Defenses; Exceptions

(a)It is an affirmative defense in a prosecution for violation of animal abuse under § 70.25

(a)of this Article if:

(1)the defendant reasonably and humanely caused the death of the animal to end its immediate and intractable suffering; or

(2)the animal posed a present and immediate danger to the safety of people, and the defendant took reasonable measures necessary to protect against serious bodily harm, or death, to themselves or other people, livestock, or domestic animals.

(b)Ownership shall not be a defense.

(c)Guardianship shall not be a defense.

(d)Trespass by an animal shall not be a defense.

(e)Corporations and other nonhuman legal entities may be concurrently charged for acts in violation of any animal protection offense committed by their employees or agents when the act is committed in the normal course and scope of the employment or agency.

(f)It is no defense to the crime of animal abandonment that COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES the defendant abandoned the animal at or near an animal shelter, veterinary clinic, or other place of shelter if the defendant did not make reasonable arrangements for the care of the animal.

(g)Sections 70.10 to 70.85 of this Article shall not apply to:

(1)the proper shooting or taking of game in such manner and at such times as is allowed or provided by the laws of Guam;

(2)cockfighting in a manner and at such times and places as are authorized by law;

(3)the proper killing of animals used for food, except for dogs and cats, in accordance with the law;

(4)the proper disinfestation of rodents and brown tree snakes;

(5)animals properly used for education or research purposes by, or under the oversight of, the Guam Community College or the University of Guam; provided, that proper Institutional Review Board procedures and all applicable local and federal laws are followed;

(6)euthanasia as properly conducted by a licensed veterinarian, or individual authorized by § 70.70 of this Article, and done in accordance with local law and generally accepted industry practice;

(7)the proper disinfestation of animals deemed a disease vector and threat to public health by the Department of Public and Social Services; provided, that disinfestation is done in accordance with established procedures approved by said Department;

(8)the proper disinfestation of species deemed invasive to Guam by the Guam Invasive Species Council; provided, that disinfestation is done in accordance with established procedures approved by said Council.

(A)Subsection (g)(8) of this Section shall not pertain to cats or dogs, except as authorized by the Director of the Department of Agriculture, and such disinfestation efforts are done in accordance with COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES accepted practices of veterinary procedures approved by the Council. medicine and