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Legal Information: Guam

Statutes: Guam

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December 10, 2020

19.30. Assault; Defined & Punished.

(a) A person is guilty of assault if he:

(1) either recklessly causes or attempts to cause bodily injury to another;

(2) recklessly uses a deadly weapon in such a manner as to place another in danger of bodily injury; or

(3) by physical menace intentionally puts or attempts to put another in fear of imminent bodily injury.

(b) (1) An assault against a peace officer who is performing his official duties as a peace officer is a felony of the third degree if the perpetrator knew or should have known that the victim was a peace officer.

(A) In any assault against a peace officer, the jury shall, with any finding of guilty, also return a finding as to whether the perpetrator had actual knowledge that the victim was a peace officer.

(B) If the jury finds that the perpetrator had actual knowledge that the victim was a peace officer, the court shallimpose a minimum sentence of one (1) year in prison without suspension, probation, parole, or work release.

(2) For purposes of this § 19.30, peace officer means one so defined in § 5.55, Title 8, Guam Code Annotated, and to also include those individuals serving in a volunteer law enforcement capacity within any government of Guam law enforcement entity.

(c) An assault committed by a peace officer on a person in his custody or control, without any provocation whatsoever and with the use of excessive force, is a felony of the third degree.

(d) An assault committed in a fight or scuffle entered into by mutual consent is a petty misdemeanor.

(e) Any other assault is a misdemeanor.