4) take or withhold action as an official, or caus e an official to take or withhold action; (5) bring about or continue a strike, boycott or ot her collective unofficial action, if the property is no t demanded or received for the benefit of the group in whose i nterest the defendant purports to act; (6) testify or provide information or withhold test imony or information with respect to another's legal clai m or defense; or (7) do any other act which would not substantially benefit the defendant but which is calculated to ha rm another person. (b) It is an affirmative defense to prosecution for extortion by threats to charge any person with a crime that the defendant honestly believed the threatened charge to be true and that the property obtained was honestly claimed as restituti on or indemnification for harm done in the circumstances to which such charge addressed. SOURCE: G.P.C. §§ 518-524; M.P.C. § 223.4; *Cal. § 2904 (T .D.3 1969); Cal. § 1018 (1971); Mass. ch. 266, § 17(a)(5 ); N.J. § 2C:20-5.

r harm done in the circumstances to which such charge addressed. SOURCE: G.P.C. §§ 518-524; M.P.C. § 223.4; *Cal. § 2904 (T .D.3 1969); Cal. § 1018 (1971); Mass. ch. 266, § 17(a)(5 ); N.J. § 2C:20-5. CROSS-REFERENCES: New York Penal Law § 115.15(2) - Rel. to Subsection (b); See Ch. 49 - Official Action by Pub lic Officers. COMMENT: § 43.40 makes minor changes in Guam extortion law. While the list of threats enumerated in this Section is l onger than the enumeration in the Guam Penal Code, § 519, most of the specific ally enumerated threats would clearly constitute extortion under existing C alifornia, and probably Guam, law. The one possible exception may be the th reat listed under Subsection (a)(6) since no similar provision appear ed in the Penal Code. No cases have appeared in California which deal wit h this precise threat. Additionally, all of the threats listed in this Sec tion may be threats to injure any person whereas the Guam Penal Code requi res threats to defame or accuse of crime be threats with reference to the victim, a relative or a member of the family. For unenumerated threats, the general principle stated in § 43.40 is that the threat be to do harm which does

e of crime be threats with reference to the victim, a relative or a member of the family. For unenumerated threats, the general principle stated in § 43.40 is that the threat be to do harm which does not benefit the defendant substantially, but which is calculated to do harm to another person. This would avoid some of the problems exper ienced by California courts under Penal Code § 519(1). This Section requ ires that any COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 11 unenumerated threats be a threat of Aunlawful @ harm. Some threats, such as the threat of a strike or boycott, are privilege d when they are not used by the defendant for the purpose of personal gain. Present California law is unclear whether the requirement of Aunlawful @ harm is merely tautological, or whether the defendant is privilege d to threaten and do harm he would be otherwise privileged to inflict, as a b asis for demand for money. Present § 43.40 clears up such doubt. § 43.45. Theft of Property Lost, Mislaid or Deliver ed by Mistake; Defined. A person who comes into control of property of anot her that he knows to have been lost, mislaid or delivered un der a mistake as to the

t of Property Lost, Mislaid or Deliver ed by Mistake; Defined. A person who comes into control of property of anot her that he knows to have been lost, mislaid or delivered un der a mistake as to the nature or amount of the property or the i dentity of the recipient is guilty of theft if, with intent to dep rive the owner thereof, he fails to take reasonable measures to re store the property to a person entitled to have it. SOURCE: G.P.C. § 45; See also §§ 355 (Attempt) and 545; M. P.C. § 223.5; *Cal. 2905 (T.D.3 1969); Cal. 1002(e) (1971) ; Mass. ch. 266, § 17(a)(4); N.J. § 2C:20-6. COMMENT: This provision, in addition to replacing Guam Penal § 45, reaches both lost and mislaid property, and require s actual knowledge that the property is lost or misplaced, and that the def endant has an intent to deprive the true owner. Thus, this Section would no t impose theft penalties on the merely negligent finder. In addition, this S ection reaches property delivered by mistake as to the nature or amount of the property -covering such situations as the defendant who has accepted a Ten Dollar ($10.00) bill in change, knowing that the person who gave it to him thought he was handing over a

re or amount of the property -covering such situations as the defendant who has accepted a Ten Dollar ($10.00) bill in change, knowing that the person who gave it to him thought he was handing over a One Dollar ($1.00) bill. (See Califo rnia Joint Legislative Committee for Revision of the Penal Code, Penal Cod e Revision Project No. 82, (tent. draft No. 3, July 1969). § 43.50. Theft by Receiving Stolen Property; Define d. (a) A person is guilty of theft if he intentionally receives, retains or disposes of movable property of another knowing that it has been stolen or believing that it has probably b een stolen. It is a defense to a charge of violating this Section tha t the defendant received, retained or disposed of the property with intent to restore it to the owner. (b) Where the defendant is in the business of buyin g, selling or otherwise dealing in property, proof that he obt ained stolen property without having made reasonable inquiry whe ther the person from whom he obtained it has the legal right to sell or deliver it, and that he obtained it under circumsta nces which COL9/7/20219 GCA CRIMES AND CORRECTIONS CH.

asonable inquiry whe ther the person from whom he obtained it has the legal right to sell or deliver it, and that he obtained it under circumsta nces which COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 12 should have caused him to make such inquiry, gives rise to an inference that he obtained it knowing that it has b een stolen or believing that it has been probably been stolen. (c) Any person or corporation which is in the busin ess of buying or selling gold, diamonds, coins, silver, or gems or jewelry shall retain for a minimum of one (1) year after th e last entry a log book of all purchases made from on-island sources, indicating the nature of the items bought, the name and address of the seller, the price paid, and the date of purchase. In addition, in the case of items purchased from a person not in the business o f selling gold, coins, diamonds, gems, silver, or jewelry, the purc haser shall either take a picture of the seller, or shall obtai n identification from the seller containing a picture. The above rec ords shall be made available to law enforcement officers upon req uest.

shall either take a picture of the seller, or shall obtai n identification from the seller containing a picture. The above rec ords shall be made available to law enforcement officers upon req uest. (d) Any person or corporation which is in the busin ess of buying or selling gold, diamonds, coins, silver, or gems or jewelry shall retain all items purchased on Guam from perso ns not business licensed for the purpose of buying or sell ing gold, diamonds, coins, silver, gems or jewelry for a peri od of seven (7) days before selling, melting, destroying, or otherw ise disposing of such items purchased on Guam. (e) It shall be unlawful for any person to knowingl y purchase gold, diamonds, jewelry, silver, gems or coins from any person under the age of eighteen (18) years, provided that nothing herein shall be construed as prohibiting the parent or gua rdian of a minor child from selling gold, diamonds, jewelry, coins o r gems belonging to a minor child, on behalf of said child . (f) Any person, corporation or entity who, as a su bstantial part of a business, buys and sells used items, incl uding copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include

person, corporation or entity who, as a su bstantial part of a business, buys and sells used items, incl uding copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include recyclable aluminum cans and incl uding any contractor who buys copper wire, bronze, brass, alu minum and other non ferrous metals, but shall not include rec yclable aluminum cans, in the course of conducting his or h er business, shall retain, for a minimum of one (1) year form au thorized by the Chief of Police of all purchases of copper wire, br onze, brass, aluminum and other non ferrous metals, but shall no t include recyclable aluminum cans from on-island sources, in dicating the COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 13 nature and a reasonable estimate of the size, shape , weight, and length of the items bought, the name, signature an d address of the seller, the price paid, and the date of purchase, t elephone number, and shall obtain and maintain a copy of each seller ’s identification documents, including, but not limited to, a governm ent driver’s license, government identification card or passport , and a copy of the registration

maintain a copy of each seller ’s identification documents, including, but not limited to, a governm ent driver’s license, government identification card or passport , and a copy of the registration certificate of the vehicles used t o transport the copper wire, bronze, brass, aluminum and other non ferrous metals but shall not include recyclable aluminum ca ns, the name of the employee representing the scrap metal busine ss in the transaction. The above records shall be made avail able to law enforcement officers upon request. Copies of all c ompleted forms or paper of information required by this Section, i mmediately upon purchase of the copper wire, bronze, brass, al uminum and other non ferrous metals, but shall not include rec yclable aluminum cans, shall be immediately transmitted via email or by facsimile transmittal to the Guam Police Department . (g) Any person, corporation or entity who, as a su bstantial part of a business, buys and sells used items, incl uding copper wire, bronze, brass, aluminum and other non ferrous metals but shall not include recyclable aluminum cans, and inc luding any contractor who buys copper wire, bronze, brass, alu minum and other non

r wire, bronze, brass, aluminum and other non ferrous metals but shall not include recyclable aluminum cans, and inc luding any contractor who buys copper wire, bronze, brass, alu minum and other non ferrous metals, but shall not include rec yclable aluminum cans, in the course of conducting his or h er business, who purchases said items from persons who do not ha ve a business license for buying or selling copper wire, bronze, brass, aluminum and other non ferrous metals, but shall no t include recyclable aluminum cans, shall keep such items for a period of seven (7) days before altering, selling, melting, d estroying, or otherwise disposing of said items purchased on Guam . (h) Any knowing violation of Subsections (c), (d) o r (e) of § 43.50 of Chapter 43 of Title 9 GCA shall be a misde meanor upon the first conviction of any such violation, and sha ll be a felony of the third degree for any subsequent offense. Any vi olation of Subsections (f) or (g) shall be a felony of the thi rd degree. A third conviction of any such violation shall require revo cation of the offender’’s business license. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH.

(f) or (g) shall be a felony of the thi rd degree. A third conviction of any such violation shall require revo cation of the offender’’s business license. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 14 (i) Any violation of subsections (f) or (g), shall be punishable by a term of one (1) to five (5) years i n prison, a fine of Ten Thousand Dollars ($10,000) to Twenty-five Th ousand Dollars ($25,000) and restitution per incident. Th e amount of restitution shall include the replacement cost of the item, the cost of repairs for damages caused by the theft and the cost associated with the loss of use of the item. SOURCE: (Subsections (a) and (b)): G.P.C. § 496; M.P.C. § 223.6; *Cal. § 2906 (T.D.3 1969); Cal. § 1002(f) (1971); Mass. c h. 266, § 21; N.J. § 2C:20-7. (Subsections (c), (d), (e) and (f)): Added by P.L. 17-41:1, 2, 3 and 4. Subsection (f) amended and subsections (g) a nd (h) added by P.L. 28-018:2. Subsection (f) and (g) amended by P.L. 2 9-072:1 (May 7, 2008). Subsection (i) added by P.L. 29-072:2 (May 7, 2008) . COMMENT: (To Subsections (a) and (b)) § 43.50 differs from G uam Penal Code, § 496, which requires knowledge that th e property had

May 7, 2008). Subsection (i) added by P.L. 29-072:2 (May 7, 2008) . COMMENT: (To Subsections (a) and (b)) § 43.50 differs from G uam Penal Code, § 496, which requires knowledge that th e property had been stolen for conviction of receiving stolen property. In contrast, this Section adopts a less demanding standard which adds a belie f Athat it has probably been stolen. @ With reference to either, this Section raises an i nference of the requisite knowledge when the dealer has been sh own negligent in not ascertaining if the seller had actual title to the goods. Such an inference would be raised, for example, when a dealer bought from a seller large quantities of expensive telephone cable knowing ful ly well that there are only one (1) or two (2) legitimate owners of that i tem in Guam, neither of which was the seller. Nevertheless, § 43.50, by creating an Ainference @ only, allows the dealer to attempt to convince the jury that he did not subjectively believe that the property had probably been stolen, even th ough he failed to make inquiry as to the seller's right to sell. § 43.50(a) contains a special affirmative defense t hat the defendant has received the property within

d probably been stolen, even th ough he failed to make inquiry as to the seller's right to sell. § 43.50(a) contains a special affirmative defense t hat the defendant has received the property within intent to restore it to the owner. It is desirable to have a special provision for such case s as where as an insurance company pays a reward for the return of s tolen property with no questions asked. (California Joint Legislative Comm ittee for Revision of the Penal Code, Penal Code Revision Project No. 82- 83 (tent. draft No. 3, July 1969). § 43.51. Theft of Utilities. (a) A person is guilty of theft if he knowingly tampers with, alters or by-passes meters for the purpose of obtai ning electrical power, gas or water without paying compensation to the entity providing such services. A person commits theft if he knowingly diverts telephone service, electrical power, gas or water to his own COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 15 benefit or to the benefit of another not entitled t hereto with the intent to avoid payment to the entity providing suc h service. (b) Unauthorized Electrical Connections; Bypass or Obstruction of Meter.

fit or to the benefit of another not entitled t hereto with the intent to avoid payment to the entity providing suc h service. (b) Unauthorized Electrical Connections; Bypass or Obstruction of Meter. Every user, contractor or bus iness who shall unlawfully and knowingly injure, alter, or procure to be injured, make or cause to be made any connection in any mann er whatsoever with any electric wire or electric appli ance of any character whatsoever operated by any user, users, c orporations or government entities authorized to generate, transmi t and sell electric current, or who shall so willfully and kno wingly with intent to injure or defraud, use or cause to be use d any such connection in such manner as to supply any electric current for heat or light or power to any electric lamp, appara tus or device, by, or at which electric current is consumed or oth erwise used or wasted, without passing through a meter for the mea suring and registering of the quantity passing through such el ectric wire or apparatus, or who shall, knowingly or with like int ent injure, alter or procure to be injured or altered any electric me ter, or obstruct its working, or procure the same to be

uch el ectric wire or apparatus, or who shall, knowingly or with like int ent injure, alter or procure to be injured or altered any electric me ter, or obstruct its working, or procure the same to be tampered wit h or injured, or use or cause to be used any electric meter, or a ppliance so tampered with or injured, shall be deemed guilty of a theft constituting a felony in the third degree, and shal l be subject to any and all fines, penalties and terms of imprisonm ent applicable by law, as well as any and all fines payable to the Guam Power Authority. SOURCE: Enacted by P.L. 15-122:1 (4/22/80). Repealed and r eenacted and added a new subsection (b) by P.L. 24-31;4. Sub section (b) repealed and reenacted by P.L. 24-126:2. § 43.55. Theft of Services; Defined. (a) A person is guilty of theft if he intentionally obtains services which he knows are available only for comp ensation, by deception or threat, or by false token or other mea ns to avoid payment for the service. Services include labor, pr ofessional service, transportation, telephone or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, use of vehicles or other movable prope

de labor, pr ofessional service, transportation, telephone or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, use of vehicles or other movable prope rty. Where compensation for services is ordinarily paid immedi ately upon the rendering of such service, as in the case of hotels and restaurants, absconding without payment or offer to pay gives ri se to an COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 16 inference that the service was obtained by deceptio n as to intention to pay. (b) A person commits theft if, having control over the disposition of services of others, to which he is n ot entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto. SOURCE: G.P.C. §§ 42, 499, 499(a), 591, 625; M.P.C. § 223. 7; *Cal. § 2907 (T.D.3 1969); Cal. 1002(g) 1971; Mass. ch. 266 , § 17(a); N.J. § 2C:20-8. CROSS-REFERENCES: Hawaii PC, §§ 708-800(18); §§ 708-831(b); §§ 708-832(b); §§ 708-832(a); Cal. P.C. § 537. § 43.56. Unauthorized Reception of Cable Service. (a) Unauthorized Interception or Receipt or Assista nce in Intercepting or Receiving Service; Definition

708-832(b); §§ 708-832(a); Cal. P.C. § 537. § 43.56. Unauthorized Reception of Cable Service. (a) Unauthorized Interception or Receipt or Assista nce in Intercepting or Receiving Service; Definition of >Assist in Intercepting or Receiving.’ (1) No person shall intercept or receive or assist in intercepting or receiving any communications servic e offered over a cable system, unless specifically au thorized to do so by a cable operator or as may otherwise be sp ecifically authorized by law. (2) For the purpose of this Section, the term >assist in intercepting or receiving’ shall include the manufa cture or distribution of equipment intended by the manufactu rer or distributor (as the case may be) for unauthorized r eception of any communications service offered over a cable sys tem in violation of Subparagraph (1). (b) Penalties for Willful Violation. (1) Any person who willfully violates Subsection ( a)(1) shall be guilty of a misdemeanor and shall be punis hed by a fine of not more than One Thousand Dollars ($1,000. 00) or imprisoned for not more than one (1) year, or both, for the first such offense and shall be guilty of a felony of the third degree and shall be punished by a

than One Thousand Dollars ($1,000. 00) or imprisoned for not more than one (1) year, or both, for the first such offense and shall be guilty of a felony of the third degree and shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or imprisoned for not mor e than three (3) years, or both, for any subsequent offens e. (2) Any person who violates Subsection (a)(1) willf ully and for purposes of commercial advantage or private COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 17 financial gain shall be guilty of a felony of the t hird degree and shall be punished by a fine of not more than Th ree Thousand Dollars ($3,000.00) or imprisoned for not more than three (3) years, or both, for the first such o ffense and shall be guilty of a felony of the second degree an d shall be punished by a fine of not more than Five Thousand D ollars ($5,000.00) or imprisoned for not more than five (5 ) years, or both, for any subsequent offense. (3) For purposes of all penalties and remedies established for violations of Subsection (a)(1), th e prohibited activity established herein, as it applies to each such device, shall be deemed a separate

For purposes of all penalties and remedies established for violations of Subsection (a)(1), th e prohibited activity established herein, as it applies to each such device, shall be deemed a separate violation. SOURCE: Added by P.L. 27-131:3 as section 43.55. However, section 43.55 was already occupied. Thus, this newly added section was renumbered by the Compiler as 43.56. § 43.60. Theft of Property Held in Trust; Defined. A person who in the course of business obtains prop erty upon agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether fro m such property or its proceeds or from his own property t o be reserved in equivalent amount, is guilty of theft if he inte ntionally deals with the property as his own and fails to make the required disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belon ging to the victim at the time of the defendant's failure to ma ke the required payment or disposition. SOURCE: G.P.C. §§ 506-508, 561a, 653a; M.P.C. § 223.8; *Ca l. § 2908 (T.D.3 1969); Cal. § 1002(i) (1971); N.J. § 2C:20-9 .

ime of the defendant's failure to ma ke the required payment or disposition. SOURCE: G.P.C. §§ 506-508, 561a, 653a; M.P.C. § 223.8; *Ca l. § 2908 (T.D.3 1969); Cal. § 1002(i) (1971); N.J. § 2C:20-9 . CROSS-REFERENCES: GC § 46015(2), Wage and Hour Law; GC § 46034, -Failure to pay wages. CROSS-REFERENCES: § 43.60 is a single, generalized section which provides criminal liability for the misappropriatio n of funds even though those funds in a sense Abelong @ to the defendant. This Section applies both where the defendant receives funds earmarked for a particular purpose and where the defendant misappropriated funds Afrom his own property to be reserved in an equivalent amount. @ This latter provision, for example, would apply whe re an employer has an arrangement with his employees pursuant to w hich he withholds part of their pay on the understanding that the mon ey withheld will be used to pay certain obligations of the employee to third persons. If the employer COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 18 fails to pay and uses the funds for his own purpose s he is subject to liability under this Section. § 43.65.

the employer COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 18 fails to pay and uses the funds for his own purpose s he is subject to liability under this Section. § 43.65. Unauthorized Use of Vehicle: Defined; Puni shed; Defense. (a) A person commits a misdemeanor if he operates a n automobile, aircraft, motorcycle, motorboat or othe r motor- propelled vehicle or vessel, or sailboat, without c onsent of the owner or other person authorized to give consent. (b) It is an affirmative defense to prosecution und er this Section that the defendant reasonably believed that the owner or other person authorized to give consent would have consented to the operation had he known of it. SOURCE: G.P.C. § 499b, 499c; M.P.C. § 223.9; *Cal. § 2909 (T.D.3 1969); Cal. § 1020 (1971); Mass. ch. 266, § 22; N.J . 2C:20-10. CROSS-REFERENCES: 16 GCA § 3111 - as grounds for suspension or revocation of license. GC § 23403, Vehicle Code - T aking of a vehicle permanently or temporarily - a felony, repealed. COURT DECISIONS: ?It is clear from the evidence that even if this minor did not actually operate the vehicle, yet the re was concert of plan and action proved and established

ly - a felony, repealed. COURT DECISIONS: ?It is clear from the evidence that even if this minor did not actually operate the vehicle, yet the re was concert of plan and action proved and established beyond a reasonab le doubt. Actual driving by this minor is not necessary, both otherw ise having planned and joined in the action, and this minor clearly knew t hat he was aiding and assisting in the unlawful operation of a vehicle. [ See 9 GCA § 4.60] @ People in the interest of Steven Santos, a minor, J.D. Case No. 2-81. For similar finding see People in the interest of Steven Jesse Santos, a mi nor, J.D. Case No. 17-81. SUPER.CT. 1982 Where facts show that two youths ass isted each other in Ahot-wiring @ a vehicle, then one youth was the driver and one a passenger, the youth who was the passenger was equa lly guilty of violating § 43.65(a) as was the youth who actually drove the vehicle. People in the Interest of C.S.I., JD#50-82. COMMENT: § 43.65 deals with simple joyriding. If the defenda nt intends to Adeprive @ the owner of the vehicle, as the term is defined i n § 43.10, i.e., permanently or for an extended period of time so as to cause the owner to lose a major portion of

defenda nt intends to Adeprive @ the owner of the vehicle, as the term is defined i n § 43.10, i.e., permanently or for an extended period of time so as to cause the owner to lose a major portion of its value, the defendant wo uld be subject to ordinary theft penalty. This provision will be a lesser incl uded offense within the charge of theft. § 43.70. Reimbursement to Owner of Stolen Livestock or Agricultural Products. In any case where there is a conviction under the p rovisions of Chapter 43 of this Code and the property stolen by the COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 19 defendant was livestock or agricultural product, as that term is used in § 43.10(d) of this Article, in addition to a fine or imprisonment imposed, the court shall direct that t he defendant pay to the owner of the stolen livestock its fair m arket value, or to the owner of the stolen agricultural product the pr oduction costs and fair market value as determined by the court up on consultation with the Department of Agriculture. Failure to make such payments shall be deemed a failure to pay a fine an d punished accordingly, which may include, but shall not be li mited

rt up on consultation with the Department of Agriculture. Failure to make such payments shall be deemed a failure to pay a fine an d punished accordingly, which may include, but shall not be li mited to, the confiscation of a defendant’s personal property suc h as the vehicle, or vehicles, or any equipment used in the theft. If a defendant is found unable to pay due to financial h ardship, the court may require, but not be limited to: the aucti oning of all personal property confiscated in accordance with th is Section, or the performing of Alternative Community Service hou rs credited against the fine, or reimbursement imposed, or both , pursuant to Article 6 of Chapter 80, Title 9, Guam Code Annotat ed. SOURCE: P.L. 13-204, 13th Guam Legislature. Amended by P.L . 36- 010:1 (Apr. 9, 2021). CROSS-REFERENCES: § 80.56 - Failure to pay fine; § 80.52 (c) - Superseded for purposes of this Section only - Rest itution in place of fine. COMMENT: The Legislature, by P.L. 13-204, determined that ca ttle stealing had such a serious impact upon the farmers whose cows were stolen that restitution should be the paramount con cern.

f fine. COMMENT: The Legislature, by P.L. 13-204, determined that ca ttle stealing had such a serious impact upon the farmers whose cows were stolen that restitution should be the paramount con cern. An identical Section, § 490.1, was added to the Guam Penal Code to be effective on December 17, 1976. § 43.75. Theft of Dog or Cat, When a Felony of the Second Degree. It shall be theft punishable as a felony of the sec ond degree, for any person: (a) To steal any dog or cat for the purpose of or w ith the intent of holding the same for ransom or a reward f or the return thereof; or (b) To demand payment of a reward, ransom, or any thing of value for the return to the rightful owner of any dog or cat which is stolen, lost or strayed; or COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 20 (c) To refuse to return of a dog or a cat which is stolen, lost or strayed to the rightful owner except upon p ayment of a reward or ransom; or (d) To steal any dog or cat for the purposes of kil ling or maiming the same; or (e) To steal any dog for purpose of, or with intent of using the dog for any dog fight or fight with any o ther animals which could result in injury to

he purposes of kil ling or maiming the same; or (e) To steal any dog for purpose of, or with intent of using the dog for any dog fight or fight with any o ther animals which could result in injury to the dog. SOURCE: Added by P.L. 23-54:1. ---------- COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 21 ARTICLE 2 RETAIL THEFT § 43.80. General Definitions. § 43.81. Conceal Defined. § 43.82. Full Retail Value Defined. § 42.83. Merchandise Defined. § 43.84. Merchant Defined. § 43.85. Minor Defined. § 43.86. Person Defined. § 43.87. Peace Officer Defined. § 43.88. Premises of a Retail Mercantile Establishm ent Defined. § 43.89. Shopping Cart Defined. § 43.90. Under-Ring Defined. § 43.91. Retail Theft; Defined. § 43.92. Presumptions. § 43.93. Detention. § 43.94. Affirmative Defense. § 43.94.1. Severability. § 43.95. Unlawful Use of Theft Detection Shielding or Deactivation Devices. § 43.80. General Definitions. For the purposes of this Article, the words and phr ases defined in §§ 43.82 through 43.92 have the meanings ascribed to them in those sections unless a contrary meaning is clear from the context. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.81.

ds and phr ases defined in §§ 43.82 through 43.92 have the meanings ascribed to them in those sections unless a contrary meaning is clear from the context. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.81. Conceal Defined. To conceal merchandise means that although there may be some notice of its presence, that merchandise is no t visible through ordinary observation. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.82. Full Retail Value Defined. Full Retail Value means the merchant’s stated or advertised price of the merchandise. SOURCE: P.L. 15-116, eff. 3/28/80. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 22 § 43.83. Merchandise Defined. Merchandise means any item of tangible personal property. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.84. Merchant Defined. Merchant means an owner or operator of any retail mercantile establishment or any agent, employee, le ssee, consignee, officer, director, franchise or independ ent contractor of such owner or operator. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.85. Minor Defined. Minor means a person who is less than eighteen (18) years of age, is unemancipated and resides with his parents or legal guardian. SOURCE: P.L.

RCE: P.L. 15-116, eff. 3/28/80. § 43.85. Minor Defined. Minor means a person who is less than eighteen (18) years of age, is unemancipated and resides with his parents or legal guardian. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.86. Person Defined. Person means any natural person or individual. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.87. Peace Officer Defined. Peace Officer has the meaning ascribed to that term in § 5.55 of the Criminal Procedure Code. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.88. Premises of a Retail Mercantile Establishm ent Defined. Premises of a Retail Mercantile Establishment includes, but is not limited to, the retail mercantile establishm ent; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail m ercantile establishment. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.89. Shopping Cart Defined. Shopping Cart means those push carts of the type or types which are commonly provided by grocery stores, drug stores or COL9/7/20219 GCA CRIMES AND CORRECTIONS CH.

80. § 43.89. Shopping Cart Defined. Shopping Cart means those push carts of the type or types which are commonly provided by grocery stores, drug stores or COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 23 other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.90. Under-Ring Defined. Under-Ring means to cause the cash register or other sales recording device to reflect less than the full reta il value of the merchandise. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.91. Retail Theft; Defined. A person is guilty of theft if he knowingly: (a) takes possession of, carries away, transfers or causes to be carried away or transferred, any merch andise displayed, held, stored or offered for sale in a re tail mercantile establishment with the intention of reta ining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of su ch merchandise without paying the full retail value of such merchandise; (b) alters, transfers or removes any label, price t

depriving the merchant permanently of the possession, use or benefit of su ch merchandise without paying the full retail value of such merchandise; (b) alters, transfers or removes any label, price t ag, marking, indicia of value or any other markings whi ch aid in determining value affixed to any merchandise displa yed, held, stored or offered for sale in a retail mercan tile establishment with the intention of depriving the m erchant of the full retail value of such value of merchandise; (c) transfers any merchandise displayed, held, stor ed or offered for sale in a retail mercantile establishme nt from the container in or on which such merchandise is displa yed to any other container with the intention of depriving the merchant of the full retail value of such merchandi se; (d) under-rings with the intention of depriving the merchant of the full retail value of the merchandis e; or (e) removes a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of such removal. SOURCE: P.L. 15-116, eff. 3/28/80. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 24 § 43.92. Presumptions.

t the consent of the merchant given at the time of such removal. SOURCE: P.L. 15-116, eff. 3/28/80. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 24 § 43.92. Presumptions. If any person: (a) conceals upon his person or among his belonging s, unpurchased merchandise displayed, held, stored or offered for sale in a retail mercantile establishment; and (b) removes that merchandise beyond the last stati on for receiving payments for that merchandise in that ret ail mercantile establishment, such person shall be pres umed to have possessed, carried away or transferred such merchandise with the intention of retaining it or w ith the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise with out paying the full retail value of such merchandise. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.93. Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such p erson, on the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes: (a) to request identification; (b) to verify

on the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes: (a) to request identification; (b) to verify such identification; (c) to make reasonable oral inquiry as to whether s uch person has in his possession unpurchased merchandis e and, to make reasonable investigation of the ownership o f such merchandise; (d) to inform a peace officer of the detention of t he person and surrender custody of that person to a pe ace officer; or (e) in the case of a minor, to immediately inform a peace officer and the parents or guardian or other privat e person interested in the welfare of that minor of this det ention and to surrender custody of such minor to such person. SOURCE: P.L. 15-116, eff. 3/28/80. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 25 § 43.94. Affirmative Defense. A detention, as permitted in this Article, does not constitute an arrest or unlawful restraint, as defined in § 22 .35 of this Code, nor shall it render the merchant liable to the pers on so detained unless said detention is done unreasonably or witho ut proper cause or justification.

estraint, as defined in § 22 .35 of this Code, nor shall it render the merchant liable to the pers on so detained unless said detention is done unreasonably or witho ut proper cause or justification. SOURCE: P.L. 15-116, eff. 3/28/80. § 43.94.1. Severability. If any part of this Article is declared invalid by a court, then the remainder of this Article shall still be in eff ect. SOURCE: Added as § 43.95 by P.L. 15-116, eff. 3/28/80. Re numbered by Compiler in accordance with P.L. 29-064:2 (Apr. 4, 2008). § 43.95. Unlawful Use of Theft Detection Shielding or Deactivation Devices. This Section defines and penalizes the distribution or possession of a detection shielding device or any tool or device designed to remove a theft detection device from me rchandise prior to purchase for the intent to commit ( or aid or abet) theft. A person who activates an anti-shoplifting device may be lawfully detained in a reasonable manner for a reasonable pe riod of time. (a) A person is guilty of unlawful distribution of a theft detection shielding device when he knowingly manufactures, sells, offers for sale or distributes in any way any laminated or coated bag intended to shield merchandise from

ful distribution of a theft detection shielding device when he knowingly manufactures, sells, offers for sale or distributes in any way any laminated or coated bag intended to shield merchandise from detection by an electronic or magnetic theft detector. (b) A person is guilty of unlawful possession of a theft detection shielding device when he knowingly posses ses any laminated or coated bag or device intended to shield merchandise from detection by an electronic or magnetic theft detector, with the intent to commit ( or aid or abet) theft. (c) A person is guilty of unlawful possession of a theft detection device deactivator or remover when he knowingly possesses any tool or device designed to allow or capable of allowing the deactivation or removal from any merchandise of any theft detection device with the intent to us e such tool or device to deactivate any theft detection device on , or to COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 26 remove any theft detection device from, any merchan dise without the permission of the merchant or person owning or lawfully holding said merchandise.

CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 26 remove any theft detection device from, any merchan dise without the permission of the merchant or person owning or lawfully holding said merchandise. (d) A person is guilty of unlawful distribution of a theft detection device deactivator or remover when he knowingly manufacturers, sells, offers for sale or distributes in any way any tool or device designed to allow, or capable of allowing the deactivation or removal from any merchandise of any theft detection device without the permission of th e merchant or person owning or lawfully holding said merchandise. (e) A person is guilty of unlawful deactivation or removal of a theft detection device when he intenti onally deactivates in a retail establishment a theft detec tion device on, or removes a theft detection device from, merchandise prior to purchase. (f) Any person convicted for violating the provisio ns of Subsections (a), (b), (c), (d) or (e) of this Section where the value of the merchandise is less than Five Hundred Dollars ($500) is guilty of a petty misdemeanor. Any person convicted for violating the provisions of Subsectio ns (a), (b), (c), (d) or (e) of this Section

the merchandise is less than Five Hundred Dollars ($500) is guilty of a petty misdemeanor. Any person convicted for violating the provisions of Subsectio ns (a), (b), (c), (d) or (e) of this Section where the value of the merchandise is more than Five Hundred Dollars ($500) is guilty of a misdemeanor. (g) The activation of an anti-shoplifting or inventory control device as a result of a person exiting the establishment or a protected security device within the area within the establishment shall constitute reasonable cause for the detention of the person so exiting by the o wner or operator of the establishment or by an agent or employee of the owner or operator, provided notice has been posted to advise the patrons that the establishment utilizes anti- shoplifting or inventory control devices. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation o f the device or for the recovery of goods. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 27 (h) Such taking into custody and detention by a law enforcement officer, security officer,

e or for the recovery of goods. COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 27 (h) Such taking into custody and detention by a law enforcement officer, security officer, merchant, me rchant's employee or agent, if done in compliance with all the requirements of the foregoing Subsection, shall not render such law enforcement officer, security officer, mer chant, merchant's employee or agent, criminally or civilly liable, including any liability for false arrest, false imp risonment, unlawful detention, malicious prosecution, intentio nal infliction of emotional distress or defamation. SOURCE: Added by P.L. 29-064:1 (Apr. 4, 2008). The severab ility clause that formerly occupied this section was renumbered § 43.94.1 per P.L. 29- 064:2. ---------- ARTICLE 3 ANTI -SKIMMING ACT SOURCE: This Article was added by P.L. 29-142:1 (Jan. 30, 2 009), as §§ 43300-43303. Renumbered by Compiler to harmoniousl y fit this Chapter. § 43.96. Purpose. § 43.97. Short Title. § 43.98. Definitions. § 43.99. Penalties. § 43.96. Purpose. This Article criminalizes the use of a scanning dev ice or re- encoder to capture encoded information from a magne tic strip from a credit,

§ 43.98. Definitions. § 43.99. Penalties. § 43.96. Purpose. This Article criminalizes the use of a scanning dev ice or re- encoder to capture encoded information from a magne tic strip from a credit, debit, or other payment card and then places it on a different credit, debit, or other payment card with the intent to defraud. § 43.97. Short Title. This Article shall be cited as the 'Anti-Skimming Act.' § 43.98. Definitions. As used in this Article: COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 28 (a) Scanning device means a scanner, reader or any other electronic device that is used to access, rea d, scan, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. (b) Re-encoder means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. (c) Payment card means a credit card, charge card, debit card, hotel key card, stored value card or any other card that is issued to an authorized card user and that allows the user to obtain, purchase or receive goods, services, money or

harge card, debit card, hotel key card, stored value card or any other card that is issued to an authorized card user and that allows the user to obtain, purchase or receive goods, services, money or anything else of value from a merchant. (d) Merchant is defined as an owner or operator of any retail mercantile establishment, or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator. A merchant means a person who receives from an authorized user of a pa yment card or someone the person believes to be an authorized us er, a payment card or information from a payment card or what the person believes to be a payment card or information from a payment card as the instrument for obtaining, pur chasing or receiving goods, services, money or anything else of value from the person. (e) Authorized card user means any person with the empowerment, permission or competence to act in the usage of any payment card to include, but not be limited to , a credit card, debit card, hotel key card, stored value card or any other card that allows the user to obtain, purchase or receive goods, services, money or anything else of value

not be limited to , a credit card, debit card, hotel key card, stored value card or any other card that allows the user to obtain, purchase or receive goods, services, money or anything else of value from a merchant. § 43.99. Penalties. (a) It is a felony of the third degree felony for a person to use: (1) A scanning device to access, read, obtain, memorize or store, temporarily or permanently, information COL9/7/20219 GCA CRIMES AND CORRECTIONS CH. 43 THEFT AND RELATED OFFENSES 29 encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of th e payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card or a merchant. (2) A re-encoder to place information encoded on t he magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the info rmation is being re-encoded and with the intent to defraud the authorized user, the issuer of the authorized user' s payment card or a merchant.

of the authorized user of the card from which the info rmation is being re-encoded and with the intent to defraud the authorized user, the issuer of the authorized user' s payment card or a merchant. (b) Any person who violates subparagraph (a)(1) or (2) a second or subsequent time commits a second degree felony. ---------- COL9/7/2021