Guam § 1 - Concurrent Jurisdiction. When a Bar to Prosecution.

§ 1. Concurrent Jurisdiction. When a Bar to Prosecution.

When conduct constitutes an offense within the concurrent jurisdiction of Guam and of the United

States or any state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in Guam

under the following circumstances:

(a) the first prosecution resulted in an acquittal or in a conviction as defined in § 1.24 and the

subsequent prosecution is based on the same conduct, unless

(1) the offense of which the defendant was formerly convicted or acquitted and the offense

for which he is subsequently prosecuted each requires proof of a fact not required by the other

and the law defining each of such offenses is intended to prevent a substantially different harm or

evil or

(2) the offense for which the defendant is subsequently prosecuted is intended to prevent a

substantially more serious harm or evil than the offense of which he was formerly convicted or

acquitted or

(3) the second offense was not consummated when the former trial began; or

(b) the former prosecution was terminated after the information was filed or the indictment found,

by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed

or vacated and which acquittal, final order or judgment necessarily required a determination

inconsistent with a fact which must be established for conviction of the offense of which the defendant

is subsequently prosecuted.