9 GCA § 19.30
Assault; Defined and Punished
View official PDF ↗(a)A person is guilty of assault if he:
(1)either recklessly causes or attempts to cause bodily injury to another;
(2)recklessly uses a deadly weapon in such a manner as to place another in danger of bodily injury; or
(3)by physical menace intentionally puts or attempts to put another in fear of imminent bodily injury.
(b)[No text]
(1)An assault against a peace officer who is performing his official duties as a peace officer is a felony of the third degree if the perpetrator knew or should have known that the victim was a peace officer.
(A)In any assault against a peace officer, the jury shall, with any finding of guilty, also return a finding as to whether the perpetrator had actual knowledge that the victim was a peace officer.
(B)If the jury finds that the perpetrator had actual knowledge that the victim was a peace officer, the court shall impose a minimum sentence of one
(1)year in prison without suspension, probation, parole, or work release.
(2)For purposes of this § 19.30, “peace officer” means one so defined in § 5.55, Title 8, Guam Code Annotated, and to also include those individuals serving in a volunteer law enforcement capacity within any government of Guam law enforcement entity.
(c)An assault committed by a peace officer on a person in his custody or control, without any provocation whatsoever and with the use of excessive force, is a felony of the third degree.
(d)An assault committed in a fight or scuffle entered into by mutual consent is a petty misdemeanor. CH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZING
(e)Any other assault is a misdemeanor.
§ The story of this section
- Amended by P.L. 20-226 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 29-95 § 1 — introduced as Bill 238-29 · introduced by Frank Ishizaki + 2 cosponsors
Interpreted by the courts:
- 2005 Guam 16 — The People of Guam, Plaintiff-Appellee, vs. Arthur Salas Root, Defendant-Appellant (2005) · per Frances M. Tydingco-Gatewood, J. · pinpoints (a)(1) at ¶3
- 2014 Guam 13 — People of Guam, Plaintiff-Appellee, v. Keith Vaughn Meseral, Defendant-Appellant, CRA10-005 (2014) · per Katherine A. Maraman, J. · pinpoints (a)(3) at ¶2
- 2014 Guam 8 — People of Guam, Plaintiff-Appellee, v. Juan Jose Torres, Defendant-Appellant, CRA13-012 (2014) · per Katherine A. Maraman, J. · pinpoints (a), (a)(2), (a)(l) at ¶19
- 2015 Guam 27 — People of Guam, Plaintiff-Appellee, v. David Villena Quitugua, Jr., Defendant-Appellant, CRA14-016 (2015) · per Katherine A. Maraman, J. · pinpoints (a)(3) at ¶86
- 2021 Guam 13 — People of Guam, Plaintiff-Appellee vs. Redtwelve Tfong, aka Redtwelve Tefong, aka Luke West, aka Nois West, aka Retwen D (2021) · per Katherine A. Maraman, J. · pinpoints (a)(1) at ¶37
- 2022 Guam 2 — People of Guam, Plaintiff-Appellee vs. Emmanuel Manny Reselap, Defendant-Appellant (2022) · per F. Philip Carbullido, J. · cited at ¶19
- 2022 Guam 9 — People of Guam, Plaintiff-Appellee, v. Jordan Saul Rachulap, Defendant-Appellant (2022) · per Robert J. Torres, J. · pinpoints (a)(3) at ¶23
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.