9 GCA § 16.50
Manslaughter Defined and Classified
View official PDF ↗(a)Criminal homicide constitutes manslaughter when:
(1)it is committed recklessly; or COL9192018 CH. 16 CRIMINAL HOMICIDE
(2)a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse (The reasonableness of such explanation or excuse shall be determined from the viewpoint of a reasonable person in the defendant's situation under the circumstances as he believes them to be. The defendant must prove the reasonableness of such explanation or excuse by a preponderance of the evidence.); or
(3)death is indirectly or proximately caused, such as an accident, by the illegal use of a Schedule I Controlled Substance, as defined by Chapter 67 of this Title, to a person under the influence of such controlled substance. Any person who knowingly or willingly transfers or sells any Schedule I Controlled Substance to a person over the age of eighteen
(18)years old in violation of the provisions of Chapter 67 of this Title, and such controlled substance indirectly or proximately causes the death of such person, is guilty of manslaughter. This Section shall not apply to health care professionals and pharmacists in the legitimate practice of the healing arts.
(b)Manslaughter is a felony of the first degree.
§ The story of this section
- Affected by P.L. 16-126 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 24-282 § 4 — introduced as Bill 637-24 · introduced by Lawrence F. Kasperbauer + 5 cosponsors
Interpreted by the courts:
- 1998 Guam 32 — People of Guam vs. James Evangelista Reyes (1998) · per Janet Healy Weeks, J. · pinpoints (a), (a)(2) at ¶4
- 2001 Guam 18 — People of Guam v. Osmundo V. Sangalang, Jr. (2001) · per F. Philip Carbullido, J. · pinpoints (a)(2) at ¶23
- 2008 Guam 8 — People of Guam, Plaintiff-Appellee v. Larry Van Bui, Defendant-Appellant (2008) · per Robert J. Torres, J. · pinpoints (a)(2)
- 2012 Guam 21 — People of Guam, Plaintiff-Appellee, v. Jimmy Chin Song, Defendant-Appellant (2012) · per Katherine A. Maraman, J. · pinpoints (a)(1), (b) at ¶32
- 2016 Guam 16 — People of Guam, Plaintiff-Appellee, v. Patrick Muna Castro, Defendant-Appellant, CRA15-014 (2016) · per Katherine A. Maraman, J. · pinpoints (a)(2) at ¶48
- 2021 Guam 16 — People of Guam, Plaintiff-Appellee, v. A-Last Amanto Simiron, Defendant-Appellant (2021) · per Robert J. Torres, J. · pinpoints (a)(1) at ¶40
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.