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8 GCA § 90.21

Proof of Each Element of Offense Required: Exceptions for

Guam Code AnnotatedTitle 8 — Criminal Procedure
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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.