Chapter 70

9 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 1 CHAPTER 70 MISCELLANEOUS CRIMES 2021 NOTE: This chapter has been dramatically reorganized by the Compiler pursuant to the authority granted by 1 GCA § 1606. Article 1 is now comprised of the provisions addres sed in P.L. 35- 144 (Jan. 22, 2021), entitled Protecting Animal Wel fare and Safety (PAWS) Act (Pugua’s Law). The following provisions in Chapter 70 were either renumbered and 'recodified' in other chapters in Title 9, GCA that addressed substantive offenses, or were renumbered as part of a new Article 4 entitled 'Miscellaneous Criminal Offenses. Former Title New § 70.15. Endangering Health & Safety: Defined; Penalty. § 61.55 § 70.16. Tattoos, Brands, Scarifications and Piercings; Minors; Violation; Classifica- tion; Anesthesia; Defense; Definition. § 70.410 § 70.20. Creation of Hazards on Land: Penalty. § 61 .60 § 70.25. Jet Ski Operation, Tumon Bay. § 70.420 § 70.30. Creation of Certain Hazards; Oil Pollution by Vessels: Definitions: Penalty. § 61.65 § 70.35. Invasion of Privacy or Criminal Voyeurism and Video Voyeurism; Penalty; Definitions. § 28.70 § 70.40. Unlawful Use of Telephone; Defined & Punished.

by Vessels: Definitions: Penalty. § 61.65 § 70.35. Invasion of Privacy or Criminal Voyeurism and Video Voyeurism; Penalty; Definitions. § 28.70 § 70.40. Unlawful Use of Telephone; Defined & Punished. § 70.430 § 70.40.1. Obscene Telephone Service Prohibited; Penalty. § 28.71 § 70.40.2. Certain Obscene Telephone Communications Prohibited; Penalty. § 28.72 § 70.41. Destruction of Property: Penalty. § 34.90 § 70.42. Discharge of Firearms. § 61.70 § 70.43. Same. § 61.70 § 70.44. Revealing Expunged Record Prohibited. § 70 .440 § 70.44.2 Leaving Children Unattended or § 31.70 COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 2 Unsupervised in Motor Vehicles; Penalty; Authority of Law Enforcement Officer. § 70.44.3. Blacklisting Employees. § 70.40 § 70.44.4 Possession of Cannabis by Persons Under Twenty-One (21) Years of Age § 70.330 This publication does not include § 70.44.1, Sellin g Tobacco to Minors, added by P.L. 21-025:2 (May 17, 1991), as t his provision had previously been repealed by P.L. 24-278:4 (Oct. 16, 1998). Comments and other annotations for each provision w ere retained as part of the 'recodification' process.

17, 1991), as t his provision had previously been repealed by P.L. 24-278:4 (Oct. 16, 1998). Comments and other annotations for each provision w ere retained as part of the 'recodification' process. In light of the reorganization of this Chapter, the following Comment from past publications of the GCA, is no longer app licable: COMMENT: Most, if not all, of the offenses set forth in this Chapter could be dealt with in one of the previous Chapters, but not without greater distortion of those Chapter s than is thought desirable. All of the crimes covered by this Chapter are found in the Penal Code. However, these Sections have been modernized in line with the intent of this Code. 2014 NOTE: Unless otherwise indicated, the Comments are the original annotations from the Criminal and Correcti onal Code (1977), enacted by P.L. 32-185 (Sept. 2, 1976). The se annotations were included when the Criminal and Correctional Co de (1977) was 'recodified' as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1980). These original annotations were retained in past print publications of the GCA, and are include d herein for historical purposes.

of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1980). These original annotations were retained in past print publications of the GCA, and are include d herein for historical purposes. The Source notes, however, hav e been updated to reflect subsequent changes to each provision. Article 1. Protecting Animal Welfare and Safety (PA WS) Act (Pugua’s Law). Article 2. Discrimination in Housing Accommodations . Article 3. The Guam Social Host Act. Article 4. Miscellaneous Criminal Offenses. ARTICLE 1 PROTECTING ANIMAL WELFARE AND SAFETY (PAWS) ACT (P UGUA ’S LAW ) COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 3 2021 NOTE: P.L. 35-144 (Jan. 22, 2021), amended, added, and renumbered §§ 70.10 to 70.10.15. Pursuant to the a uthority granted by 1 GCA § 1606, these provisions have been renumbe red (where applicable) as §§ 70.10 to 70.85. and codified unde r Article 1, renamed Protecting Animal Welfare and Safety (PAWS) Act (Pugua’s Law). P.L. 35-144:3 (Jan. 22, 2021) provided: 'All fines and penalties collected for violations pursuant to §§ 70.10 throu gh 70.10.15 of Article 1, Chapter 70, Title 9, Guam Code Annotated , shall be deposited in the ‘Rabies

22, 2021) provided: 'All fines and penalties collected for violations pursuant to §§ 70.10 throu gh 70.10.15 of Article 1, Chapter 70, Title 9, Guam Code Annotated , shall be deposited in the ‘Rabies Prevention Fund’ as establ ished in § 34307 of Article 3, Chapter 34, Title 10, Guam Code Annot ated.' § 70.10. Title. § 70.15. Definitions. § 70.20. Animal Neglect. § 70.25. Animal Abuse. § 70.30. Aggravated Animal Abuse. § 70.35. Animal Fighting. § 70.40. Sexual Assault of an Animal. § 70.45. Bodily Alterations, Disablements, or Remov als. § 70.50. Animal Abandonment. § 70.55. Failure of a Motorist to Render Aid to an Injured Animal. § 70.60. Leaving Animals Unattended in Motor Vehicl es; Penalty; Authority of Officers. § 70.65. Defenses; Exceptions. § 70.70. Euthanasia Procedures. § 70.75. Pre-Trial Provisions. § 70.80. Sentencing Provisions. § 70.85. Civil Right of Action for the Wrongful Inj ury or Death of an Animal. § 70.10. Title. Sections 70.10 through 70.85 of this Article may be cited as the Protecting Animal Welfare and Safety (PAWS) Act or Pugua’s Law. SOURCE: Renamed and amended by P.L. 35-144:2 (Jan. 22, 202 1).

Title. Sections 70.10 through 70.85 of this Article may be cited as the Protecting Animal Welfare and Safety (PAWS) Act or Pugua’s Law. SOURCE: Renamed and amended by P.L. 35-144:2 (Jan. 22, 202 1). 2021 NOTE: This provision was formerly entitled 'Cruelty to Animals: Defined; Exceptions; Penalty,' which inclu ded the following annotation: COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 4 SOURCE: G.P.C. §§ 384a, 596-596b, 599a, 599b; M.P.C. § 250.11; Cal. §§ 1440-1442 (1971); Mass. ch. 269, § 11; *N.J. § 2C:33-11. Amended by P.L. 31-005:4 (Mar. 9, 2011). Former § 70.10 was apparently implicitly repealed b y P.L. 35-144 (Jan. 22, 2021), which established new criminal off enses for abuse of animals. § 70.15. Definitions. For the purposes of §§ 70.10 through 70.85 of this Article: (a) Animal means any nonhuman mammal, bird, reptile, amphibian, or fish, and is inclusive of, b ut not limited to, livestock and domestic animals. (b) Caregiving agency means an animal shelter, humane society, or other animal care agency that ha s as its principal purpose the humane treatment of animals, and that has temporary custody of an animal after the animal has been seized.

shelter, humane society, or other animal care agency that ha s as its principal purpose the humane treatment of animals, and that has temporary custody of an animal after the animal has been seized. (c) Domestic animal means any animal, other than livestock, that is owned by a person or in a person ’s possession. (d) Good animal husbandry includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock , or the ear cropping and tail docking of dogs, according to acc epted practices of veterinary medicine or animal husbandr y. (e) Guardian means a person who has possession, title, ownership interest, or other legal interest in an a nimal. (f) Livestock means cattle, carabao, swine, deer, sheep, goats, equine, and poultry raised for labor, food, or other purposes. (g) Minimum care means care reasonably sufficient to preserve the health and well-being of an animal and , except for emergencies or circumstances beyond the reasona ble control of the guardian, includes, but is not limit ed to, the following requirements: (1) open or adequate access to food of reasonable COL11/30/20229 GCA CRIMES AND CORRECTIONS

yond the reasona ble control of the guardian, includes, but is not limit ed to, the following requirements: (1) open or adequate access to food of reasonable COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 5 quantity and quality to allow for normal growth or maintenance of body weight; (2) open or adequate access to potable water of reasonable quality and quantity to satisfy the anim al’s needs; (3) access to a structure reasonably sufficient to protect the animal from wind, rain, sun, or other environmental or weather conditions; (4) veterinary and other care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease; (5) for a domestic animal, continuous access to an area: (A) with reasonably adequate space for exercise necessary for the health of the animal; (B) with air temperature reasonably suitable for the health of the domestic animal; (C) with adequate ventilation; (D) with regular diurnal lighting cycles of either natural or artificial light; and (E) kept reasonably clean and free from excess waste or other contaminants that could affect the health of the animal(s).

th regular diurnal lighting cycles of either natural or artificial light; and (E) kept reasonably clean and free from excess waste or other contaminants that could affect the health of the animal(s). (h) Officer means a member of the Guam Police Department, a Mayor of Guam, an Animal Control Offi cer, a Conservation Officer, or any other person authorize d by law by the Chief of the Guam Police Department or by th e Director of the Department of Agriculture. (i) Person means an individual, corporation, trust, partnership, association, or any other legal entity . (j) Physical injury means physical trauma, impairment of condition, or pain or illness produce d by violence or by a thermal or chemical agent, and inc ludes, but is not limited to, starvation, dehydration, hypothe rmia, COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 6 hyperthermia, muscle atrophy, restriction of blood flow to a limb or organ, mange or other skin disease, or para sitic infestation. (k) Physical trauma means fractures, cuts, punctures, bruises, burns, or other wounds. (l) Possession means to have physical custody or to exercise dominion with intent of ownership or contr ol over an

) Physical trauma means fractures, cuts, punctures, bruises, burns, or other wounds. (l) Possession means to have physical custody or to exercise dominion with intent of ownership or contr ol over an animal. (m) Serious physical injury means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb, body part, or bodily organ. (n) Torture means an action taken with the intent of inflicting or prolonging pain or suffering. (o) Suffering means fear, agitation, severe depression or stress, or other forms of severe emotional or me ntal distress. SOURCE: Added as § 70.10.1 by P.L. 35-144:2 (Jan. 22, 2021 ), renumbered to § 70.15 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: Past publications of the GCA included § 70.01 ent itled 'Cruelty to Animals; Definitions,' which had been a dded by P.L. 31- 005:3 (Mar. 9, 2011). Former § 70.01 was apparentl y implicitly repealed by P.L. 35-144 (Jan. 22, 2021). This provision was formerly entitled 'Endangering H ealth & Safety: Defined; Penalty'; it was renumbered to § 61.55 by the Compiler as part of the

implicitly repealed by P.L. 35-144 (Jan. 22, 2021). This provision was formerly entitled 'Endangering H ealth & Safety: Defined; Penalty'; it was renumbered to § 61.55 by the Compiler as part of the reorganization of Chapter 70. § 70.20. Animal Neglect (Violation). (a) A person commits the offense of Animal Neglect if, except as otherwise authorized by § 70.65 of this A rticle, the person intentionally, knowingly, or recklessly fail s to provide minimum care for an animal in the person’s possessi on. (b) Animal Neglect is an offense punishable by a fi ne of not more than Five Hundred Dollars ($500) per offense. (c) Each act or omission in violation of Subsection (a) of this Section shall constitute a separate offense. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 7 SOURCE: Renamed and added as § 70.10.2 by P.L. 35-144:2 (J an. 22, 2021), renumbered to § 70.20 by the Compiler pu rsuant to 1 GCA § 1606. 2021 NOTE: P.L. 35-144:2 (Jan. 22, 2021) added this provisio n as § 70.10.2, apparently implicitly repealing former § 70.10.2 entitled 'Animal Abandonment,' which had been added by P.L. 31-005:3 (Mar. 9, 2011).

P.L. 35-144:2 (Jan. 22, 2021) added this provisio n as § 70.10.2, apparently implicitly repealing former § 70.10.2 entitled 'Animal Abandonment,' which had been added by P.L. 31-005:3 (Mar. 9, 2011). The offense of Animal Abandonment is now codified at § 70.50. This provision was formerly entitled 'Creation of H azards on Land: Penalty'; it was renumbered to § 61.60 by the Compi ler as part of the reorganization of Chapter 70. § 70.25. Animal Abuse. (a) A person commits the crime of Animal Abuse if, except as otherwise authorized by § 70.65 of this Article, the person intentionally, knowingly, recklessly, or with crimi nal negligence: (1) causes physical injury to an animal; (2) causes serious physical injury to an animal; or (3) causes the death of an animal. (b) Animal Abuse under Subsection (a)(1) of this Se ction is a misdemeanor. Animal Abuse under Subsection (a)(2) or (a)(3) of this Section is a third degree felony. (c) Each act or omission in violation of Subsection (a) of this Section shall constitute a separate offense. SOURCE: Renamed and added as § 70.10.3 by P.L. 35-144:2 (Ja n. 22, 2021), renumbered to § 70.25 by the Compiler pu rsuant to 1 GCA § 1606. 2021 NOTE: P.L.

Section shall constitute a separate offense. SOURCE: Renamed and added as § 70.10.3 by P.L. 35-144:2 (Ja n. 22, 2021), renumbered to § 70.25 by the Compiler pu rsuant to 1 GCA § 1606. 2021 NOTE: P.L. 35-144:2 (Jan. 22, 2021) added this provisio n as § 70.10.3, formerly entitled 'Authority to Enter Pr emises and Court Proceedings,' which had been added by P.L. 31-005:7 (Mar. 9, 2011), and repealed and reenacted as 9 GCA § 34127 by P.L. 35- 121:4 Dec. 11, 2020). Past publications of the GCA included § 70.10.1 ent itled 'Animal Abuse in the First Degree,' which had been added by P.L. 31-005:5 (Mar. 9, 2011) and was apparently implicitly repeal ed by P.L. 35- 144 (Jan. 22, 2021). This provision was formerly entitled 'Jet Ski Opera tion, Tumon Bay'; it was renumbered to § 70.420 by the Compiler as part of the reorganization of Chapter 70. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 8 § 70.30. Aggravated Animal Abuse. (a) A person commits the crime of Aggravated Animal Abuse if, except as otherwise authorized by § 70.65 of this Article, the person intentionally, knowingly, recklessly, or with criminal negligence: (1) tortures an animal; or (2) causes the death

imal Abuse if, except as otherwise authorized by § 70.65 of this Article, the person intentionally, knowingly, recklessly, or with criminal negligence: (1) tortures an animal; or (2) causes the death of an animal under circumstanc es demonstrating malice aforethought. (b) Aggravated Animal Abuse is a second degree felo ny. (c) Each act or omission in violation of Subsection (a) of this Section shall constitute a separate offense. SOURCE: Added as § 70.10.4 by P.L. 35-144:2 (Jan. 22, 2021 ), renumbered to § 70.30 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. Past publications of the GCA included § 70.10.1 entitled 'Animal Abuse in the First Degree,' which had been added by P.L. 31-005:5 (Mar. 9, 2011). This provision was formerly entitled 'Creation of C ertain Hazards; Oil Pollution by Vessels: Definitions: Penalty'; it was renumbered to § 61.65 by the Compiler as part of the reorganiz ation of Chapter 70. § 70.35. Animal Fighting. (a) No person shall cause, sponsor, aid, abet, arra nge, hold, or encourage any animal to fight, menace, or injure another animal for the purpose of sport, amusement, or pecuniary g ain.

al Fighting. (a) No person shall cause, sponsor, aid, abet, arra nge, hold, or encourage any animal to fight, menace, or injure another animal for the purpose of sport, amusement, or pecuniary g ain. This Section does not apply to cockfighting that is auth orized by law. (b) For the purposes of this Section, a person enco urages an animal to fight, menace or injure another animal fo r the purpose of sport, amusement, or pecuniary gain, if the pers on: (1) is knowingly present at or wagers on such an occurrence of fighting, menacing, or injuring for t he purpose of sport, amusement, or pecuniary gain; (2) owns, trains, transports, possesses, has custod y or control of, breeds, or equips an animal with the in tent that such animal will be engaged in such an occurrence o f COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 9 fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; (3) knowingly allows any such occurrence of fightin g, menacing, or injuring for the purpose of sport, amu sement, or pecuniary gain to occur on any property owned or controlled by the person; (4) knowingly allows any animal to be used for such an occurrence

cing, or injuring for the purpose of sport, amu sement, or pecuniary gain to occur on any property owned or controlled by the person; (4) knowingly allows any animal to be used for such an occurrence of fighting, menacing, or injuring fo r the purpose of sport, amusement, or pecuniary gain to b e kept, boarded, housed, or trained on, or transported in, any property owned or controlled by the person; (5) knowingly advertises or uses any means of communication for the purpose of promoting such an occurrence of fighting, menacing, or injuring for t he purpose of sport, amusement, or pecuniary gain; or (6) knowingly possesses, owns, buys, sells, transfe rs, or manufactures any animal used for fighting, menac ing, or injuring for the purpose of sport, amusement, or pe cuniary gain; or any device intended to train or enhance th e animal’s fighting, menacing or injuring ability for the purp ose of sport, amusement, or pecuniary gain. (c) Any violation of Subsection (a) of this Section shall constitute Animal Fighting, which is a third degree felony. (d) Notwithstanding any other provision of law, the penalty for a violation of Subsection (a) of this Section s hall be confinement in a

ll constitute Animal Fighting, which is a third degree felony. (d) Notwithstanding any other provision of law, the penalty for a violation of Subsection (a) of this Section s hall be confinement in a correctional facility in accordanc e with Article 2 of 9 GCA Chapter 80 and a fine of not less than Fiv e Thousand Dollars ($5,000) and no more than Fifteen Thousand Dollars ($15,000), or both, per violation. Additionally, an y person convicted of any violation of this Section may be s ubject to seizure of any personal property, including vehicles, and r eal property at which the animal fight was staged. (e) Nothing in this Section shall constitute a proh ibition or ban on the possession, lawful importation/exportati on, breeding, or selling of any breed of dog. (f) Veterinarians and/or physicians and/or health COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 10 professionals are required to report suspected anim al fighting incidents, excluding cockfighting as authorized by law, that come to their attention through the provision of medical services to an animal to the Guam Police Department within five (5 ) days of learning of animal fighting incidents.

as authorized by law, that come to their attention through the provision of medical services to an animal to the Guam Police Department within five (5 ) days of learning of animal fighting incidents. Failure to d o so shall result in potential loss of licensure if deemed appropriat e by the appropriate licensure agencies. Any veterinarians, physicians, or health professionals making a report under this Sub section shall be immune from any civil or criminal liability by r eason of making the report, unless the report was made in bad faith . SOURCE: Added as § 70.10.5 by P.L. 35-144:2 (Jan. 22, 2021 ), renumbered to § 70.35 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. Past publications of the GCA included § 70.11 entitled ' Dogfighting: Defined: Penalty,' which had been added by P.L. 29- 096 (July 22, 2008) and was apparently implicitly repealed by P.L . 35-144:2 (Jan. 22, 2021) This provision was formerly entitled 'Invasion of P rivacy or Criminal Voyeurism and Video Voyeurism; Penalty; De finitions.'; it was renumbered to § 28.70 by the Compiler as par t of the reorganization of Chapter 70. § 70.40.

entitled 'Invasion of P rivacy or Criminal Voyeurism and Video Voyeurism; Penalty; De finitions.'; it was renumbered to § 28.70 by the Compiler as par t of the reorganization of Chapter 70. § 70.40. Sexual Assault of an Animal. (a) A person commits the crime of Sexual Assault of an Animal if the person knowingly: (1) touches or contacts, or causes an object or ano ther person to touch or contact, the mouth, anus, or sex organs of an animal or animal carcass for the purpose of arou sing or gratifying the sexual desire of a person; or (2) causes an animal or animal carcass to touch or contact, the mouth, anus, or sex organs of a person for the purpose of arousing or gratifying the sexual desire of a person. (b) Sexual Assault of an Animal is a third degree f elony. (c) Each act in violation of Subsection (a) of this Section shall constitute a separate offense. SOURCE: Added as § 70.10.6 by P.L. 35-144:2 (Jan. 22, 2021 ) , renumbered to § 70.40 by the Compiler pursuant to 1 GCA § 1606. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 11 2021 NOTE: This offense did not exist under prior Guam law.

, renumbered to § 70.40 by the Compiler pursuant to 1 GCA § 1606. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 11 2021 NOTE: This offense did not exist under prior Guam law. This provision was formerly entitled 'Unlawful Use of Telephone; Defined & Punished'; it was renumbered to § 70.430 by the Compiler as part of the reorganization of Chapter 7 0. § 70.45. Bodily Alterations, Disablements, or Remov als. (a) It is unlawful for any person to remove or perm anently alter or disable, or cause or procure to be removed or permanently altered or disabled, any part or organ, or the func tion of any part or organ, of an animal, except as necessary for pro per and lawful veterinary care, population control, or good animal husbandry; provided, that population control or good animal hu sbandry is under the supervision or instruction of a licensed veterinarian, and: (1) all surgical procedures must be performed or supervised by a licensed veterinarian in accordance with the American Veterinarian Medical Association policy, a nd the veterinarian shall counsel pet owners about the mat ter before agreeing to perform these surgeries and shall recor d said consultation

h the American Veterinarian Medical Association policy, a nd the veterinarian shall counsel pet owners about the mat ter before agreeing to perform these surgeries and shall recor d said consultation in the pet’s record; and (2) any person performing procedures for population control of livestock or good animal husbandry for l ivestock may do so without direct supervision of a licensed veterinarian; provided, that said person has been p roperly trained by a licensed veterinarian and properly con ducts said procedures in accordance with generally accepted in dustry standards. (b) A violation of Subsection (a) of this Section i s a misdemeanor. (c) Each act in violation of Subsection (a) of this Section shall constitute a separate offense. SOURCE: Added as § 70.10.7 by P.L. 35-144:2 (Jan. 22, 2021 ), renumbered to § 70.45 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. This provision was formerly entitled 'Declaration o f Policy' under Article 2; it was renumbered to § 70.210 by the Com piler as part of the reorganization of Chapter 70. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 12 § 70.50.

Policy' under Article 2; it was renumbered to § 70.210 by the Com piler as part of the reorganization of Chapter 70. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 12 § 70.50. Animal Abandonment. (a) A person commits the offense of Animal Abandonm ent if the person intentionally, knowingly, or reckless ly leaves a domestic animal at a location without providing for the animal’s minimum care as defined in § 70.10.1(g) of this Art icle. (b) Animal Abandonment is a violation that shall be subject to a fine of not more than Five Hundred Dollars ($5 00). (c) Each act in violation of Subsection (a) of this Section shall constitute a separate offense. SOURCE: Added as § 70.10.8 by P.L. 35-144:2 (Jan. 22, 2021 ), renumbered to § 70.50 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: Past publications of the GCA included § 70.10.2 entitled 'Animal Abandonment' which had been added by P.L. 31- 005:6 (Mar. 9, 2011) and was apparently implicitly repealed by P.L. 35-144 (Jan. 22, 2021). This provision was formerly entitled 'Other Remedie s' under Article 2; it was renumbered to § 70.260 by the Com piler as part of the reorganization of Chapter 70. § 70.55.

L. 35-144 (Jan. 22, 2021). This provision was formerly entitled 'Other Remedie s' under Article 2; it was renumbered to § 70.260 by the Com piler as part of the reorganization of Chapter 70. § 70.55. Failure of a Motorist to Render Aid to an Injured Animal. (a) A person who, while operating a motor vehicle, knowingly injures or kills a cat, dog, or livestock , excluding chickens, shall stop and render such assistance as may be possible and safe to provide, and shall immediately report s uch injury or death to the animal’s owner. In the event the owner cannot be ascertained and located, or it is unsafe to make co ntact with the animal’s owner, the operator of the motor vehicle s hall immediately report the accident and location to a p eace officer or animal control officer. (b) A violation of Subsection (a) of this Section s hall be punishable by a fine of not more than Three Hundred Dollars ($300) per offense. SOURCE: Added as § 70.10.9 by P.L. 35-144:2 (Jan. 22, 2021 ), renumbered to § 7055 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. § 70.60.

ense. SOURCE: Added as § 70.10.9 by P.L. 35-144:2 (Jan. 22, 2021 ), renumbered to § 7055 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. § 70.60. Leaving Animals Unattended in Motor Vehicl es; COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 13 Penalty; Authority of Officers. (a) For the purposes of this Section: (1) Vehicle means a car, truck, camper, trailer, or other form of transportation in which an animal can be tr ansported. (2) Extreme temperature means an extremely cold or high temperature, inside or outside of a vehicle, t hat could endanger an animal’s health, safety, or well-being. (b) A person shall not confine an animal in a vehic le in a manner that could reasonably be expected to threate n the health, safety, and well-being of the animal due to conditi ons that include, but are not limited to, extreme temperatures, lack of adequate ventilation, lack of food or water, or confinement with a vicious or dangerous animal, or other circumstances that co uld reasonably be expected to cause suffering, disability, physica l injury, or death to the animal.

f food or water, or confinement with a vicious or dangerous animal, or other circumstances that co uld reasonably be expected to cause suffering, disability, physica l injury, or death to the animal. (c) After making reasonable efforts to locate the v ehicle’s owner, an animal control officer, peace officer, la w enforcement officer, or firefighter may enter a vehicle by any reasonable means to protect the health, safety and well-being of an animal who is endangered by confinement in a vehicle. A peace off icer, law enforcement officer, animal control officer, or fir efighter may enter the vehicle for the sole purpose of assisting the animal and may not search the vehicle or seize items found in the vehicle unless otherwise permitted by law. (d) An animal control officer, peace officer, law enforcement officer, or firefighter who removes or otherwise retrieves an animal under this Section shall: (1) leave written notice in a secure and conspicuou s location on or in the vehicle bearing the officer’s or firefighter’s name and title, and the address of th e location where the animal may be retrieved; and (2) take the animal to a veterinary clinic or anima l shelter for a health

aring the officer’s or firefighter’s name and title, and the address of th e location where the animal may be retrieved; and (2) take the animal to a veterinary clinic or anima l shelter for a health screening and treatment. (e) An animal control officer, peace officer, law enforcement officer, or firefighter who removes or otherwise COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 14 retrieves an animal from a vehicle under this Secti on shall be immune from criminal or civil liability that might otherwise result from the removal. (f) Penalties. (1) A person in violation of Subsection (b) of this Section shall be subject to a fine of not more than Five Hundred Dollars ($500). (2) The owner may retrieve the animal removed by an officer or firefighter only after payment of all ch arges that have accrued for the maintenance, care, medical tre atment, and impoundment of the animal. SOURCE: Added as § 70.10.10 by P.L. 35-144:2 (Jan. 22, 202 1), renumbered to § 70.60 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. § 70.65. Defenses; Exceptions.

70.10.10 by P.L. 35-144:2 (Jan. 22, 202 1), renumbered to § 70.60 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. § 70.65. Defenses; Exceptions. (a) It is an affirmative defense in a prosecution f or violation of animal abuse under § 70.25 (a) of this Article i f: (1) the defendant reasonably and humanely caused th e death of the animal to end its immediate and intrac table suffering; or (2) the animal posed a present and immediate danger to the safety of people, and the defendant took rea sonable measures necessary to protect against serious bodil y harm, or death, to themselves or other people, livestock, or domestic animals. (b) Ownership shall not be a defense. (c) Guardianship shall not be a defense. (d) Trespass by an animal shall not be a defense. (e) Corporations and other nonhuman legal entities may be concurrently charged for acts in violation of any a nimal protection offense committed by their employees or agents when the act is committed in the normal course and scope of the emp loyment or agency. (f) It is no defense to the crime of animal abandon ment that COL11/30/20229 GCA CRIMES AND CORRECTIONS CH.

ents when the act is committed in the normal course and scope of the emp loyment or agency. (f) It is no defense to the crime of animal abandon ment that COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 15 the defendant abandoned the animal at or near an an imal shelter, veterinary clinic, or other place of shelter if the defendant did not make reasonable arrangements for the care of the an imal. (g) Sections 70.10 to 70.85 of this Article shall n ot apply to: (1) the proper shooting or taking of game in such manner and at such times as is allowed or provided by the laws of Guam; (2) cockfighting in a manner and at such times and places as are authorized by law; (3) the proper killing of animals used for food, ex cept for dogs and cats, in accordance with the law; (4) the proper disinfestation of rodents and brown tree snakes; (5) animals properly used for education or research purposes by, or under the oversight of, the Guam Co mmunity College or the University of Guam; provided, that p roper Institutional Review Board procedures and all appli cable local and federal laws are followed; (6) euthanasia as properly conducted by a licensed veterinarian, or

sity of Guam; provided, that p roper Institutional Review Board procedures and all appli cable local and federal laws are followed; (6) euthanasia as properly conducted by a licensed veterinarian, or individual authorized by § 70.70 o f this Article, and done in accordance with local law and generally accepted industry practice; (7) the proper disinfestation of animals deemed a disease vector and threat to public health by the D epartment of Public and Social Services; provided, that disin festation is done in accordance with established procedures appr oved by said Department; (8) the proper disinfestation of species deemed invasive to Guam by the Guam Invasive Species Counc il; provided, that disinfestation is done in accordance with established procedures approved by said Council. (A) Subsection (g)(8) of this Section shall not pertain to cats or dogs, except as authorized by th e Director of the Department of Agriculture, and such disinfestation efforts are done in accordance with COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 16 accepted practices of veterinary medicine and procedures approved by the Council. SOURCE: Added as § 70.10.11 by P.L.

nce with COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 16 accepted practices of veterinary medicine and procedures approved by the Council. SOURCE: Added as § 70.10.11 by P.L. 35-144:2 (Jan. 22, 202 1), renumbered to § 70.65 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. § 70.70. Euthanasia Procedures. (a) Unless otherwise authorized by law, sodium pentobarbital and such other agents as may be speci fically approved by the Guam Board of Allied Health Examine rs shall be the only methods used for euthanasia of an animal. A lethal solution shall be used in the following order of pr eference: (1) intravenous injection by hypodermic needle; (2) intraperitoneal injection by hypodermic needle; (3) intracardial injection by hypodermic needle, bu t only if performed on heavily sedated, anesthetized, or comatose animals; or (4) solution or powder added to food. (b) An animal may be tranquilized with an approved and humane substance before euthanasia is performed. (c) Succinylcholine chloride, curare, curariform mi xtures, strychnine, nicotine, chloral hydrate, magnesium, p otassium, or any substance which acts

humane substance before euthanasia is performed. (c) Succinylcholine chloride, curare, curariform mi xtures, strychnine, nicotine, chloral hydrate, magnesium, p otassium, or any substance which acts as a neuromuscular blockin g agent, or any chamber which causes a change in body oxygen, m ay not be used on any animal for the purpose of euthanasia. (d) Euthanasia shall be performed only by a license d veterinarian, trained animal control officers, or a n employee or agent, in accordance with § 121906 of Article 19, P art 2, Chapter 12, Title 10, Guam Code Annotated. (e) An animal may not be left unattended between th e time euthanasia procedures are first begun and the time that death occurs, and the animal’s body may not be disposed o f until a licensed veterinarian, or person, as authorized by § 121906 of Article 19, Part 2, Chapter 12, Title 10, Guam Code Annotated, confirms death. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 17 (f) Notwithstanding the provisions of this Section or any other law to the contrary, whenever an emergency si tuation exists which requires the immediate euthanasia of a seriou sly injured, dangerous, or severely diseased

e provisions of this Section or any other law to the contrary, whenever an emergency si tuation exists which requires the immediate euthanasia of a seriou sly injured, dangerous, or severely diseased animal, a peace off icer or veterinarian may humanely destroy the animal. (g) The remains of the euthanized animal shall be p roperly disposed of in accordance with Guam law. (h) Any violation of this Section is a misdemeanor. (i) Each act or omission in violation of this Secti on shall constitute a separate offense. SOURCE: Added as § 70.10.12 by P.L. 35-144:2 (Jan. 22, 202 1), renumbered to § 70.70 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. § 70.75. Pre-Trial Provisions. (a) Reporting and Immunity. (1) The following designees, having a good-faith belief that any animal with whom the designee comes in contact has suffered a violation of this Article or that any person with whom the designee comes in contact has committed a violation of this Article, may report, or cause a report to be made to the Animal Control Division of the Department of Agriculture: (A) a police officer; or (B) a licensed social worker.

committed a violation of this Article, may report, or cause a report to be made to the Animal Control Division of the Department of Agriculture: (A) a police officer; or (B) a licensed social worker. (2) Any designee making a report under this Subsection shall not be required to report such inf ormation communicated by a person if the communication is privileged under Guam law. (3) Any designee making a report under this Subsection shall be immune from any civil or crimin al liability by reason of making the report, unless th e report was made in bad faith. (b) Law Enforcement Policies. (1) All officers as defined in § 70.15 of this Arti cle COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 18 have the duty and responsibility to enforce this Ar ticle to the extent authorized by law. (2) All volunteer animal control officers, voluntee r conservation officers, or similar volunteer law enf orcement officers, whose positions are established by the go vernment of Guam, have the duty and responsibility to enforc e this Article to the extent authorized by law. (c) Seizure. (1) Search and Seizure With a Warrant.

se positions are established by the go vernment of Guam, have the duty and responsibility to enforc e this Article to the extent authorized by law. (c) Seizure. (1) Search and Seizure With a Warrant. If there is probable cause to believe that an animal is being s ubjected to treatment in violation of this Article, an officer, after obtaining a search warrant, shall enter the premise s where the animal is located and seize the animal. (2) Search and Seizure Without a Warrant. If an off icer witnesses a situation in which the officer determin es that an animal’s life is in jeopardy and immediate action i s required to protect the animal’s health or safety, the offic er may seize the animal without a warrant. The officer shall imm ediately take an animal seized under this Subsection to a li censed veterinarian or animal shelter for medical attentio n to stabilize the animal’s condition and to assess the health of the animal. (3) Any person or facility receiving an animal seiz ed pursuant to this Subsection shall provide the anima l with minimum care. (4) An officer shall not be liable for any damages for an entry under this Subsection.

or facility receiving an animal seiz ed pursuant to this Subsection shall provide the anima l with minimum care. (4) An officer shall not be liable for any damages for an entry under this Subsection. (5) Any guardian of an animal that is impounded pursuant to this Subsection shall, within seventy-t wo (72) hours following the seizure, be given written notic e of the seizure and legal remedies available to the guardia n. The written notice shall be posted at the place of seiz ure, or delivered to an employee at the place of impoundmen t, or by registered mail if the guardian is known. (6) The guardian from whom an animal is seized pursuant to this Subsection shall, within seventy-t wo (72) COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 19 hours following the seizure, be given written notic e of the seizure and legal remedies available to the guardia n. The notice shall, at a minimum, be given by posting at the place of seizure, or by delivery to a person residing or working at the place of seizure, or by certified mail. Such no tice shall include: (A) the name, business address, and telephone number of the law enforcement entity responsible fo r seizing the

g or working at the place of seizure, or by certified mail. Such no tice shall include: (A) the name, business address, and telephone number of the law enforcement entity responsible fo r seizing the animal; (B) a description of the seized animal; (C) the authority and purpose for the seizure, including the time, place, and circumstance under w hich the animal was seized; and (D) a statement that the guardian is responsible fo r the cost of care for an animal who was lawfully sei zed, and that the guardian will be required to post a bo nd with the court to defray the cost of care or the animal will be deemed forfeited. (d) Costs-of-Care Bonds. (1) An animal that has been impounded pending outcome of a criminal case, including charges under this Article, may prevent disposition of the animal by a caregiving agency that has temporary custody of the animal by posting a bond with the court in an amount the c ourt determines is sufficient to provide for the animal’ s minimum care for at least thirty (30) days, including the d ay on which the animal was taken into custody. (A) Such bond shall be filed with the court within ten (10) days after the animal is impounded.

imum care for at least thirty (30) days, including the d ay on which the animal was taken into custody. (A) Such bond shall be filed with the court within ten (10) days after the animal is impounded. If a b ond is not so posted, the animal shall be deemed forfeited and the custodial caregiving agency shall determine fin al disposition of the animal in accordance with reason able practices for the humane treatment of animals. At t he end of the time for which expenses are covered by t he bond, if the owner, guardian, or person in possessi on of an animal, desires to prevent disposition of the an imal COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 20 by the custodial caregiving agency, a new bond shal l be posted with the court within ten (10) days followin g the prior bond’s expiration. (B) If a new bond is not so posted, the animal shal l be deemed forfeited and the custodial caregiving ag ency shall determine final disposition of the animal in accordance with reasonable practices for the humane treatment of animals. (C) However, nothing in this Subsection shall prohibit the immediate disposition of the animal by euthanasia if, in the opinion of a licensed

reasonable practices for the humane treatment of animals. (C) However, nothing in this Subsection shall prohibit the immediate disposition of the animal by euthanasia if, in the opinion of a licensed veterin arian, the animal is experiencing intractable extreme pain or suffering. The guardian shall be liable for all cos ts of providing minimum care, or disposal of the animal. (2) If a bond has been posted in accordance with Subsection (d)(1) of this Section, the custodial ca regiving agency may draw from the bond the actual reasonable costs incurred by the agency in providing minimum care to the seized animal from the date of initial seizure to t he date of final disposition of the animal in the criminal act ion. (e) Protective Orders. (1) A mandatory restraining order is created agains t any person charged with a felony under this Article . (2) The order may remain in effect from the time th at the defendant is advised of their rights at arraign ment or the defendant’s first appearance before the court and i nformed of such order, until final disposition of the action. (3) The order may restrain the defendant from contacting, harassing, molesting, intimidating, ret aliating

earance before the court and i nformed of such order, until final disposition of the action. (3) The order may restrain the defendant from contacting, harassing, molesting, intimidating, ret aliating against, or tampering with: (A) any animal(s) victimized by the acts charged; (B) any guardian or owner, other than the defendant, of such animal(s); or (C) any witness to the acts charged. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 21 (4) Any restraining order issued pursuant to Subsection (e) of this Section, shall be on a stand ardized form prescribed by the Superior Court of Guam. (5) A copy of the restraining order shall be provid ed to the protected parties. (6) The court may include an animal in any protecti ve order authorized by this Article. SOURCE: Added as § 70.10.13 by P.L. 35-144:2 (Jan. 22, 202 1), renumbered to § 70.75 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: Subsection designations added pursuant to authori ty granted by 1 GCA § 1606. This provision did not exist under prior Guam law. § 70.80. Sentencing Provisions. (a) Community Service.

606. 2021 NOTE: Subsection designations added pursuant to authori ty granted by 1 GCA § 1606. This provision did not exist under prior Guam law. § 70.80. Sentencing Provisions. (a) Community Service. In addition to any other sen tence it may impose, the court may order the defendant to pa rticipate in community service. No such participation shall occu r at any humane society, animal shelter, or other facility w here an animal is present, unless first approved by said organizat ion. (b) Evaluation & Treatment. (1) In addition to any other sentence it may impose , the court shall order the defendant convicted of a felo ny crime under this Article to undergo a psychiatric, psycho logical, or mental health evaluation, and if warranted by the c ondition of the defendant, shall order the defendant to unde rgo appropriate care or treatment. (3) Treatment may include, but is not limited to, counseling and humane education classes. (4) Treatment may be conducted in-person or online. (5) All costs of the evaluation, care and treatment shall be borne by the defendant. However, if the court de termines that the defendant is indigent, the government of G uam may provide access to government

costs of the evaluation, care and treatment shall be borne by the defendant. However, if the court de termines that the defendant is indigent, the government of G uam may provide access to government funded or government contracted service providers, if available. (c) Education. The Department of Agriculture shall make COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 22 available educational material and information rega rding proper animal care and welfare to the defendant. At a mini mum, such information shall be made available in printed form or online, as deemed appropriate by the Department of Agriculture . (d) Forfeiture. In addition to any other sentence i t may impose, the court shall require a defendant convict ed under this Article to forfeit all legal interest of the defend ant in the animal subjected to the violation. The court shall award a ll such interest to the animal to a caregiving agency. (e) Contact with Animals. (1) In addition to any other penalty imposed by law , a court may require a defendant convicted of a felony under this Article to not own, possess, or have custody o r control of any animal for a minimum period of five (5) years o

nalty imposed by law , a court may require a defendant convicted of a felony under this Article to not own, possess, or have custody o r control of any animal for a minimum period of five (5) years o n a first offense; and for a minimum period of fifteen (15) y ears on a second or subsequent offense. (2) A violation of this Subsection is a petty misdemeanor and shall result in the forfeiture of t he offender’s interest in the animal. (3) Notwithstanding any other provision of law, an officer may immediately seize any animal found to b e kept in violation of this Subsection. (f) Reimbursement of Costs to Caregiving Agency. I n addition to any other sentence it may impose, the c ourt shall require a defendant convicted under this Article to repay all reasonable costs incurred by any person or organiza tion prior to judgment in seizing and providing minimum care for each animal subjected to mistreatment in violation of this Arti cle. (g) Restitution to Guardian. In addition to any oth er sentence it may impose, the court shall order that restitution be made by a defendant convicted under this Article to the guardian of any animal subjected to mistreatment by the defe ndant in

oth er sentence it may impose, the court shall order that restitution be made by a defendant convicted under this Article to the guardian of any animal subjected to mistreatment by the defe ndant in violation of this Article. The measure for restitut ion shall be the actual pecuniary value of such loss, including, but not limited to, the actual veterinary expenses, special supplies, a nd other costs incurred by the animal’s guardian in treating the a nimal and in COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 23 attempting to restore the animal to good health or to otherwise ameliorate the effects of the criminal violation. SOURCE: Added as § 70.10.14 by P.L. 35-144:2 (Jan. 22, 202 1), renumbered to § 70.80 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. § 70.85. Civil Right of Action for the Wrongful Inj ury or Death of an Animal. (a) Any person who, with no lawful authority, inten tionally, knowingly, recklessly, or with criminal negligence causes physical injury to, or the death of, an animal shal l be liable to the animal’s guardian for the damages sustained by the guardian.

tionally, knowingly, recklessly, or with criminal negligence causes physical injury to, or the death of, an animal shal l be liable to the animal’s guardian for the damages sustained by the guardian. The guardian of the animal may bring a civil action to recover such damages. Damages may include the pecuniary value of the animal; veterinary expenses incurred on behalf of t he animal; any other expenses incurred by the guardian in attempti ng to ameliorate the effects of, or as a consequence of, the pain, suffering or injuries of the animal; any emotional distress and loss of companionship suffered by the guardian; all cour t costs and reasonable attorney’s fees incurred in the prosecut ion of any action under this Section; and any other reasonable damages resulting from the physical injury or death of the animal. (b) Restraining orders and other injunctive relief may be issued by the Superior Court of Guam as appropriate . (c) The remedies provided in this Section are in ad dition to, and do not replace or supplant, any other remedies allowed by law. (d) Commencement of a cause of action under this Se ction shall be brought within three (3) years from the da te on which damages

o, and do not replace or supplant, any other remedies allowed by law. (d) Commencement of a cause of action under this Se ction shall be brought within three (3) years from the da te on which damages were first identified by the guardian. SOURCE: Added as § 70.10.15 by P.L. 35-144:2 (Jan. 22, 202 1), renumbered to § 70.85 by the Compiler pursuant to 1 GCA § 1606. 2021 NOTE: This offense did not exist under prior Guam law. ---------- COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 24 ARTICLE 2 DISCRIMINATION IN HOUSING ACCOMMODATIONS SOURCE: This entire Article was added as §§ 70.45 to 70.51 by P.L. 16- 054 (Dec. 31, 1981), effective 90 days after enactm ent. 2021 NOTE: Purusant to the authority of 1 GCA § 1606, the en tire article was renumbered by the Compiler as part of the reorg anization of Chapter 70. § 70.210. Declaration of Policy. § 70.220. Definitions. § 70.230. Unlawful Practices. § 70.240. Exemptions. § 70.250. Procedure. § 70.260. Other Remedies. § 70.270. Penalties. § 70.210. Declaration of Policy. It is hereby declared to be the policy of the terri tory of Guam in the exercise of its police power for the public safety, public health and general

.270. Penalties. § 70.210. Declaration of Policy. It is hereby declared to be the policy of the terri tory of Guam in the exercise of its police power for the public safety, public health and general welfare to assure equal opportun ity to all persons to live in decent housing facilities regard less of race, color, religion, sex or national origin and, to tha t end, to prohibit discrimination in housing by any person. § 70.220. Definitions. When used in this Article: (a) Discrimination or discriminatory housing practi ce means any difference in treatment based upon race, color, religion, sex or national origin, or any act that i s unlawful under this Article; (b) Financial institution includes any person, as d efined herein, engaged in the business of lending money or guaranteeing losses; (c) Housing accommodation or dwelling means any building, mobile home or trailer, structure or port ion thereof which is occupied as or designed, or intended for o ccupancy as a residence by one or more families, and any vac ant land COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 25 which is offered for sale or lease for the construc tion or location thereon of any such

r more families, and any vac ant land COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 25 which is offered for sale or lease for the construc tion or location thereon of any such building, mobile home or trailer, structure or portion thereof, or any real property, as defined herein, used or intended to be used for any of the purposes set forth in this Subsection; (d) Mortgage broker means an individual who is engaged in or who performs the business or services of a mortgage broker as the same are defined in the Gove rnment Code; (e) Open market means the market which is informed of the availability for sale, purchase, rental or leas e of any housing accommodation, whether informed through a r eal estate broker or by advertising by publication, sig ns or by any other advertising methods directed to the public or any portion thereof, indicating that the property is av ailable for sale, purchase, rental or lease; (f) Owner includes a lessee, sub-lessee, cotenant, assignee, managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation; (g) Person includes individuals, children, firms,

assignee, managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation; (g) Person includes individuals, children, firms, associations, joint adventures, partnerships, estat es, trusts, business trusts, syndicates, fiduciaries, corporati ons and all other groups or combinations; (h) Real property includes buildings, structures, l ands, tenements, leaseholds, cooperatives and condominium s; and (i) Real estate broker or real estate salesman incl udes any individual, qualified by law, who, for a fee, c ommission, salary or for other valuable consideration, or who with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents or leases any housing accommodations, including options thereupon, or who negotiates or attempts to negotiate such activities ; or who advertises or holds himself out as engaged in such activities; or who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of a ny housing accommodation; or who is engaged in the bus iness COL11/30/20229 GCA CRIMES AND CORRECTIONS CH.

attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of a ny housing accommodation; or who is engaged in the bus iness COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 26 of charging an advance fee or contracting for colle cting of a fee in connection with a contract whereby he undert akes or promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employ ed by or acting on behalf of any of these. NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 70.230. Unlawful Practices. In connection with any of the transactions set fort h in this Section, which affect any housing accommodation on the open market or in connection with any public sale, purch ase, rental or lease of any housing accommodation, it shall be unl awful within the Territory for a person, owner, financial instit ution, real estate broker or real estate salesman, or any representati ve of the above, to: (a) refuse to sell, purchase, rent or lease, or den y to or

Territory for a person, owner, financial instit ution, real estate broker or real estate salesman, or any representati ve of the above, to: (a) refuse to sell, purchase, rent or lease, or den y to or withhold any housing accommodation from a person be cause of his race, color, religion, ancestry, national or igin, sex or place of birth; (b) to discriminate against a person in the terms, conditions or privileges of the sale, purchase, ren tal or lease of any housing accommodation, or in the furnishing of facilities of services in connection therewith; (c) to refuse to receive or transmit a bona fide of fer to sell, purchase, rent or lease any housing accommoda tion from or to a person because of his race, color, rel igion, ancestry, national origin, sex or place of birth; (d) to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person beca use of his race, color, religion, ancestry, national origi n, sex or place of birth; (e) to represent to a person that any housing accommodation is not available for inspection, sale , purchase, rental or lease when in fact it is so ava ilable, or to COL11/30/20229 GCA CRIMES AND CORRECTIONS CH.

sent to a person that any housing accommodation is not available for inspection, sale , purchase, rental or lease when in fact it is so ava ilable, or to COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 27 refuse to permit a person to inspect any housing accommodation, because of his race, color, religion or national origin, sex or place of birth; (f) to make, publish, print, circulate, post or mai l, or cause to be made, published, printed, circulated, p osted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form or a pplication for the sale, purchase, rental, lease or financing of any housing accommodation, or to make a record of inqui ry in connection with the prospective sale, purchase, ren tal, lease or financing of any housing accommodation, or to ma ke a record of inquiry in connection with the prospectiv e sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination o r any intent to make a discrimination; (g) to offer, solicit, accept or use a listing of a ny housing accommodation for sale, purchase, rental or lease w ith the understanding that a person

ination o r any intent to make a discrimination; (g) to offer, solicit, accept or use a listing of a ny housing accommodation for sale, purchase, rental or lease w ith the understanding that a person may be subjected to discrimination in connection with such sale, purcha se, rental or lease, or in the furnishing of facilities or ser vices in connection therewith; (h) to induce directly or indirectly, or attempt to induce directly or indirectly, the sale, purchase, rental or lease, or the listing for any of the above, of any housing accomm odation by representing that the presence or anticipated pr esence of persons of any particular race, color, religion, se x or national origin or place of birth in the area to be affected by such sale, purchase, rental or lease will or may result in eit her: (1) the lowering of property values in the area; (2) an increase in criminal or antisocial behavior in the area; or (3) a decline in the quality of schools serving the area; (i) to make any misrepresentations concerning the listing for sale, purchase, rental or lease, or the anticipated listing for any of the above, or the sale, purchase , rental or COL11/30/20229 GCA CRIMES AND CORRECTIONS

epresentations concerning the listing for sale, purchase, rental or lease, or the anticipated listing for any of the above, or the sale, purchase , rental or COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 28 lease of any housing accommodation in any area in t he Territory for the purpose of including or attemptin g to induce any such listing or any of the above transactions; (j) to engage in, or hire to be done, or to conspir e with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest o r create or play upon fear, with the purpose of either discoura ging or inducing, or attempting to induce, the sale, purcha se, rental or lease, or the listing for any of the above, of a ny housing accommodation; (k) to retaliate or discriminate in any manner agai nst a person because he has opposed a practice declared u nlawful by this Article, or because he has filed a complain t, testified, assisted or participated in any manner in any inves tigation, proceeding, hearing or conference under this Articl e; (l) to aid, abet, incite, compel or coerce any pers on to engage in any of the practices prohibited by this A

any manner in any inves tigation, proceeding, hearing or conference under this Articl e; (l) to aid, abet, incite, compel or coerce any pers on to engage in any of the practices prohibited by this A rticle, or to obstruct or prevent any person from complying wi th the provisions of this Article, or any order issued the reunder; (m) by canvassing, to commit any unlawful practices prohibited by this Article; (n) otherwise to deny to, or withhold any housing accommodation from a person because of his race, co lor, religion, ancestry, national origin, sex or place o f birth; (o) for any bank, savings and loan association, ins urance company or other corporation, association, firm or enterprise whose business consists in whole or in part, in the making of commercial real estate loans, to deny a loan or oth er financial assistance to a person applying therefor for the pu rpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration or ot her terms or conditions of such loans or other financial assista nce, because of the race, color, religion, sex or nation al origin of such person

fixing of the amount, interest rate, duration or ot her terms or conditions of such loans or other financial assista nce, because of the race, color, religion, sex or nation al origin of such person or of any person associated with him in connection with such loan or other financial assist ance or the purposes of such loan or other financial assistance or of the COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 29 present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which s uch loan or other financial assistance is to be made or given; or (p) to deny any qualified person access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service , organization or facility relating to the business o f selling or renting dwellings, or to discriminate against him i n the terms or conditions of such access, membership or partici pation on account of race, color, religion, sex or national o rigin. NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 70.240. Exemptions.

eligion, sex or national o rigin. NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 70.240. Exemptions. This Article shall not apply to: (a) a religious organization, association or societ y or any nonprofit institution or organization operating, su pervised or controlled by or in conjunction with a religious or ganization, association or society, which limits the sale, rent al or occupancy of dwellings which it owns or operates fo r other than commercial purposes to persons of the same rel igion, or which gives preference to such persons, unless memb ership in such a religion is restricted on account of race , color, sex or national origin; (b) a private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members; (c) any single-family house sold or rented by an ow ner; provided, that such private individual owner does n ot own more than three (3) such single-family

members or gives preference to its members; (c) any single-family house sold or rented by an ow ner; provided, that such private individual owner does n ot own more than three (3) such single-family houses at an y one time; provided further, that in the case of the sal e of any such single-family house by a private individual owner n ot residing in such house at the time of such sale or who was not the most recent resident of such house prior to suc h sale, the COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 30 exemption granted by this Subsection shall apply on ly with respect to one such sale within any twenty-four mon th period; provided further, that such bona fide priva te individual owner does not own any interest in, nor is there owned or served on his behalf, under any express or voluntary agreement, title to or any right to all o r a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one time; provided further, that the sale or rental of any such single-family h ouse shall be excepted from the application of this Article on ly if such house is sold or rented: (1) without the use in any manner of

ed further, that the sale or rental of any such single-family h ouse shall be excepted from the application of this Article on ly if such house is sold or rented: (1) without the use in any manner of the sales or rental facilities or the sales or rental services o f any real estate broker, agent or salesman, or of such facili ties or services of any person in the business of selling o r renting dwellings, or of any employee or agent or a ny such broker, agent, salesman or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or written notic e in violation of the provisions of § 70.47 of this Code ; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title compan ies and other such professional assistance as necessary to perfect or transfer the title; or (d) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently or each othe r, if the owner actually maintains and occupies one of such l iving quarters as his residence.

occupied or intended to be occupied by no more than four (4) families living independently or each othe r, if the owner actually maintains and occupies one of such l iving quarters as his residence. NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 70.250. Procedure. Any person aggrieved by an unlawful practice prohib ited by this Article may file a complaint with the Attorney General within thirty (30) days after the aggrieved person becomes aware of the alleged unlawful practice, and in no event shall ex ceed more than COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 31 sixty (60) days after the alleged unlawful practice occurred. The Attorney General or his duly authorized representat ive shall investigate each complaint and attempt to resolve s uch complaint. Failure to achieve a resolution acceptable to both parties and in compliance with this Article shall cause the Attorn ey General to commence prosecution. § 70.260. Other Remedies. Nothing herein contained shall prevent any person f rom exercising any right or seeking any remedy to which he might otherwise

the Attorn ey General to commence prosecution. § 70.260. Other Remedies. Nothing herein contained shall prevent any person f rom exercising any right or seeking any remedy to which he might otherwise be entitled. § 70.270. Penalties. Any person violating any provision of this Article shall, upon conviction thereof, be guilty of a misdemeanor. ---------- ARTICLE 3 THE GUAM SOCIAL HOST ACT AND POSSESSION OF CANNABIS BY PERSONS UNDER TWENTY -ONE (21) YEARS OF AGE SOURCE: Entire Article added as §§ 70.52-70.53 by P.L. 32-001 (Mar. 6, 2013). Renumbered to §§ 70.310-70.320 pur suant to the authority of 1 GCA § 1606. Section 70.330 was not a dded as the Guam Social Host Act, but was renumbered by the Com piler as part of the reorganization of Chapter 70. 2021 NOTE: Purs uant to the authority of 1 GCA § 1606, the entire article was renumbered by the Compiler as part of t he reorganization of Chapter 70. CROSS REFERENCE: 11 GCA § 3619 (establishing the legal drinking age). § 70.310. Title. § 70.320. Intoxication of Persons Under the Age of Twenty- One. § 70.330. Possession of Cannabis by Persons Under Twenty-Years of Age. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH.

. § 70.310. Title. § 70.320. Intoxication of Persons Under the Age of Twenty- One. § 70.330. Possession of Cannabis by Persons Under Twenty-Years of Age. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 32 § 70.310. Title. This Article shall be known and may be cited as The Guam Social Host Act. SOURCE: Added as § 70.52 by P.L. 32-001 (Mar. 6, 2013), renumbered to § 70.310 pursuant to the authority of 1 GCA § 1606. § 70.320. Intoxication of Persons Under the Age of Twenty- One. (a) No person twenty-one (21) years or older shall knowingly give or otherwise make available any alco holic beverage or cannabis to a person under the age of t wenty-one (21) years. A person violates this Section who gives or otherwise makes available an alcoholic beverage or cannabis t o a person under the age of twenty-one (21) with the knowledge that the person to whom the alcoholic beverage or cannabis i s made available will violate this § 70.53. (b) A person violates this Section who owns, occupi es, or controls premises on which alcoholic beverages or c annabis are consumed by any person under twenty-one (21) years of age, and who knows of alcohol or cannabis consumption by per

owns, occupi es, or controls premises on which alcoholic beverages or c annabis are consumed by any person under twenty-one (21) years of age, and who knows of alcohol or cannabis consumption by per sons under twenty-one (21) years of age on such premises, and who reasonably could have prohibited or prevented such alcohol or cannabis consumption. (c) Any person who violates this Section: (1) shall be punished by a fine of not more than Two Thousand Dollars ($2,000) or by imprisonment for no t more than one (1) year or both; and (2) in addition to the sentence referenced in Subse ction (c)(1) the court may require the violator to make restitution for any damages to property or a person caused by a violation of this § 70.53, and may require participation in volunteer service to a community service agency. (d) The prohibitions of this Section apply only to a person who is present and in control of the location at th e time the consumption occurs. The prohibitions of this Sectio n do not apply to the owner of rental property, or the agent of an owner of rental COL11/30/20229 GCA CRIMES AND CORRECTIONS CH.

n at th e time the consumption occurs. The prohibitions of this Sectio n do not apply to the owner of rental property, or the agent of an owner of rental COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 33 property, unless the consumption occurs in the indi vidual unit in which the owner or agent resides. (e) This Section shall not apply to any religious practice, observance, or ceremony. (f) The violations of this Section and the resultin g penalties prescribed herein, supra, are in addition to other violations of public law related to alcoholic beverages or cannab is. SOURCE: Added as § 70.53 by P.L. 32-001 (Mar. 6, 2013). Am ended by P.L. 35-005:15 (April 4, 2019). Renumbered to § 70.320 pursuant to the authority of 1 GCA § 1606. § 70.330. Possession of Cannabis by Persons Under Twenty- one (21) Years of Age. Any person under twenty-one (21) years of age posse ssing cannabis shall be guilty of a petty misdemeanor and subject to a One Hundred Dollar ($100.00) fine and suspension of their driver’s license for twelve (12) months for the fir st offense and a Two Hundred-Fifty Dollar ($250.00) fine and suspens ion of their driver’s license for an additional

) fine and suspension of their driver’s license for twelve (12) months for the fir st offense and a Two Hundred-Fifty Dollar ($250.00) fine and suspens ion of their driver’s license for an additional twelve (12) mont hs for each subsequent possession. Suspension of one’s driver’s license may be waived by the court and replaced with one hundre d (100) hours of community service for each possession if the gui lty individual can demonstrate financial or personal hardship resu lting from the loss of his or her driving privileges. The violatio n of this Section and the resulting penalties prescribed herein are i n addition to other violations of public law related to cannabis possession. SOURCE: Added as as § 70.44.4 by P.L. 35-005:14 (April 4, 2019). Renumbered to § 70.330 pursuant to the authority of 1 GCA § 1606. 2021 NOTE: This provision was not enacted as part of Guam Soc ial Host Act, but was renumbered by the Compiler pursuant ot the authority of 1 GCA § 1606, as part of the reorgniazation of Chapter 70 .---------- ARTICLE 4 MISCELLANEOUS CRIMINAL OFFENSES 2021 NOTE: This Article was created as part of the reorganiza tion of Chapter 70, pursuant to the authority of 1 GCA § 1606.

zation of Chapter 70 .---------- ARTICLE 4 MISCELLANEOUS CRIMINAL OFFENSES 2021 NOTE: This Article was created as part of the reorganiza tion of Chapter 70, pursuant to the authority of 1 GCA § 1606. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 34 Article 1 was renamed Protecting Animal Welfare an d Safety (PAWS) Act (Pugua’s Law), to accommodate provisions enacted by P.L. 35-144 (Jan. 22, 2021). Provisions in Article 1 that could be categorized with related criminal offenses were ren umbered and placed in other chapters of Title 9 GCA; however, p rovisions that could not be classified in existing chapters were r enumbered and codified in this new Article 4. § 70.410 Tattoos, Brands, Scarifications and Pierci ngs; Minors; Violation; Classification; Anesthesia; Defense; Definition. § 70.420. Jet Ski Operation, Tumon Bay. § 70.430. Unlawful Use of Telephone; Defined & Puni shed. § 70.440. Revealing Expunged Record Prohibited. § 70.450. Blacklisting Employees. § 70.410. Tattoos, Brands, Scarifications and Pierc ings; Minors; Violation; Classification; Anesthesia; Defe nse; Definition.

Revealing Expunged Record Prohibited. § 70.450. Blacklisting Employees. § 70.410. Tattoos, Brands, Scarifications and Pierc ings; Minors; Violation; Classification; Anesthesia; Defe nse; Definition. (a) It is unlawful to tattoo a person who is under eighteen (18) years of age without the physical presence of that person's parent or legal guardian. (b) It is unlawful for a person who tattoos or pier ces the body of another person to use a needle or ink more than once, or to use a needle that is not pre-sterilized or autoclaved. (c) A person must be a licensed healthcare professi onal to administer any form of subcutaneous local anesthesi a during the course of any procedure involving the branding, sca rifying, tattooing or piercing of the body of another person . (d) It is a defense to a prosecution for a violatio n of Subsection (a) that the person requested age identi fication, and relied in good faith on the accuracy of the informa tion contained in the identification. (e) A person who violates this Section is guilty of a misdemeanor. (f) For the purposes of this Section, tattoo means any indelible design, letter, scroll, figure, symbol or other mark that is placed on or under

who violates this Section is guilty of a misdemeanor. (f) For the purposes of this Section, tattoo means any indelible design, letter, scroll, figure, symbol or other mark that is placed on or under the skin with ink or colors by t he aid of needles COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 35 or other instruments, and that cannot be removed wi thout a surgical procedure or any design, letter, scroll, f igure or symbol or other mark done by scarring on or under the skin . SOURCE: Added as § 70.16 by P.L. 25-053:1 (June 30, 1999), renumbered as § 70.410 by the Compiler as part of t he reorganization of Chapter 70. § 70.420. Jet Ski Operation, Tumon Bay and Pago Bay . No person shall operate a jet ski or water ski wit hin the reef along Tumon Bay and Pago Bay except that a jet ski may be operated in the channel to enter or exit Tumon Bay and Pago Bay. This prohibition shall not apply to the use of jet ski for emergency rescue or for law enforcement purposes. Any person who violates this Section is guilty of a misdemeanor. SOURCE: Added as uncodified law by P.L. 17-086:5 (Jan. 4, 1985). Codified by the Compiler to § 70.25. Amended by P.L . 23-078:1 (Mar.

Any person who violates this Section is guilty of a misdemeanor. SOURCE: Added as uncodified law by P.L. 17-086:5 (Jan. 4, 1985). Codified by the Compiler to § 70.25. Amended by P.L . 23-078:1 (Mar. 12, 1996). Renumbered as § 70.420 by the Compiler as pa rt of the reorganization of Chapter 70. § 70.430. Unlawful Use of Telephone; Defined & Puni shed. (a) A person is guilty of unlawfully using a teleph one when he: (1) refuses to relinquish immediately a party line or public telephone when informed that the party line or public telephone is needed for an emergency call to the De partment of Public Safety, Armed Services Police, Air Sea Re scue or for medical aid or ambulance service; or (2) secures the use of a party line or public telep hone by falsely stating that such line or telephone is need ed for an emergency. (b) As used in this Section, party line means a sub scriber's telephone circuit consisting of two (2) or more nam ed telephone stations connected therewith, each station having a distinctive ring or telephone number. (c) As used in this Section, public telephone means a telephone available for public use. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH.

th, each station having a distinctive ring or telephone number. (c) As used in this Section, public telephone means a telephone available for public use. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 36 (d) As used in this Section, emergency means a situ ation in which property or human life is in jeopardy and the prompt summoning of aid is essential. (e) Unlawfully using a telephone, as defined in Par agraph (1) of Subsection (a) of this Section, is a misdemeanor . Otherwise, it is a violation. SOURCE: G.P.C. §§ 640b, 643; *Cal. § 1412 (1971); N.J. § 2 C:40-2. Codified as § 70.40. Renumbered as § 70.430 by the Compiler as part of the reorganization of Chapter 70. COMMENT: Section 70.40 [70.430] replaces former Sections 64 0b and 643 of the Penal Code. Substantively, the only chan ges are to extend coverage to public telephone and to reduce the offe nse of securing a telephone unlawfully to a violation. § 70.440. Revealing Expunged Record Prohibited. A person is guilty of a misdemeanor if he permits t o be made public or reveals to any person not entitled to rev iew it any official record of the court, Attorney General or any other entity of the government

s guilty of a misdemeanor if he permits t o be made public or reveals to any person not entitled to rev iew it any official record of the court, Attorney General or any other entity of the government of Guam which has been expunged in accor dance with § 271 of the Code of Civil Procedure or Chapte r 11 of Title 8 GCA. SOURCE: Added as § 70.45 by P.L. 16-068 (Mar. 10, 1982), , renumbered as § 70.44. Renumbered as § 70.440 by th e Compiler as part of the reorganization of Chapter 70. § 70.450. Blacklisting Employees. (a) If any person, agent, company, corporation, public official, or governmental agency, after having disc harged any employee from his or its service, shall prevent or attempt to prevent by word or writing of any kind of untrue st atement, or, in any manner, conspires or contrives, by corresponden ce or otherwise by means of an untrue statement, to preve nt, such discharged employee from obtaining employment with any other person, company, corporation or governmental agency , such person, agent, corporation or public official is gu ilty of a petty misdemeanor and shall be punished by a fine not exc eeding Five Hundred Dollars ($500.00) for each violation; and s uch

ency , such person, agent, corporation or public official is gu ilty of a petty misdemeanor and shall be punished by a fine not exc eeding Five Hundred Dollars ($500.00) for each violation; and s uch person, agent, company, corporation, elected or appointed p ublic official, or governmental agency shall be liable in civil/pen al damages to such discharged person, to be recovered by civil ac tion. This COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 37 Section shall not be construed as prohibiting any p erson or agent of any company or corporation from furnishing in wr iting, upon request, to any other person, company or corporatio n to whom such discharged person or employee has applied for employment, a truthful statement of the reason for such dischar ge. (b) An employer, employee or other person, by threa ts of injury, intimidation or force, alone or in combinat ion with others, may not prevent a person from entering into, contin uing in or leaving the employment of any person, firm, governm ental office/agency or corporation. Any person who viola tes this paragraph is guilty of a misdemeanor and shall be p unished by a fine not exceeding One Thousand

loyment of any person, firm, governm ental office/agency or corporation. Any person who viola tes this paragraph is guilty of a misdemeanor and shall be p unished by a fine not exceeding One Thousand Dollars ($1,000.00) for each violation; and such person, agent, company, corpora tion, elected or appointed public official, governmental agency s hall be liable in civil/penal damages to such discharged person, t o be recovered by civil action. (c) An employer who in good faith provides informat ion requested by a prospective employer about the reaso n for termination of a former employee or about the job p erformance, professional conduct or evaluation of a current or former employee is immune from civil liability for the dis closure or the consequences of providing the information. There i s a presumption of good faith if either: (1) The employer employs less than one hundred (100 ) employees and provides only the information authori zed by this Subsection. (2) The employer employs at least one hundred (100) employees and has a regular practice in Guam of pro viding information requested by a prospective employer abo ut the reason for termination of a former employee or abou t the

least one hundred (100) employees and has a regular practice in Guam of pro viding information requested by a prospective employer abo ut the reason for termination of a former employee or abou t the job performance, professional conduct or evaluation of a current or former employee. (d) The presumption of good faith under Subsection (c) of this Section is rebuttable by showing that the empl oyer disclosed the information with actual malice or with intent t o mislead. This Subsection and Subsection (c) of this Section do no t alter any privileges that exist under common law. For the pu rposes of this COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 38 Subsection, 'actual malice' means knowledge that th e information was false or was provided with reckless disregard of its truth or falsity. (e) Communications concerning employees or prospect ive employees that are made by an employer or prospecti ve employer, or by a labor organization, to a government body or agency and that are required by law or that are furnished purs uant to written rules or policies of the government body or agency are privileged.

, or by a labor organization, to a government body or agency and that are required by law or that are furnished purs uant to written rules or policies of the government body or agency are privileged. (f) An employer, including the government of Guam a nd its agencies, a labor organization or an individual is not civilly liable for privileged communications made pursuant to Subs ection (e) of this Section. (g) In response to a request by another bank, savin gs and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker it is no t unlawful for a bank, a savings and loan association, a credit un ion, an escrow agent, a commercial mortgage banker, a mortgage ban ker or a mortgage broker to provide a written employment ref erence that advises of the applicant's involvement in any theft , embezzlement, misappropriation or other defalcation that has been reported to federal authorities pursuant to federal banking gui delines or reported to the department of financial institution s. In order for the immunity provided in Subsection (h) of this Sec tion to apply, a copy of the written employment reference must be sent by the institution

o the department of financial institution s. In order for the immunity provided in Subsection (h) of this Sec tion to apply, a copy of the written employment reference must be sent by the institution providing the reference to the last kno wn address of the applicant in question. (h) No bank, savings and loan association, credit u nion, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker shall be civilly liable for providi ng an employment reference unless the information provide d is false and the bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker providing the false information doe s so with knowledge and malice. (i) A court shall award court costs, attorney fees and other related expenses to any party that prevails in any civil proceeding in which a violation of this Section is alleged. COL11/30/20229 GCA CRIMES AND CORRECTIONS CH. 70 MISCELLANEOUS CRIMES 39 SOURCE: Added as § 70.44.3 by P.L. 31-257:1 (Dec. 26, 2012 ). Renumbered as § 70.450 by the Compiler as part of t he reorganization of Chapter 70. ---------- COL11/30/2022