Crime Against the Community; Defined and

Punishment. COL9/7/2021 CH. 43 THEFT AND RELATED OFFENSES

(a)A person is guilty of a Crime Against the Community if that person knowingly takes, obtains or exercises unlawful control over government-owned, leased or borrowed property, or interferes with, obstructs, or takes action regarding government services in such a way that:

(1)doing so creates a threat to the public health and safety; or

(2)doing so results in a deprivation of public services, such as utility services, the education of public or private school students, or any government service intended to benefit the public; or

(3)does so for a purpose other than the original purpose for which the property or services were to be provided.

(b)A person is guilty of a Crime Against the Community if that person knowingly destroys, defaces, alters, tampers with or damages government-owned, leased or borrowed property.

(c)A Crime Against the Community shall be alleged, in an information, complaint or indictment, as a Special Allegation which enhances punishment when the defendant is convicted of another offense. A Crime Against the Community shall be tried to a jury if the underlying crime is tried to a jury.

(d)A person convicted of a Crime Against the Community shall be sentenced to:

(1)Insofar as is practicable, make restitution to the victim of the crime, including the government of Guam or the Federal government;

(2)Insofar as is practicable, perform community service intended to raise community awareness that a crime against the public interest has been committed and is being punished, including, but not limited to, repair, painting and cleaning of items which are stolen, damaged or defaced; or

(3)Serve one

(1)year of incarceration and pay an additional fine of up to Five Thousand Dollars ($5,000.00) in addition to the sentence imposed for the underlying crime, if the underlying crime is a misdemeanor or felony. The court may suspend said term of incarceration and impose a term of probation instead.