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9 GCA § 30.10

Definitions

Guam Code AnnotatedTitle 9 — Crimes and Corrections
View official PDF ↗

As used in this Chapter:

(a)“Family violence” means the occurrence of one

(1)or more of the following acts by a family or household member, but does not include acts of self-defense or defense of others:

(1)Attempting to cause or causing bodily injury to another family or household member;

(2)placing another family or household member in reasonable fear of imminent bodily injury; or

(3)Knowingly or intentionally, against the will of another, impeding the normal breathing or circulation of the blood of a family or household member by applying pressure to the throat or neck or by blocking the nose or mouth of a family or household member.

(b)“Family or household members” include:

(1)Adults or minors who are current or former spouses;

(2)Adults or minors who live together or who have lived together; CH. 30 FAMILY VIOLENCE

(3)Adults or minors who are dating or who have dated;

(4)Adults or minors who are engaged in or who have engaged in a sexual relationship;

(5)Adults or minors who are related by blood or adoption to the fourth degree of affinity;

(6)Adults or minors who are related or formerly related by marriage;

(7)Persons who have a child in common; and

(8)Minor children of a person in a relationship described in paragraphs

(1)through

(7)above.

(c)“Bodily injury” as used in this Chapter, has the same meaning as that provided in subsection

(b)of § 16.10 of this title;

(d)“Attempt” as used in this Chapter, has the same meaning as that provided in § 13.10 of this title;

(e)“Peace officer” means any person so defined in 8 GCA § 5.55;

(f)“Victim” means any natural person against whom a crime, as defined under the laws of Guam, has been committed or attempted to be committed;

(g)“Witness” means any natural person,

(1)having knowledge of the existence or nonexistence of facts relating to any crime, or

(2)whose declaration under oath is received or has been received as evidence for any purpose, or

(3)who has reported any crime to any peace officer, or

(4)who has been served with a subpoena issued under the authority of any court in Guam, or

(5)who would be believed by any reasonable person to be an individual described in subparagraphs

(1)through (4), above, inclusive;

(h)“Prosecuting attorney” as used in this Chapter means the Attorney General of Guam and those persons employed by the Attorney General’s office specifically designated by the Attorney General.

§ The story of this section

  1. Enacted by P.L. 22-160 § 2 — introduced as Bill 1132-22 · introduced by Marilyn D.A. Manibusan + 2 cosponsors
  2. Enacted by P.L. 33-205 § 2 — introduced as Bill 373-33 · introduced by Benjamin J.F. CruzWatch the hearing · Oct 10, 2016
  3. Amended by P.L. 34-62 § 2 — introduced as Bill 175-34 · introduced by Therese M. Terlaje + 4 cosponsors

Interpreted by the courts:

  • 1999 Guam 2People of Guam vs. Edward B. Perez (1999) · per Peter C. Siguenza, J. · pinpoints (a) at ¶9
  • 2005 Guam 16The People of Guam, Plaintiff-Appellee, vs. Arthur Salas Root, Defendant-Appellant (2005) · per Frances M. Tydingco-Gatewood, J. · pinpoints (a), (a)(1) at ¶3
  • 2017 Guam 11The People of Guam, Plaintiff-Appellee, v. Janice G. Shimizu, Defendant-Appellant, CRA15-034 (2017) · per F. Philip Carbullido, J. · pinpoints (a), (a)(2), (a)(3) at ¶1
  • 2018 Guam 13The People of Guam, Plaintiff-Appellee, v. Siren Nathan, Defendant-Appellant (2018) · per Katherine A. Maraman, J. · pinpoints (a) at ¶20
  • 2021 Guam 13People 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)(2) at ¶17
  • 2022 Guam 2People of Guam, Plaintiff-Appellee vs. Emmanuel Manny Reselap, Defendant-Appellant (2022) · per F. Philip Carbullido, J. · pinpoints (a)(1) at ¶6

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.