Chapter 61

9 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 1 CHAPTER 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES § 61.10. Riot: Failure to Disperse: Defined & Punis hed. § 61.15. Disorderly Conduct; Defined & Punished. § 61.20. Harassment; Defined & Punished. § 61.20.1. Definitions. § 61.25. Public Drunkenness; Defined & Punished. § 61.30. Loitering or Prowling; Defined & Punished. § 61.35. Obstructing the Public Ways; Defined & Pun ished. § 61.40. Disrupting Public Gatherings; Defined & Pu nished. § 61.45. Desecration Defined & Punished. § 61.50. Disinterring a Corpse; Punished. § 61.55. Endangering Health & Safety: Defined; Pena lty. § 61.60. Creation of Hazards on Land: Penalty. § 61.65. Creation of Certain Hazards; Oil Pollution by Vessels: Definitions: Penalty. § 61.70. Discharge of Firearms. COMMENT: Chapter 61 covers a variety of public-type disturb ances ranging from corpses to full-fledged riots. This Ch apter departs from prior law in that it depends upon the person's acti on as they may endanger or seriously annoy others. This Chapter has been dr awn so as to avoid the First Amendment problems which have occurred in pas t sections of a

t depends upon the person's acti on as they may endanger or seriously annoy others. This Chapter has been dr awn so as to avoid the First Amendment problems which have occurred in pas t sections of a similar nature. § 61.10. Riot: Failure to Disperse: Defined & Punis hed. (a) A person is guilty of riot, a felony of the thi rd degree, if he participates with four (4) or more others in a c ourse of disorderly conduct: (1) with intent to commit or facilitate the commiss ion of a felony or misdemeanor; (2) with intent to prevent or coerce official actio n; or (3) when he or any other participant to his knowled ge uses or plans to use a firearm or other deadly weap on. (b) Where four (4) or more persons are participatin g in a course of disorderly conduct likely to cause substa ntial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforc ing the law COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 2 may order the participants and others in the immedi ate vicinity to disperse. A person who refuses or knowingly fails t o obey such an order commits a misdemeanor. SOURCE: G.P.C.

D RELATED OFFENSES 2 may order the participants and others in the immedi ate vicinity to disperse. A person who refuses or knowingly fails t o obey such an order commits a misdemeanor. SOURCE: G.P.C. §§ 404, 405, 409, 416, See also §§ 406, 408 ; *M.P.C. § 250.1; Cal. §§ 260, 1205, 1215 (1971); Mass. ch. 269, §§ 1, 2; N.J. § 2C:33-1, 2C:33-2. CROSS-REFERENCES: cf. § 404, Penal Code. COMMENT: The offense of Adisorderly conduct @ (§ 61.15) reaches the violent, tumultuous, noisy and dangerous aspects of either individual or group behavior. However, a distinct riot offense is justified: (1) to provide aggravated penalties for disorderly conduct where the number of participants makes the behavior especially alarming ; (2) to provide penal sanctions for disobeying police orders directing a disorderly mob to disperse; and (3) to subject to police orders perso ns present but not shown to be implicated in the disorderly behavior - a kind of Aexpanded complicity, @ necessitated by the fact that police cannot be exp ected to distinguish participants from non-participants inte rmingled in a mob. Defining riot as an aggravation of disorderly condu ct prevents application of riot penalties to

t police cannot be exp ected to distinguish participants from non-participants inte rmingled in a mob. Defining riot as an aggravation of disorderly condu ct prevents application of riot penalties to peaceful joint beh avior of which the police may disapprove on the ground that it tends to provo ke others to violent reactions, or even to assemblies to commit offenses unattended by circumstances of disorder. Thus, this Section does not reach all of what was formerly defined as Aunlawful assembly. @ § 61.15. Disorderly Conduct; Defined & Punished. (a) A person is guilty of disorderly conduct, if, w ith intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in viole nt or tumultuous behavior; (2) makes unreasonable noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or (3) creates a hazardous or physically offensive condition by any act which serves no legitimate pur pose of the defendant. (b) As used in this Section, Apublic @ means affecting or likely to affect persons in a place to which the pu blic or a substantial group has access.

h serves no legitimate pur pose of the defendant. (b) As used in this Section, Apublic @ means affecting or likely to affect persons in a place to which the pu blic or a substantial group has access. Among the places incl uded are COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 3 highways, transport facilities, schools, prisons, a partment houses, places of business or amusement, or any nei ghborhood. (c) An offense under this Section is a petty misdem eanor if the defendant's intent is to cause substantial harm or serious inconvenience, or if he persists in disorderly cond uct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation. SOURCE: G.P.C. §§ 375, 415, 415a, 416; See also §§ 229, 40 3b, 407; *M.P.C. § 250.2; Cal. § 1225 (1971); Mass. ch. 269, § 3; N.J. § 2C:33-2. CROSS-REFERENCES: § 61.10 Riot. COMMENT: § 61.15 covers the same general ground as former G uam PC §§ 415 and 415a, proscribing the most common typ es of misbehavior by which individuals can make a public nuisance of themselves. The Section makes certain changes in the former languag e in an attempt to more sharply distinguish

he most common typ es of misbehavior by which individuals can make a public nuisance of themselves. The Section makes certain changes in the former languag e in an attempt to more sharply distinguish between criminal and non-c riminal acts. For example, Subsection (a)(2) refers to Aunreasonable @ noise while former law referred to Aloud @ noise. Under this Section, a speaker cannot be hel d liable criminally for utterances which are provocat ive merely on account on of the ideas expressed. § 61.20. Harassment; Defined & Punished. A person commits a petty misdemeanor if, with inten t to harass another, he: (a) makes, or causes to be made, a communication anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner li kely to cause annoyance or alarm; (b) subjects another to striking, kicking, shoving or other offensive touching, or threatens to do so; or (c) engages in any other course of alarming conduct or of repeatedly committed acts which alarm or serious ly annoy such other person serving no legitimate purpo se of the defendant. (d) Every person who with intent to annoy, telephon es, telefaxes, or communicates by use of any telephone

alarm or serious ly annoy such other person serving no legitimate purpo se of the defendant. (d) Every person who with intent to annoy, telephon es, telefaxes, or communicates by use of any telephone network, data network, text message, instant messag e, computer, computer network, or computer system with another person and addresses to or about such other person COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 4 any obscene language is guilty of a misdemeanor. (e) Every person who makes a telephone call, telefa x transmission, or any transmission by use of a telep hone network, data network, text message, instant messag e, computer, computer network, or computer system with intent to annoy and without disclosing his true ide ntity to the person answering the telephone or receiving the telefax transmission or transmission received from any tele phone network, data network, text message, instant messag e, computer, computer network, or computer system, whe ther or not conversation or return transmission ensues f rom making the telephone call or the transmission, is g uilty of a misdemeanor.

messag e, computer, computer network, or computer system, whe ther or not conversation or return transmission ensues f rom making the telephone call or the transmission, is g uilty of a misdemeanor. (f) Any offense committed by use of a telephone, telefax machine, or any telephone network, data net work, text message, instant message, computer, computer network, or computer system as set out in this Sect ion may be deemed to have been committed at either the plac e at which the telephone calls, telefax transmissions, or any transmission by use of a telephone network, data ne twork, text message, instant message, computer, computer network, or computer system were made or received. In the event that a customer of a telephone service provid er, wireless service provider, or an internet service p rovider receives harassing telephone calls or transmissions received via or by use of a telephone network, data network, text message, instant message, computer, computer networ k, or computer system, such customer may t1le an injuncti on complaint under the name of John Doe, although the telephone service provider may release the name, ad dress, and telephone number of the plaintiff to the

ystem, such customer may t1le an injuncti on complaint under the name of John Doe, although the telephone service provider may release the name, ad dress, and telephone number of the plaintiff to the Superi or Court of Guam. The telephone service provider, wireless s ervice provider, or an internet service provider shall disconnect all telephone services or computer or wireless services to any subscriber who has violated the provisions of this Section more than one ( 1) time. (g) Subsections (d) or (e) of this Section are viol ated when the person acting with intent to annoy makes a COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 5 telephone call, telefax transmission, or any transm ission by use of a telephone network, data network, text mess age, instant message, computer, computer network, or com puter system requesting a return call or return transmiss ion and performs the acts prohibited under such Subsections upon receiving the return call or transmission. SOURCE: G.P.C. §§ 640a, 653f; M.P.C. § 250.4 Cal. §§ 1225, 1460 (1971); Mass. ch. 269, §§ 5, 6; *N.J. § 2C:33-4. S ubsections (d), (e), (f), and (g) added by P.L. 21-12:1.

eturn call or transmission. SOURCE: G.P.C. §§ 640a, 653f; M.P.C. § 250.4 Cal. §§ 1225, 1460 (1971); Mass. ch. 269, §§ 5, 6; *N.J. § 2C:33-4. S ubsections (d), (e), (f), and (g) added by P.L. 21-12:1. Subsection (f) amen ded by P.L. 27- 109:12. Amended by P.L. 31-009:4 (Mar. 9, 2011). COURT DECISIONS: SUPER.CT. 1982. § 61.20, by defining harassment as striking, kicking, shoving or other o ffensive touching, clearly identifies the prohibited act and, therefor e, does not violate the Fourteenth Amendment of the Constitution for vaguen ess, nor does it prohibit any activity protected by the First Amendm ent of the Constitution. People v. Jackson, Cr. #377-82. SUPER. CT. 1983. Subsections (a) and (b) of § 61.20 are unconstitu- tional because they fail to adequately define and l imit the activity which is criminal. People v. Lizama , S.CT. Cr. #646-82. COMMENT: § 61.20 continues the policy behind former § 640a (obscene telephone calls); § 650 (threatening lette rs), and § 653f (annoying telephone calls) and also provides for pr ivate annoyances not covered by § 61.15 because of the latter's limitati on on disturbances of some general impact and not covered under Chapter 1 9, Assault.

elephone calls) and also provides for pr ivate annoyances not covered by § 61.15 because of the latter's limitati on on disturbances of some general impact and not covered under Chapter 1 9, Assault. § 61.20.1. Definitions. Unless otherwise indicated, as used in § 61.20: (a) Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. (b) Computer network means two (2) or more computers or computer systems, interconnected by communication lines, including microwave, electroni c, or any other form of communication. (c) Computer system means a set of interconnected computer equipment intended to operate as a cohesiv e COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 6 system. SOURCE: Added by P.L. 31-009:5 (Mar. 9, 2011). § 61.25. Public Drunkenness; Defined & Punished.

OL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 6 system. SOURCE: Added by P.L. 31-009:5 (Mar. 9, 2011). § 61.25. Public Drunkenness; Defined & Punished. (a) A person is guilty of an offense if he appears in any public place manifestly under the influence of alco hol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or propert y or annoy persons in his vicinity. (b) An offense under this Section constitutes a pet ty misdemeanor if the defendant has been convicted her eunder twice before within a period of one year. Otherwise the offense constitutes a violation. SOURCE: G.P.C. §§ 652; See also § 647(9) (10); *M.P.C. § 2 50.5; Cal. § 1235, 1240 (1971); N.J. § 2C:33-5. COMMENT: While it might be desirable to provide a non-crimi nal remedy for getting intoxicated persons off the stre et, none has been found. Until one is, a penal remedy coupled with ad equate sentencing authority to provide treatment and cure seems to pr ovide the only reasonable alternative. § 61.30. Loitering or Prowling; Defined & Punished; Defenses.

penal remedy coupled with ad equate sentencing authority to provide treatment and cure seems to pr ovide the only reasonable alternative. § 61.30. Loitering or Prowling; Defined & Punished; Defenses. (a) A person commits a violation if he loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. A person commits a violation if he loiters or prowls in or in close proximity to a school bus stop, at a time, or in a manner not usual for law-abiding individuals under circumstanc es that warrant alarm for the safety of persons or property in the vicinity. (b) Unless flight by the person or other circumstances makes it impracticable, a peace officer shall prior to any arrest COL6/24/20219 GCA CRIMES AND CORRECTIONS CH.

sons or property in the vicinity. (b) Unless flight by the person or other circumstances makes it impracticable, a peace officer shall prior to any arrest COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 7 for an offense under this Section afford the person an opportunity to dispel any alarm which would otherwi se be warranted, by requesting him to identify himself an d explain his presence and conduct. (c) No person shall be convicted of an offense under this Section if the peace officer did not comply with Subsection (b ) or if it appears at trial that the explanation given by t he person was true and, if believed by the peace officer at the time would have dispelled the alarm. SOURCE: G.P.C. §§ 367, 647(3), (4), (6), § 467a; *M.P.C. § 250.6; Cal. § 1230 (1971); N.J. § 2C:33-7. Amended by P.L . 29-055 (Mar. 19, 2008). CROSS-REFERENCES: Chapter 30, Cr. Proc., Code - AStop & Frisk Act @ Chapter 20, Cr. Proc. Code - AArrest @ COMMENT: Section 61.30 penalizes what may be called Aalarming loitering @. In contrast with Penal Code § 647, this Section d oes not create a crime of status based upon past behavior.

ode - AArrest @ COMMENT: Section 61.30 penalizes what may be called Aalarming loitering @. In contrast with Penal Code § 647, this Section d oes not create a crime of status based upon past behavior. Ample r oom is allowed for police discretion in arresting persons suspected of having committed or being about to commit an offense; on the other hand , it guards against unreasonable arrest and search by requiring a reque st for identification and explanation before the police may arrest. § 61.35. Obstructing the Public Ways; Defined & Pun ished. (a) A person commits a petty misdemeanor if he or s he unreasonably obstructs the free passage of foot or vehicular traffic on any public way, and refuses to cease or remove the obstruction upon a lawful order to do so given him by a law enforcement officer. (b) A person commits a petty misdemeanor if he unreasonably obstructs the free passage of foot or vehicular traffic on any public way for the purpose of handbi lling as defined by Title 16 GCA Section 3701 or for solicit ing as defined by Title 16 GCA Section 3341. (c) As used in this Section, public way means any p ublic highway or sidewalk, private way laid out under aut hority of

16 GCA Section 3701 or for solicit ing as defined by Title 16 GCA Section 3341. (c) As used in this Section, public way means any p ublic highway or sidewalk, private way laid out under aut hority of statute, way dedicated to public use, or way upon w hich the public has a right of access or has access as invit ees or licensees. SOURCE: M.P.C. § 250.7; Cal. § 1225(a)(3) (1971); *Mass. c h. 269, § 7; N.J. § 2C:33-8. Amended by P.L. 28-28:4. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 8 COMMENT: This is a new Section to Guam and sorely needed. T his Section would make criminal the act of blocking wha t is defined by Subsection (b) as the Apublic way @. For the first time, police would be permitted to take action when some landowner unreas onably blocks a road which has been regarded as, and can be defined as a Apublic way @. Heretofore, the police have been powerless in such cases, and have been required to leave the matter up to the village comm issioner, or other civil remedy. § 61.40. Disrupting Public Gatherings; Defined & Pu nished.

olice have been powerless in such cases, and have been required to leave the matter up to the village comm issioner, or other civil remedy. § 61.40. Disrupting Public Gatherings; Defined & Pu nished. A person commits a violation if, with intent to pr event or disrupt a lawful meeting, procession or gathering, he does any act tending to obstruct or interfere with it physic ally, or makes any utterance, gesture or display designed to outra ge the sensibilities of the group. SOURCE: G.P.C. §§ 58, 81, 302, 403; See also § 375a; *M.P. C. § 250.8; Cal. § 1220 (1971); Mass. ch. 269, § 8; N.J. § 2C:33-9. COMMENT: Section 61.40 generalizes the offense of disruptin g meetings proscribed in Penal Code §§ 58, 81, 302 an d 403. Here the defendant's freedom of speech must be balanced agai nst the equally cherished freedom of associations, religion and pea ceful communication. It is a difficult line to draw and the Section requ ires a specific Aintent to prevent or disrupt a lawful meeting @ and limits the penalty for violation of this Section to a fine. § 61.45. Desecration Defined & Punished. (a) A person commits a misdemeanor if he intentiona lly desecrates any public monument or structure,

mits the penalty for violation of this Section to a fine. § 61.45. Desecration Defined & Punished. (a) A person commits a misdemeanor if he intentiona lly desecrates any public monument or structure, or pla ce of worship or burial, or if he intentionally desecrates the na tional flag or any other object of veneration by the public or a subst antial segment thereof in any public place. (b) As used in this Section, desecrate means defaci ng, damaging, polluting or otherwise physically mistrea ting in a way that the person knows will outrage the sensibilitie s of persons likely to observe or discover his action. SOURCE: G.P.C. §§ 310, 310a; cf. §§ 622, 622a; *M.P.C. § 2 50.9; Mass. ch. 269, § 9 N.J. § 2C:33-10. COMMENT: Section 61.45 expands upon Penal Code §§ 310 and 3 10a to provide for desecration not only of the flag but also of public monuments, places of worship and burial, and other object of veneration. § 61.50. Disinterring a Corpse; Punished. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 9 A person commits a misdemeanor if he intentionally and unlawfully disinters, removes, conceals, mutilates or destroys a human corpse or

ECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 9 A person commits a misdemeanor if he intentionally and unlawfully disinters, removes, conceals, mutilates or destroys a human corpse or any part thereof. SOURCE: G.P.C. §§ 290, 291, 295; M.P.C. § 250.10; *Mass. c h. 269, § 10. § 61.55. Endangering Health & Safety: Defined; Pena lty. (a) A person commits a petty misdemeanor when he: (1) permits any condition which is injurious to hea lth or any offensive or noxious substance to be maintai ned upon or within property in his possession or under his control after receiving reasonable notice in writin g from the proper authority to terminate that condition; or (2) unlawfully obstructs the free passage or use of a navigable body of water or a public highway, street , sidewalk or park by placing any substance therein o r thereon. (b) Permitting the existence of a condition after t he receipt of the notice required by Paragraph (1) of Subsecti on (a) shall constitute a separate and distinct offense for each and every day after such receipt that the condition exists. SOURCE: Guam §§ 370-371; *Cal. §§ 1414(a)(1) (6) (1971).

h (1) of Subsecti on (a) shall constitute a separate and distinct offense for each and every day after such receipt that the condition exists. SOURCE: Guam §§ 370-371; *Cal. §§ 1414(a)(1) (6) (1971). Renumbered as 9 GCA § 70.15 as part of the codifica tion process pursuant to P.L. 15-104:8. See 2014 NOTE preceding Chapter 1, Title 9 GCA. Renumbered by the Compiler pursuant to the aut hority of 1 GCA §1606. § 61.60. Creation of Hazards on Land: Penalty. A person is guilty of a petty misdemeanor when he: (a) abandons, keeps or knowingly permits to remain on premises under his control an unused refrigerator, icebox, deep freeze locker or similar container having a ca pacity of one and one-half (1/2) cubic feet or more from whic h the door or the hinges and latch mechanism has not been removed. This Subsection shall not apply to a perso n engaged in the business of selling refrigerators, i ceboxes or deep freeze lockers who keeps them for sale, if he takes reasonable precautions to secure the door of any su ch COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 10 refrigerator, icebox or deep freeze locker so as to prevent entrance by

secure the door of any su ch COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 10 refrigerator, icebox or deep freeze locker so as to prevent entrance by children small enough to fit therein. (b) being the owner or otherwise having possession of property upon which an abandoned well or cesspool i s located, fails to cover the same with suitable prot ective construction. SOURCE: G.P.C. § 402; *Cal. § 1416 (1971); Mass. ch. 270, § 18; *N.J. § 2C:40-1. Renumbered as 9 GCA § 70.20 as par t of the codification process pursuant to P.L. 15-104:8. See 2014 NOTE preceding Chapter 1, Title 9 GCA. Renumbered by the Compiler pursuant to the authority of 1 GCA §1606. CROSS-REFERENCES: New York Penal Law § 270.10, § 1940 of this Title - Reckless Conduct. § 61.65. Creation of Certain Hazards; Oil Pollution by Vessels: Definitions: Penalty. (a) Except in case of unavoidable accident, collisi on or stranding, and except as otherwise permitted by law , a person commits a misdemeanor if he discharges or permits t he discharge of oil by any methods, means or manner, i nto or upon the navigable waters of Guam from any vessel using oil for the generation of

son commits a misdemeanor if he discharges or permits t he discharge of oil by any methods, means or manner, i nto or upon the navigable waters of Guam from any vessel using oil for the generation of propulsion power, or any vessel carry ing or having oil thereon in excess of that necessary for its lub ricating requirements, and such as may be required under the laws of the United States and the government of Guam, and the r ules and regulations prescribed thereunder. (b) As used in this Section, 'private place' means a place where one may reasonably expect to be safe from cas ual or hostile intrusion or surveillance, but does not inc lude a place to which the public or a substantial group thereof has access: (1) Oil means oil of any kind or in any form, inclu ding fuel oil, oil sludge and oil refuse; (2) Navigable Waters of Guam means all portions of the sea within the territorial jurisdiction of the government of Guam. SOURCE: G.P.C. § 374(b). Renumbered as 9 GCA § 70.30 as pa rt of the codification process pursuant to P.L. 15-104:8. See 2014 NOTE COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 11 preceding Chapter 1, Title 9 GCA.

f the codification process pursuant to P.L. 15-104:8. See 2014 NOTE COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 11 preceding Chapter 1, Title 9 GCA. Renumbered by the Compiler pursuant to the authority of 1 GCA §1606. 2021 NOTE: References to 'territory' removed pursuant to 1 GC A § 420. CROSS-REFERENCES: § 7.80 necessity defense. § 61.70. Discharge of Firearms. (a) A person commits a misdemeanor who willfully discharges a firearm: (1) At any occupied dwelling, building or other structure; (2) At any utility pole or light fixture, or line o r device for transmittal of power or communications of any k ind; (3) At any sign, signboard or notice placed upon or affixed to any property belonging to the government of the territory; (4) Into the air. (5) Any individual found to commit a misdemeanor within the provisions of this section shall be asse ssed a fine of no less than $500 and no more than $1,000 per of fense, the firearm used shall be confiscated and its regis tration certificate, and all rights thereunder, shall be su spended for one (1) year.

ne of no less than $500 and no more than $1,000 per of fense, the firearm used shall be confiscated and its regis tration certificate, and all rights thereunder, shall be su spended for one (1) year. Any individual so convicted who has l egal possession of more than one firearm shall have only the firearm used in the commission of the crime confisc ated and its registration suspended. (6) Any firearm so confiscated shall not be sold or transferred to another prior to completion of the s entence imposed. (7) No individual found guilty under the provisions of this section shall purchase any other firearm durin g the duration of the suspension of his or her firearm's registration card. (b) A person commits a misdemeanor who willfully discharges a firearm within fifty (50) yards of any occupied dwelling, building or other structure without the p rior consent of COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 61 RIOT , DISORDERLY CONDUCT AND RELATED OFFENSES 12 the owner thereof or his agent or of the person in lawful possession thereof, with the exception of the disch arge of firearms at a properly constructed shooting range a pproved by the Director of the Department of Public Safety or

r of the person in lawful possession thereof, with the exception of the disch arge of firearms at a properly constructed shooting range a pproved by the Director of the Department of Public Safety or by a peace officer in pursuit of his duty as a peace officer. SOURCE: Subsection (a) was added as § 70.42 by P.L. 16-07 9:2 (May 4, 1980) ,and amended by P.L. 21-131:2 (July 28, 19 92). Subsection (b) was added as § 70.43 by P.L. 16-079:3 (May 4, 1980) . Renumbered by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This provision combines former § 70.42 ('Discharg e of Firearms') and § 70.42 ('Same'). Both provisions h ad the same title and covered the same offense, and were consolidated and renumbered as part of the reorganization of Chapter 70. As part of the consolidation, subsections designati ons were added/altered pursuant to the authority of 1 GCA § 1606. ---------- COL6/24/2021