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9 GCA § 37.20

Burglary: Defined, Punishment Classified

Guam Code AnnotatedTitle 9 — Crimes and Corrections
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(a)A person is guilty of burglary if he enters or surreptitiously remains in any habitable property, building, or a separately secured or occupied portion thereof, or if he enters or surreptitiously remains in any School as defined in § 37.10(e) of this Chapter, with intent to commit a crime therein, unless the premises are at the time open to the public or the defendant is licensed or privileged to enter, or a person is guilty of burglary if he enters or surreptitiously remains in any motor vehicle, semi-trailer, trailer, truck tractor, vehicle combination, motor bus, motor truck, or vehicle, with intent to commit a crime therein. It is an affirmative defense to prosecution for burglary that the property, or building, or motor vehicle was abandoned.

(b)Burglary is a felony of the second degree. In the case of burglary as a felony of the second degree, the court shall impose a sentence of COL10312014 CH. 37 BURGLARY AND HOME INVASION imprisonment of a minimum term of five

(5)years, and may impose a maximum term of up to ten

(10)years; the minimum term imposed shall not be suspended nor may probation be imposed in lieu of the 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. Provided, however, that in the case of an offender not previously convicted of a felony, the court may sentence the offender to not more than five

(5)years imprisonment as a third degree felony conviction, and the provisions of this Subsection prohibiting probation, suspension, parole or work release shall not be applicable to such offender.

(c)A second or subsequent offense of burglary to a school shall be a felony of the first degree. In the case of a second or subsequent conviction of burglary committed to a school 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 term of up to twenty

(20)years; the minimum term imposed shall not be suspended nor may probation be imposed in lieu of the 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. However, if the offender is under the age of eighteen years the court shall have the discretion to suspend all or a portion of the minimum sentence, and may encourage the Balanced Approach Restorative Justice Process.

§ The story of this section

  1. Amended by P.L. 14-143 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 30-121 § 2 — introduced as Bill 295-30 · introduced by Ray Tenorio + 2 cosponsors
  3. Amended by P.L. 32-162 § 4 — introduced as Bill 282-32 · introduced by Brant T. McCreadie + 6 cosponsors

Interpreted by the courts:

  • 2004 Guam 24 — People of Guam, Plaintiff-Appellee, vs. Thomas Sablan Demapan, Defendant-Appellant (2004) · per Frances M. Tydingco-Gatewood, J. · pinpoints (a) at ¶10
  • 2014 Guam 11 — The People of Guam, Plaintiff-Appellant, v. Ervin Rivamonte Enriquez, Defendant-Appellee, CRA13-006 (2014) · pinpoints (b) at ¶35
  • 2015 Guam 25 — People of Guam, Plaintiff-Appellee, v. Julieon Edward Quichocho Kim, Defendant-Appellant, CRA14-020 (2015)
  • 2015 Guam 32 — People of Guam, Plaintiff-Appellee, v. Jeshua Joshua aka Jess Joshua, Defendant-Appellant, CRA14-022 (2015) · per Robert J. Torres, J. · pinpoints (b) at ¶37
  • 2016 Guam 3 — The People of Guam, Plaintiff-Appellee, v. Kendall Norris McKinney, Defendant-Appellant, CRA14-027 (2016) · per Katherine A. Maraman, J. · pinpoints (a) at ¶18
  • 2018 Guam 14 — People of Guam, Plaintiff-Appellee, v. Joseph Lee Pugh, Defendant-Appellant (2018) · per F. Philip Carbullido, J. · cited at ¶24
  • 2018 Guam 16 — People of Guam, Plaintiff-Appellee, v. Afio Cox, Defendant-Appellant (2018) · per Katherine A. Maraman, J. · cited at ¶20
  • 2018 Guam 23 — People of Guam, Plaintiff-Appellee, v. Badobino Sablan Taisacan, Defendant-Appellant (2018) · per F. Philip Carbullido, J. · pinpoints (a) at ¶19
  • 2023 Guam 19 — People of Guam, Plaintiff-Appellee, v. Francis Jerome Taisacan, Defendant-Appellant (2023) · per Katherine A. Maraman, J. · pinpoints (a) at ¶54
  • 2024 Guam 13 — People of Guam, Plaintiff-Appellee, vs. Branty Walliby aka Branty Waliby, Defendant-Appellant (2024) · per F. Philip Carbullido, J. · pinpoints (b) at ¶18

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