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9 GCA § 70.35

Animal Fighting

Guam Code AnnotatedTitle 9 — Crimes and Corrections
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(a)No person shall cause, sponsor, aid, abet, arrange, hold, or encourage any animal to fight, menace, or injure another animal for the purpose of sport, amusement, or pecuniary gain. This Section does not apply to cockfighting that is authorized by law.

(b)For the purposes of this Section, a person encourages an animal to fight, menace or injure another animal for the purpose of sport, amusement, or pecuniary gain, if the person:

(1)is knowingly present at or wagers on such an occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain;

(2)owns, trains, transports, possesses, has custody or control of, breeds, or equips an animal with the intent that such animal will be engaged in such an occurrence of COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain;

(3)knowingly allows any such occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain to occur on any property owned or controlled by the person;

(4)knowingly allows any animal to be used for such an occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by the person;

(5)knowingly advertises or uses any means of communication for the purpose of promoting such an occurrence of fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; or

(6)knowingly possesses, owns, buys, sells, transfers, or manufactures any animal used for fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; or any device intended to train or enhance the animal’s fighting, menacing or injuring ability for the purpose of sport, amusement, or pecuniary gain.

(c)Any violation of Subsection

(a)of this Section shall constitute Animal Fighting, which is a third degree felony.

(d)Notwithstanding any other provision of law, the penalty for a violation of Subsection

(a)of this Section shall be confinement in a correctional facility in accordance with Article 2 of 9 GCA Chapter 80 and a fine of not less than Five Thousand Dollars ($5,000) and no more than Fifteen Thousand Dollars ($15,000), or both, per violation. Additionally, any person convicted of any violation of this Section may be subject to seizure of any personal property, including vehicles, and real property at which the animal fight was staged.

(e)Nothing in this Section shall constitute a prohibition or ban on the possession, lawful importation/exportation, breeding, or selling of any breed of dog.

(f)Veterinarians and/or COL11/30/2022 physicians and/or health CH. 70 MISCELLANEOUS CRIMES professionals are required to report suspected animal fighting incidents, excluding cockfighting as authorized by law, that come to their attention through the provision of medical services to an animal to the Guam Police Department within five

(5)days of learning of animal fighting incidents. Failure to do so shall result in potential loss of licensure if deemed appropriate by the appropriate licensure agencies. Any veterinarians, physicians, or health professionals making a report under this Subsection shall be immune from any civil or criminal liability by reason of making the report, unless the report was made in bad faith.

§ The story of this section

  1. Enacted by P.L. 35-144 § 2 — introduced as Bill 185-35 · introduced by Sabina Flores Perez + 6 cosponsors

Interpreted by the courts:

  • 2015 Guam 30The People of Guam, Plaintiff-Appellee, v. Frankie Garrido Blas, Defendant-Appellant, CRA14-010 (2015) · per F. Philip Carbullido, J. · pinpoints (a)(2) at ¶9
  • 2019 Guam 20The People of Guam, Plaintiff-Appellee, v. Valvano Alexander Erwin, Defendant-Appellant (2019) · per Robert J. Torres, J. · pinpoints (a)(6) at ¶1

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