Guam § 26 - Sentencing Enhancements.

§ 26. Sentencing Enhancements.

(a) Sentencing considerations in cases involving criminal

sexual conduct, serious bodily injury, or death. If a violation of

this article involves kidnapping or an attempt to kidnap, criminal

sexual conduct, or an attempt to commit homicide, or if a

homicide results, the defendant commits a first degree felony.]

(b) Additional sentencing considerations, include but not

limited to;

(1) Bodily Injury. If, pursuant to a violation of this

article, a victim suffered bodily injury, the sentence may be

enhanced as follows:

(A) bodily injury, up to an additional three (3)

years of imprisonment;

(B) serious bodily injury, up to an additional eight

(8) years if imprisonment;

(C) permanent or life-threatening bodily injury, an

additional 7 years of imprisonment;

(D) if death results, defendant shall be sentenced

in accordance with the homicide statute relevant for the

level of criminal intent.

(2) Time in Servitude. In determining sentences within

statutory maximums, the sentencing court should take into

account the time in which the victim was held in servitude,

with increased penalties for cases in which the victim was

held for between ninety (90) days and one (1) year, and

further increased penalties for cases in which the victim was

held for more than (1) one year.

(3) Number of Victims. In determining sentences

within statutory maximums, the sentencing court should

take into account the number of victims, and may provide

for substantially increased sentences in cases involving

more than two (2) victims.

ARTICLE 2

PREVENTION OF TRAFFICKING