9 GCA § 22.20
Kidnapping; Defined & Punished
View official PDF ↗(a)A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
(1)to hold for ransom or reward;
(2)to facilitate commission of any felony or flight thereafter;
(3)to inflict bodily injury on or to terrorize the victim or another; or
(4)to interfere with the performance of any governmental or political function.
(b)Kidnapping is a felony of the first degree unless the defendant voluntarily releases the victim alive and in a safe place prior to trial, in which case it is a felony of the second degree. In the case of kidnapping as a felony of the first degree, the court shall impose a sentence of imprisonment of a minimum term of ten
(10)years and may impose a maximum sentence of up to twenty-five
(25)years; said minimum term shall not be suspended nor probation be imposed in lieu of such minimum term nor shall parole or work release be granted before completion of the minimum term. The sentence shall include a special parole term of not less than three
(3)years in addition to such term of imprisonment.
(c)A removal or confinement is unlawful within the meaning of this section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of fourteen
(14)or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare. COL5242018 CH. 22 KIDNAPPING AND RELATED OFFENSES
§ The story of this section
- Amended by P.L. 14-143 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2013 Guam 15 — People of Guam, Plaintiff-Appellee, v. Duane Diego, Defendant-Appellant (2013) · per Robert J. Torres, J. · pinpoints (a), (a)(2), (aX2) at ¶25
- 2014 Guam 11 — The People of Guam, Plaintiff-Appellant, v. Ervin Rivamonte Enriquez, Defendant-Appellee, CRA13-006 (2014) · pinpoints (b) at ¶35
- 2015 Guam 37 — People of Guam, Plaintiff-Appellee, v. Kyle J. Indalecio Camacho, Defendant-Appellant, CRA14-024 (2015) · per Katherine A. Maraman, J. · pinpoints (a), (a)(2) at ¶12
- 2015 Guam 39 — People of Guam, Plaintiff-Appellee, v. Anthony T. Quenga, Defendant-Appellant, CVA14-006 (2015) · per Katherine A. Maraman, J. · pinpoints (a)(2), (c) at ¶59
- 2015 Guam 40 — People of Guam, Plaintiff-Appellee, v. David Q. Manila, Defendant-Appellant, CVA14-007 (2015) · per Katherine A. Maraman, J. · pinpoints (a), (a)(2), (b), (c) at ¶34
- 2016 Guam 13 — People of Guam, Plaintiff-Appellee, v. Raymond Tedtaotao Camacho, Defendant-Appellant, CRA15-007 (2016) · per Robert J. Torres, J. · pinpoints (a)(2), (b) at ¶29
- 2019 Guam 17 — People of Guam, Plaintiff-Appellee, v. Marko Omwere, Defendant-Appellant (2019) · per Robert J. Torres, J. · pinpoints (a), (a)(2), (c) at ¶16
- 2019 Guam 23 — The People of Guam, Plaintiff-Appellee, v. Minorichy Nisar T. Rugante, Defendant-Appellant (2019) · per Katherine A. Maraman, J. · pinpoints (a)(2) at ¶2
- 2020 Guam 5 — The People of Guam, Plaintiff- Appellee, vs. Paul John Santos, Defendant-Appellant (2020) · per Katherine A. Maraman, J. · pinpoints (a)(2) at ¶21
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.