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9 GCA § 43.10

Definitions

Guam Code AnnotatedTitle 9 — Crimes and Corrections
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As used in this Chapter, unless a different meaning plainly is required:

(a)Deprive means:

(1)to withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or

(2)to abandon the property under circumstances amounting to a reckless exposure to loss.

(b)Movable Property means property the location of which can be changed, including things growing on, or affixed to, or found in land, and documents although the rights represented thereby have no physical location. Immovable Property is all other property.

(c)Obtain means:

(1)in relation to property, to bring about a transfer or purported transfer of legal interest in the property, whether to the obtainer or another; or

(2)in relation to labor or service, to secure performance thereof.

(d)Property means anything of value, including real estate, tangible and intangible personal property, contract rights, choses in action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, trade secrets, or agricultural product, which includes floriculture, horticulture, viticulture, aquaculture, forestry products and commodities, shrubbery, nuts, coffee, seeds, or other farm or plantation products or commodities grown by or raised by a bona fide farmer as defined by 5 GCA§ 60354(f).

(e)Property of Another includes property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, regardless of the fact COL9/7/2021 CH. 43 THEFT AND RELATED OFFENSES that the defendant also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the defendant shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

(f)Trade Secret means the whole or any portion of phase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and is not generally available to the public, and which gives one who uses it an advantage over actual or potential competitors who do not know of or use the trade secret, or the contents of private and unpublished records used in the business of examining, certifying or insuring titles to real property. Proof that the owner takes measures to prevent information from becoming available to persons other than those selected by the owner to have access thereto for limited purposes gives rise to an inference that the information is secret.

§ The story of this section

  1. Amended by P.L. 36-10 — introduced as Bill 62-36 · introduced by Clynton E. Ridgell + 3 cosponsorsWatch the public hearing · Mar 11, 2021

Interpreted by the courts:

  • 2020 Guam 32Island Eye Center, Inc. dba Island Eye and Retina Center, Plaintiff-Appellant, vs. Peter N. Lombard, M.D., Advanced Eyec (2020) · per F. Philip Carbullido, J. · pinpoints (f) at ¶33

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