8 GCA § 90.21
Proof of Each Element of Offense Required: Exceptions for
View official PDF ↗Negation of Defense; Affirmative Defense.
(a)No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.
(b)Subsection
(a)does not require negating a defense
(1)by allegation in the indictment, information or complaint, or
(2)by proof at trial, unless the issue is in the case as a result of evidence at the trial sufficient to raise a reasonable doubt on the issue.
(c)Subsection
(a)does not apply to any defense which a statute explicitly designates as an Aaffirmative defense.@ Defenses so designated must be proved by the defendant by a preponderance of evidence.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.