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9 GCA § 7.58

Intoxication

Guam Code AnnotatedTitle 9 — Crimes and Corrections
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(a)As used in this Section:

(1)“intoxication” means an impairment of mental or physical capacities resulting from the introduction of alcohol, drugs or other substances into the body.

(2)“self-induced intoxication” means intoxication caused by substances which the person knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would otherwise afford a defense to a charge of crime.

(b)Except as provided in Subsection (d), intoxication is not a defense to a criminal charge. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

(c)A person is culpable with respect to an element of the offense, even though his disregard thereof is not conscious, if his not being conscious thereof is due to self-induced intoxication.

(d)Intoxication which is not self-induced is an affirmative defense if, by reason of such intoxication, the person at the time of his conduct lacks substantial capacity either to appreciate its wrongfulness or to conform his conduct to the requirements of the law. For purposes of this Section, intoxication caused by or attributed to addiction, substance use disorder (SUD), dependence, habituation or any other compulsion that is attributed to prior uses of alcohol, drugs or other substances is self-induced intoxication and cannot be asserted as an affirmative defense for lack of substantial capacity either to appreciate its wrongfulness or to conform conduct to the requirements of the law. CH. 7 EXEMPTIONS AND DEFENSES

§ The story of this section

  1. Amended by P.L. 38-94 § 2 — introduced as Bill 79-38 · introduced by V. Anthony Ada + 10 cosponsorsWatch the public hearing · Sep 26, 2025Watch the public hearing · May 13, 2025

Interpreted by the courts:

  • 2018 Guam 13The People of Guam, Plaintiff-Appellee, v. Siren Nathan, Defendant-Appellant (2018) · per Katherine A. Maraman, J. · pinpoints (b) at ¶6
  • 2020 Guam 33People of Guam, Plaintiff-Appellee, vs. Robert Tyrone Diaz Reyes, Defendant-Appellant (2020) · per Robert J. Torres, J. · pinpoints (b) at ¶65
  • 2021 Guam 16People of Guam, Plaintiff-Appellee, v. A-Last Amanto Simiron, Defendant-Appellant (2021) · per Robert J. Torres, J. · pinpoints (b), (c) at ¶40

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