(a) In the event any person is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of Guam after September 30, 1980, which act or omission is within the description of the crimes enumerated in Section 161.55, the Commission may, in its discretion, upon an application, order the payment of compensation in accordance with this Chapter:

(1) to or for the benefit of the victim;

(2) to any person responsible for the maintenance of the victim, where that person has suffered pecuniary loss or incurred expenses as a result of the victim’s injury or death;

(3) in the case of the death of the victim, to or for the benefit of any one (1) or more of the dependents of the deceased victim; or

(4) to a parent of an adult deceased victim, or to an adult son or daughter of a deceased victim, where the parent or adult son or daughter has incurred expenses on account of hospital, medical, funeral and burial expenses as a result of the victim’s injury and death.

(b) For the purposes of this Chapter, a person shall be deemed to have intentionally committed an act or omission, notwithstanding that by reason of age, insanity, drunkenness or otherwise, he or she was legally incapable of forming a criminal intent.

(c) In determining whether to make an order under this Section, the Commission may consider any circumstances it determines to be relevant, and the Commission shall consider the behavior of the victim, and whether, because of provocation or otherwise, the victim bears any share of responsibility for the crime that caused his or her injury or death, and the Commission shall reduce the amount of compensation in accordance with its assessment of the degree of such responsibility attributable to the victim.

(d) An order may be made under this Section whether or not any person is prosecuted for or convicted of a crime arising out of an act or omission described in Subsection (a) of this Section; provided, that an arrest has been made or such act or omission has been reported to the police without undue delay. No order may be made under this Section unless the Commission finds that:

(1) the act or omission did occur; and

(2) the injury or death of the victim resulted from the act or omission.

(e) Upon application from either the Attorney General or the Chief of Police, the Commission may suspend proceedings under this Chapter for such period as it deems desirable on the ground that a prosecution for a crime arising out of the act or omission has been commenced or is imminent, or that release of the investigation report would be detrimental to the public interest.

(f) If a resident of Guam is a victim of a crime as defined in Section 161.55 of this Chapter, but the crime occurred outside the boundaries of Guam, the resident has the same rights under the provisions of this Chapter as if the crime had occurred within Guam upon a showing that the state, territory, country or political subdivision of a country in which the crime occurred does not have a crime victim’s compensation law which covers the injury or death suffered by the resident.

The Commission may order, only from available balances in the Criminal Injuries Compensation Fund, the payment of compensation under this Chapter for:

(a) expenses actually and reasonably incurred as a result of the injury or death of the victim;

(b) loss to the victim of earning power as a result of total or partial incapacity;

(c) pecuniary loss to the dependents of the deceased victim;

(d) pain and suffering to the victim; and

(e) any other pecuniary loss directly resulting from the injury or death of the victim which the Commission determines to be reasonable and proper.

Whenever a fine is imposed upon an offender and such fine is to be deposited into the Criminal Injuries Compensation Fund, and such fine is not to be deposited into the fund within one hundred eighty (180) days of the imposition of sentence, the Commission may institute a civil action in Superior Court against the offender to recover the amount of such fine, provided, however, the offender is not in the process of seeking judicial review of such conviction. The statutes of limitation for commencing such civil action shall be tolled while the offender is absent from Guam or incarcerated in any facility whatsoever. Any recovery from the offender, excluding costs and attorney fees, shall be deposited into the Criminal Injuries Compensation Fund.

The Commission may order the payment of compensation under this Chapter for:

(a) expenses actually and reasonably incurred as a result of the injury of the private citizen;

(b) pain and suffering to the private citizen;

(c) loss to the private citizen of earning power as a result of total or partial incapacity; and

(d) pecuniary loss to the private citizen directly resulting from damage to his or her property.

(a) No order for the payment of compensation shall be made under this Chapter unless the application has been made within eighteen (18) months after the date of injury, death or property damage.

(b) Compensation for medical expenses may be awarded up to the amount of Twenty Thousand Dollars ($20,000.00) and compensation for all other purposes allowed under this Chapter shall not exceed Ten Thousand Dollars ($10,000.00).

Unless otherwise indicated, as used in § 19.70:

(a) Harasses or harassment means a knowing and willful course of conduct, whether physical, verbal, written, electronic, telephonic, via or by use of a computer, computer network, computer system, telephone network, data network, text message, instant message, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose. Such course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress, and must cause substantial emotional distress.

(b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing continuity of purpose. Constitutionally and statutorily protected activity, including, but not limited to, picketing as a result of a labor dispute, is not included in this definition.

(c) Credible threat means any threat, physical or verbal, overtly or subtly manifested, constituting a threat with the intent and apparent ability to carry out the threat with the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person threatened or to a member of his or her immediate family.

(d) Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.

(e) Computer network means two (2) or more computers or computer systems interconnected by communication lines, including microwave, electronic, or any other form of communication.

(f) Computer system means a set of interconnected computer equipment intended to operate as a cohesive system.

(a) A person is guilty of custodial interference in the first degree if:
(1) being a relative of the person, he knowingly takes or entices a person less than eighteen (18) years old from his lawful custody knowing that he has no right to do so and during the taking, subjects the person to serious bodily injury.

(b) A person is guilty of custodial interference in the second degree if:
(1) not being a relative of the person, he knowingly takes or entices a person less than eighteen (18) years old from his lawful custodian, knowing that he has no right to do so; or
(2) he knowingly takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.

(c) A person is guilty of custodial interference in the third degree if
(1) being a parent of a child and with knowledge of court order relating to the custody of that child, violates the court order and takes or keeps the child with intent to conceal him from his legal guardian or other person having that child in his care or custody or under his control.

(a) Any person who intentionally, knowingly, or recklessly commits an act of family violence, as defined in § 30.10 of this Chapter, is guilty of a misdemeanor, or of a third degree felony, and shall be sentenced as follows:

(1) for the first offense, the court shall impose a sentence of no less than forty-eight (48) hours imprisonment;
(2) for the second offense, the court shall impose a sentence of no less than thirty (30) days imprisonment; and
(3) for the third offense, the offense shall be classified as a third degree felony and the court shall impose a sentence of no less than one (1) year imprisonment. The person, upon conviction, shall be termed a “repeat offender” and may be subject to extended terms pursuant to § 80.38 of Article 2, Chapter 80 of this Title.

(b) Upon a written, noticed motion prior to commencement of trial, the defendant may move that a felony charge filed pursuant to this § 30.20, other than a felony charge filed pursuant to § 30.20(a)(3), be reduced to a misdemeanor. Whether any charge, other than a felony charge filed pursuant to § 30.20(a)(3), shall proceed as a misdemeanor or a felony rests within the discretion of the court.
(c) In determining whether a felony charge filed pursuant to this § 30.20, other than a felony charge filed pursuant to § 30.20(a)(3), should be reduced to a misdemeanor, the court shall consider the following factors, among others:

(1) the extent or seriousness of the victim’s injuries;
(2) the defendant’s history of violence against the same victim whether charged or uncharged;
(3) the use of a gun or other weapon by the defendant;
(4) the defendant’s prior criminal history;
(5) the victim’s attitude and conduct regarding the incident;
(6) the involvement of alcohol or other substance, and the defendant’s history of substance abuse as reflected in the defendant’s criminal history and other sources; and
(7) the defendant’s history of and amenability to counseling.

(d) If the court, after a hearing, finds substantial evidence that a victim suffered serious bodily injury, as defined in Subsection (c) of § 16.10, Chapter 16 of this Title, no felony charged filed under this § 30.20 shall be reduced to a misdemeanor unless the court finds that due to unusual circumstances a reduction of the charge is manifestly in the interest of justice.
(e) The fact that an alleged criminal act involved family violence, as defined in § 30.10 of this Chapter, shall not preclude the prosecuting attorney from charging and prosecuting the defendant for any other violations of law, subject to the provisions set forth in § 1.22 of Article 1, Chapter 1 of this Title;
(f) In any case in which a person is convicted of violating this § 30.20 and probation is granted, the court shall require participation in an education and treatment program as a condition of probation unless, considering all the facts and the circumstances, the court finds participation in an education and treatment program inappropriate for the defendant.
(g) If probation is granted, or the imposition of a sentence is suspended, for any person convicted under Subsection (a) of this § 30.20 who previously has been convicted under such Subsection (a) for an offense that occurred within seven (7) years of the offense of the second conviction, it shall be a condition of such probation or suspended sentence that he or she be punished by imprisonment for not less than thirty (30) days, and that he or she participate in, for no less than one (1) year, and successfully complete an education and treatment program, as designated by the court
(h) Probation shall not be granted for any person convicted under Subsection (a) of this § 30.20 who previously has been convicted of two (2) or more violations of such Subsection (a) for offenses that occurred within seven (7) years of the most recent conviction. The person shall be sentenced to imprisonment for not less than one (1) year, and shall participate in, for no less than one (1) year, and successfully complete an education and treatment program, as designated by the court.

(a) If a peace officer has reasonable cause to believe that a person has committed a felony or misdemeanor involving family violence, the peace officer shall presume that arresting and charging the person is the appropriate response.
(b) If a peace officer receives complaints of family violence from two (2) or more opposing persons, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one (1) person was the primary aggressor, the officer need not arrest the other person believed to have committed family violence but the peace officer shall document to the best of his or her ability the evidence concerning the actions of each participant in the incident.
(c) In determining whether a person is the primary aggressor the officer shall consider:

(1) Prior complaints of family violence;
(2) The relative severity of the injuries inflicted on each person;
(3) The likelihood of future injury to each person;
(4) Whether one of the persons acted in self-defense;
(5) The use or threatened use of a weapon; and
(6) The use or threatened use of physical force.

(d) A peace officer shall not:

(1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by peace officers by any party; or,
(2) Base the decision to arrest or not to arrest on:

(A) The specific consent or request of the victim; or,
(B) The officer’s perception of the willingness of a victim of or witness to the family violence to testify or otherwise participate in a judicial proceeding.

(e) In addition to any other report required, a peace officer who does not make an arrest after investigating a complaint of family violence or who arrests two (2) or more persons for a crime involving family violence must submit a written report setting forth the grounds for not arresting or for arresting both parties.

(a) Peace officers shall respond to every request for assistance or protection, from or on behalf of a victim of alleged family violence, whether or not an order has been issued against the alleged abuser.
(b) A high priority shall be assigned to calls involving alleged incidents of abuse or violations of orders relative to family violence. Every law enforcement agency shall develop and implement a comprehensive inter-agency and intra-agency or departmental family violence policy and protocol to include:

(1) the number of children in the family and/or household exposed to family violence; and
(2) referral to Child Protective Services for coordination and referral for assessment for appropriate counseling services.

(c) If the peace officer has reason to believe that a person is a victim of family violence, the officer shall use all reasonable means to prevent further family violence and to ensure the victim’s safety including:

(1) taking the action necessary to provide for the safety of the victim and any family or household member;
(2) exercising arrest powers pursuant to this Chapter;
(3) confiscating any weapon involved in the alleged family violence incident and the firearms identification card of any person(s) arrested;
(4) promptly filling out and filing a family violence report;
(5) arranging for transportation for the victim to a safe place or shelter;
(6) arranging transportation for the victim to the nearest hospital or medical facility for treatment of injuries;
(7) accompanying the victim to a previous residence to remove essential personal belongings;
(8) supervising the Court-ordered removal of an abuser from a residence shared with a victim; and
(9) giving the victim immediate and adequate written notice of the rights of victims and of the remedies and services available to victims of family violence.

(d) As part of the notice to the victim, the required written notice shall be given as follows:

“You have the right to request a peace officer’s assistance for your safety. You may also request that the peace officer assist you in obtaining your essential personal effects, and arranging transportation to a safe place, including but not limited to a designated meeting place for a shelter, a family member’s or a friend’s residence, or a similar place of safety. If you are in need of medical treatment, you have the right to request that the officer assist you in obtaining medical treatment. If you would like to speak with a victim’s assistance representative, one will be contacted for you.”

The above paragraph shall be read to all victims of family violence by the responding officer. Furthermore, the written notice shall advise the victim that victim advocates at the Office of the Attorney General are available to provide assistance to all victims, and can provide information about other support services in the community. The advocates’ address and current telephone numbers shall be displayed prominently on the written notice.
In addition, a responding officer shall give written notice to every victim of family violence that full legal services are available at no cost from the Guam Legal Services Corporation and from the Public Defender Service Corporation. The addresses and current telephone numbers of both offices shall be displayed prominently on the written notice. Full legal services could include the following orders:

(1) an order enjoining your abuser from threatening to commit or committing further acts of family violence;
(2) an order prohibiting your abuser from harassing, annoying, telephoning, contacting or otherwise communicating with you, directly or indirectly;
(3) an order removing your abuser from your residence;
(4) an order directing your abuser to stay away from you and any other family or household members, your residence, school, place of employment or any other specified place frequented by you and another family or household member;
(5) an order prohibiting your abuser from using or possessing any kind of weapon, instrument or thing to inflict bodily harm or injury;
(6) an order granting you possession and use of the automobile and other essential personal effects;
(7) an order granting custody of your child or children;
(8) an order denying your abuser visitation;
(9) an order specifying arrangements for visitation, including requiring supervised visitation; and
(10) an order requiring your abuser to pay certain costs and fees, such as rent or mortgage payments, child support payments, medical expenses, expenses for shelter, court costs and attorney’s fees.

The written notice may be revised from time to time to include contact information for other providers of victim support services, so long as those services are provided at no cost to the victim.
(e) The written notice:

(1) must not include the addresses of shelters; and
(2) must be provided in a language the victim can understand.

For a crime involving family violence, a peace officer:

(a) Shall, incident to an arrest, seize all weapons that are alleged to have been involved or threatened to be used in the commission of a crime.

(b) May seize a weapon that is in the plain view of the officer or was discovered pursuant to consensual search, as necessary for the protection of the officer or other persons.

(a) The Chief of Police shall establish, asan integral division of the Guam Police Department, the Domestic Abuse Response Team (‘DART’) unit consisting of peace officers, social workers, victim advocates or other persons who completed the Family Violence Training Program, or specifically trained in counseling, crisis intervention or in the treatment of domestic or family violence victims. Such teams may be dispatched, along with a peace officer, to the scene of a reported incident of domestic or family violence.

(b) The Chief of Police shall establish and maintain a continuation education and training program consistent with the Family Violence Training Program for peace officers and those involved and participating in DART.

(Information regarding effective dates, repeals, etc. is provided subsequently in this document.)

(a) A person is guilty of child abuse when:

(1) he subjects a child to cruel mistreatment; or

(2) having a child in his care or custody or under his control, he:

(A) deserts that child with intent to abandon him;

(B) subjects that child to cruel mistreatment; or

(C) unreasonably causes or permits the physical or, emotional health of that child to be endangered.

(b) Child abuse is a felony of the third degree when it is committed under circumstances likely to result in death or serious bodily injury. Otherwise, it is a misdemeanor.

(c) Voluntary surrender of physical custody of a newborn infant by a mother to authorized Safe Haven personnel pursuant to the provisions of the Newborn Infant Safe Haven Act, 19 GCA, Chapter 13, Article 5, is an absolute defense to prosecution for child abuse as a result of deserting that child with intent to abandon that child under Subsection (a)(2)(A) of this Section.

(1) For purposes of this Subsection, “authorized Safe Haven personnel” has the same meaning as defined under the Newborn Infant Safe Haven Act, 19 GCA § 13503(a).

(2) For purposes of this Subsection, “mother” has the same meaning as defined under the Newborn Infant Safe Haven Act, 19 GCA § 13503(d).

(3) For purposes of this Subsection, “newborn infant” has the same meaning as defined under the Newborn Infant Safe Haven Act, 19 GCA § 13503(e).