Chapter 55

9 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVERNMENT OPERATIONS AND LAW ENFORCEMENT CHAPTER 55 INTERFERENCE WITH GOVERNMENT OPERATIONS AND LAW ENFORCEMENT § 55.10. Tampering with Public Records; Defined & P unished. § 55.15. Hindering Apprehension or Prosecution; Def ined & Punished. § 55.20. False Alarms; Defined & Punished. § 55.25. Making False Reports; Defined & Punished. § 55.30. Impersonating a Public Officer; Defined & Punished. § 55.35. Resisting Arrest of Self or Other; Defined & Punished. § 55.40. Disarming of a Peace Officer; Defined & Pu nished. § 55.45. Obstructing Governmental Functions; Define d & Punished. § 55.50. Damaging, Stealing or Receiving Stolen Gov ernment Generators, Telephones, or Emergency or Utility Equipment. § 55.51. Receiving Stolen Government Generators, Te lephones or Emergency Utility Equipment. § 55.60. Public Water, Unlawful Use During Period o f Emergency. § 55.65. Failure to File a Complete Partial-Birth A bortion and Abortion Report. COMMENT: (1993): Chapter 55 contains different crimes all of which relate to the obstruction of government operations.

§ 55.65. Failure to File a Complete Partial-Birth A bortion and Abortion Report. COMMENT: (1993): Chapter 55 contains different crimes all of which relate to the obstruction of government operations. The original sections were contained in the former Penal Code at various parts and have been consolidated here into one Chapter. Other sections have been added. § 55.10. Tampering With Public Records; Defined & P unished. (a) A person commits an offense if he: (1) knowingly makes a false entry in, or false alte ration of, any record, document or thing belonging to, or rece ived or kept by, the government for information or record, or re quired by law to be kept by others for information of the gov ernment; COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 2 (2) makes, presents or uses any record, document or thing knowing it to be false, and with intent that it be taken as a genuine part of information or records referred to in Paragraph (1); or (3) intentionally and unlawfully destroys, conceals , removes or otherwise impairs the verity or availabi lity of any such record, document or thing.

ation or records referred to in Paragraph (1); or (3) intentionally and unlawfully destroys, conceals , removes or otherwise impairs the verity or availabi lity of any such record, document or thing. (b) An offense under this Section is a misdemeanor unless the defendant's intent is to defraud or injure anyone, in which case the offense is a felony of the third degree. SOURCE: G.P.C. §§ 113, 114, 115; *M.P.C. § 241.8; Cal. § 1 170 (1971); Mass. ch. 268, § 7; N.J. § 2C:28-7. CROSS-REFERENCES: § 46.10 -- forgery; § 49.90 - Official Misconduct. COMMENT: Section 55.10 supersedes the Guam Penal Code, but is substantively the same as the law contained in the Penal Code except that a felony is prescribed only where there is an intent to injure or defraud someone. This classification is more consistent wit h the treatment of forgery and official misconduct contained in this Code. § 55.15. Hindering Apprehension or Prosecution; Def ined & Punished. (a) A person is guilty of hindering apprehension or prosecution if, with intent to hinder, prevent or delay the dis covery, apprehension, prosecution, conviction or punishment of another person for the commission of an offense, he: (1) harbors

sion or prosecution if, with intent to hinder, prevent or delay the dis covery, apprehension, prosecution, conviction or punishment of another person for the commission of an offense, he: (1) harbors or conceals the other person; (2) provides or aids in providing a weapon, transpo rtation, disguise or other means of avoiding discovery or ap prehension; (3) conceals, alters or destroys and physical evide nce that might aid in the discovery, apprehension or convict ion of such person; (4) warns such person of impending discovery or apprehension, except that this Paragraph does not a pply to a warning given in connection with an effort to bring another into compliance with law; COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 3 (5) obstructs by force, intimidation or deception a nyone from performing an act which might aid in the disco very, apprehension, prosecution or conviction of such per son; or (6) aids such person to safeguard the proceeds of o r to profit from such offense. (b) Hindering apprehension or prosecution is a felo ny of the third degree if the defendant knows that the charge made or liable to be made against the other person is a

to profit from such offense. (b) Hindering apprehension or prosecution is a felo ny of the third degree if the defendant knows that the charge made or liable to be made against the other person is a felony of the first or second degree. Otherwise the offense is a misdemeanor. SOURCE: G.P.C. §§ 32, 33; M.P.C. § 242.3; Cal. § 425 (1971 ); *Mass. ch. 268, § 11; N.J. § 2C:29-3. CROSS-REFERENCES: § 52.40 - Witness intimidation. § 52.55 - Falsifying evidence. § 52.60 - Destroying evidence. COMMENT: Section 55.15 extends the principal of former Pena l Code §§ 32 and 33 but provides liability regardless of the underlying offense and by going beyond the personal aid to the principal. The former Penal Code provided criminal liability where the underlying of fense was a felony. This Section overlaps, to some degree, §§ 52.40, 52.55 a nd 52.60. This is accomplished, however, without seriously distorting the classification scheme. The greater penalty here than in § 52.60 is justifiable inasmuch as it is predicated on the commission of the various seri ous crimes. In other instances the penalties are the same or the lesser penalty provided here does no more than provide a lesser included

uch as it is predicated on the commission of the various seri ous crimes. In other instances the penalties are the same or the lesser penalty provided here does no more than provide a lesser included offense. Note that the purpose here is to proscribe acts tak en Awith intent to hinder, prevent or delay @ apprehension or prosecution. Accordingly, it is no t necessary to require guilt on the part of the perso n aided or a mental element by the defendant as to it. On the other hand, the r equisite intent must be shown. Giving aid without such motivation, e.g., sh eltering a relative without knowledge that he is a fugitive, is not rea ched by this Section. The Section does not attempt to exempt relatives where it is known that the person being sheltered is a fugitive. § 55.20. False Alarms; Defined & Punished. A person is guilty of a misdemeanor when, with know ledge of its falsity, he causes a false alarm of fire or oth er emergency to be transmitted to any organization that responds to em ergencies involving danger to life or property. SOURCE: c.f. G.P.C. § 403(a); M.P.C. § 250.3; *Cal. §§ 140 0, 1402 (1971); Mass. ch. 269, § 4; N.J. § 2C:33-3.

to any organization that responds to em ergencies involving danger to life or property. SOURCE: c.f. G.P.C. § 403(a); M.P.C. § 250.3; *Cal. §§ 140 0, 1402 (1971); Mass. ch. 269, § 4; N.J. § 2C:33-3. COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 4 COMMENT: Section 55.20 appears to have no counterpart in th e former Penal Code. However, this Section is common is most other Codes and is clearly justifiable on the ground that false alarms hinder government operations and can cause danger to others. § 55.25. Making False Reports; Defined & Punished. A person commits a misdemeanor who: (a) knowingly gives false information to any law enforcement officer with intent to induce such offi cer to believe that another person has committed an offens e; (b) reports to law enforcement authorities an offen se or other incident within their concern knowing that it did not occur, or (c) makes a report which purports to furnish law enforcement authorities with information relating t o an offense or incident when he knows that he has no such infor mation. SOURCE: cf. Guam § 170; M.P.C. § 241.5, Cal. § 1178 (1971) ; *Mass. ch. 268, § 4; N.J. § 2C:28-4.

with information relating t o an offense or incident when he knows that he has no such infor mation. SOURCE: cf. Guam § 170; M.P.C. § 241.5, Cal. § 1178 (1971) ; *Mass. ch. 268, § 4; N.J. § 2C:28-4. COMMENT: Section 55.25 generalizes former § 170. It might b e noted that unlike § 52.30, the Section here includes all false information, both written and oral. § 55.30. Impersonating a Public Officer; Defined & Punished. A person commits a misdemeanor if he falsely preten ds to hold a position in the public service with intent to ind uce another to submit to such pretended official authority or othe rwise to act in reliance upon that pretense to his prejudice. SOURCE: G.P.C. § 146(a); *M.P.C. § 241.9; Cal. § 1180(1971 ); Mass. ch. 268 § 8; N.J. § 2C:28-8. COMMENT: Section 55.30 replaces former § 146(a) of the Pena l Code and extends criminal liability to the impersonation of any public servant, not just policemen or law enforcement officials. § 55.35. Resisting Arrest of Self or Others; Define d & Punished. A person is guilty of a misdemeanor when, with inte nt to prevent or delay the arrest of himself of another p erson by one whom he knows or reasonably should know to be a pea ce

Define d & Punished. A person is guilty of a misdemeanor when, with inte nt to prevent or delay the arrest of himself of another p erson by one whom he knows or reasonably should know to be a pea ce officer acting in an official capacity, he prevents or dela ys that arrest by the COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 5 use or threat of force or by physical obstruction. For purposes of this Section, a peace officer shall include apprehending officers designated under Article 2 of 10 GCA Chapter 51, as well as peace officers as defined under 9 GCA § 1.70. SOURCE: G.P.C. §§ 69, 148; cf. § 166; M.P.C. § 242.2; Cal. § 1182 (1971); Mass. ch. 268, § 10; N.J. § 2C:29-2; Amende d by P.L. 17-87:8. CROSS-REFERENCES: § 55.45 - Obstructing Government Operation; 8 GCA § 25.50. COMMENT: § 55.35 deals specifically with resisting arrest i n order to make clear that the arrest need not be lawful. The defendant must know that the law enforcement officer is acting in an officia l capacity, but if this requirement is satisfied, it is a crime to resist e ven an unlawful arrest.

eed not be lawful. The defendant must know that the law enforcement officer is acting in an officia l capacity, but if this requirement is satisfied, it is a crime to resist e ven an unlawful arrest. There are many remedies for such an unlawful arrest - Hab eas Corpus, exclusion of illegally obtained evidence, possible tort relie f - and it seems preferable to discourage as much violent conduct surrounding poli ce activity as possible. Note that this Section also proscribes resistance o r obstruction, including Agoing limp, @ but does not deal with flight from arrest. At common law, the Model Penal Code and the law of some States require that the arrest be lawful before resistance is made criminal. Such was not the case in the former Penal Code, nor is it th e case in the States of Connecticut and Kentucky. § 55.40. Disarming of a Peace Officer; Defined & Pu nished. (a) A person commits the crime of disarming a peace officer, as defined by 17 GCA § 51101 if such person intenti onally: (1) removes, or attempts to remove, a firearm, dead ly weapon, or less-lethal weapon, including any blunt impact, chemical, or conducted energy device, used in the p erformance of his or her official

(1) removes, or attempts to remove, a firearm, dead ly weapon, or less-lethal weapon, including any blunt impact, chemical, or conducted energy device, used in the p erformance of his or her official duties from the person of a peace officer while said officer is acting within the scope of hi s or her official duties; or (2) deprives, or attempts to deprive, a peace offic er of said officer’s use of a firearm, deadly weapon, or any other equipment described in Subsection (a)(1) of this Se ction while the officer is acting within the scope of his or he r official duties. (b) The provisions of this Section shall not apply when: COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 6 (1) the defendant does not know or could not reason ably have known that the person he or she disarmed was a peace officer; or (2) the peace officer was engaged in an incident involving felonious conduct by the peace officer at the time the defendant disarmed said officer. (c) An offense under this Section is a felony of th e third degree, unless the defendant’s intent is to injure anyone, in which case the offense is a felony of the second degree. SOURCE: Added by P.L.

c) An offense under this Section is a felony of th e third degree, unless the defendant’s intent is to injure anyone, in which case the offense is a felony of the second degree. SOURCE: Added by P.L. 34-149:2 (Dec. 13, 2018). § 55.45. Obstructing Governmental Functions; Define d & Punished. A person commits a misdemeanor if he intentionally obstructs, impairs or perverts the administration of law or ot her governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this Section does not apply to flight by a person charged with c rime, refusal to submit to arrest, failure to perform a legal duty o ther than an official duty, or any other means of avoiding compliance wit h law without affirmative interference with governmental function s. SOURCE: G.P.C. §§ 65, 69, 102, 148, 385; See also § 428; * M.P.C. § 242.1; Cal. §§ 1162, 1186, 1408 (1971); Mass. ch. 2 68, § 9; N.J. § 2C:29-1. CROSS-REFERENCES: § 55.35 - Refusal to submit to arrest; Chapter 58 -Escape; Chapter 25 - Code of Cr. Proc. COMMENT: § 55.45 replaces a number of diverse sections of t he former Penal Code and is intended to prohibit a broad

- Refusal to submit to arrest; Chapter 58 -Escape; Chapter 25 - Code of Cr. Proc. COMMENT: § 55.45 replaces a number of diverse sections of t he former Penal Code and is intended to prohibit a broad rang e of behavior designed to impede or defeat the lawful operation of Governm ent. This Section supplements provisions of this Code which deal with particular means of interference such as bribery, intimidation and perj ury. Although broad, the Section does not proscribe political agitation or o ther exercise of civil liberty; it is confined to physical interference or acts which are unlawful independently of the purpose to obstruct the Govern ment. This Section, and this Chapter, clarify the situati on as it existed in the former Penal Code whereby it was possible to charge a person under one of a number of sections for the same general offense o f Aresisting arrest. @ Such a confusion will not exist in this Code. The exception in this Section for various forms of non-submission to authority is designed to prevent an overly broad ap plication of the term COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 7 Aunlawful act.

orms of non-submission to authority is designed to prevent an overly broad ap plication of the term COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 7 Aunlawful act. @ Failure to file tax return may be unlawful, but is punished by specific sections in the appropriate codes. Further , if the arrested person is innocent or cannot be proved guilty of the offense for which he was arrested, it would be unjust and conducive to grave abuse to permit prosecution for an unsuccessful effort to evade the police. Guam Penal Code § 150, refusing to aid peace office rs or firemen, has not been included in this Code as the Commission be lieved that, while aiding police officers and firemen is to be encoura ged, the mere refusal by an innocent citizen to aid such officer should not be made a criminal offense. § 55.50. Damaging, Stealing or Receiving Stolen Gov ernment Generators, Telephones, or Emergency or Utility Equ ipment. A person commits a felony in the second degree if h e intentionally damages or steals any generator, powe r pole, power line, telephone, telephone line, telephone facility , water meter, or other emergency or utility equipment owned or

ond degree if h e intentionally damages or steals any generator, powe r pole, power line, telephone, telephone line, telephone facility , water meter, or other emergency or utility equipment owned or insta lled by the government of Guam, its agencies or instrumentaliti es. § 55.51. Receiving Stolen Government Generators, Te lephones or Emergency Utility Equipment. A person commits a felony in the second degree if h e receives any stolen generator, power pole, power line, telep hone, telephone line, telephone facility, water meter, or other eme rgency or utility equipment owned or installed by the government of G uam, its agencies or instrumentalities, knowing such item is stolen. SOURCE: Sections 55.50 and 55.51 added by P.L. 21-133:2 (S ept. 3, 1992). § 55.60. Public Water, Unlawful Use During Period o f Emergency. (a) Upon the declaration by the Governor of a stat e of emergency as the result of a disaster that threaten s the public water supply, it shall be a petty misdemeanor for any per son to use water supplied by the Public Utility Agency of Guam for a ny unauthorized use. (b) During a state of emergency public water is au thorized to be used for purposes of public health,

any per son to use water supplied by the Public Utility Agency of Guam for a ny unauthorized use. (b) During a state of emergency public water is au thorized to be used for purposes of public health, safety and w elfare. Any use of the public water during a state of emergency for a use not pertaining to public health, safety and welfare shall not be a uthorized. Such COL3/1/20199 GCA CRIMES AND CORRECTIONS CH. 55 INTERFERENCE WITH GOVT . OPERATIONS 8 unauthorized uses shall include, but not be limited to, washing motor vehicles, windows, streets, sidewalks and bui ldings or irrigating or watering ornamental plants, shrubs, f lower, lawns or golf courses. (c) In addition to any other penalty imposed by the court upon conviction under this section, a conviction arising from unauthorized use of water for a business or commerc ial purpose shall be punished by a fine of not less than One Th ousand Dollars ($1,000) nor more than Twenty-Five Thousand Dollars ($25,000). (d) No state of emergency proclaimed by the Governo r shall be for a period of more than fifteen (15) days. The Go vernor may proclaim successive states of emergency if he deems such proclamation to be in the public

emergency proclaimed by the Governo r shall be for a period of more than fifteen (15) days. The Go vernor may proclaim successive states of emergency if he deems such proclamation to be in the public interest. SOURCE: Added by P.L. 21-134:4 (Sept. 3, 1992). 2017 NOTE: Subsection/subitem designations were added pursuant to the authority of 1 GCA § 1606. § 55.65. Failure to File a Complete Partial-Birth A bortion and Abortion Report. A person commits a misdemeanor who knowingly fails to file a complete individual abortion report for each aborti on with the Territorial Registrar of Vital Statistics within se ven (7) days from the date of the abortion. SOURCE: Added by P.L. 33-218:8 (Dec. 15, 2016) ---------- COL3/1/2019