Guam § 37 - Burglary: Defined, Punishment Classified.

§ 37. Burglary: Defined, Punishment Classified.

(a) A person is guilty of burglary if he enters or surreptitiously

remains in any habitable property, building, or a separately secured or

occupied portion thereof, or if he enters or surreptitiously remains in any

School as defined in § 37.10(e) of this Chapter, with intent to commit a

crime therein, unless the premises are at the time open to the public or the

defendant is licensed or privileged to enter, or a person is guilty of burglary

if he enters or surreptitiously remains in any motor vehicle, semi-trailer,

trailer, truck tractor, vehicle combination, motor bus, motor truck, or vehicle,

with intent to commit a crime therein. It is an affirmative defense to

prosecution for burglary that the property, or building, or motor vehicle was

abandoned.

(b) Burglary is a felony of the second degree. In the case of burglary

as a felony of the second degree, the court shall impose a sentence of

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imprisonment of a minimum term of five (5) years, and may impose a

maximum term of up to ten (10) years; the minimum term imposed shall not

be suspended nor may probation be imposed in lieu of the minimum term

nor shall parole or work release be granted before completion of the

minimum term. The sentence shall include a special parole term of not less

than three (3) years, in addition to such term of imprisonment. Provided,

however, that in the case of an offender not previously convicted of a felony,

the court may sentence the offender to not more than five (5) years

imprisonment as a third degree felony conviction, and the provisions of this

Subsection prohibiting probation, suspension, parole or work release shall

not be applicable to such offender.

(c) A second or subsequent offense of burglary to a school shall be a

felony of the first degree. In the case of a second or subsequent conviction of

burglary committed to a school as a felony of the first degree, the court shall

impose a sentence of imprisonment of a minimum term of ten (10) years, and

may impose a maximum term of up to twenty (20) years; the minimum term

imposed shall not be suspended nor may probation be imposed in lieu of the

minimum term nor shall parole or work release be granted before completion

of the minimum term. The sentence shall include a special parole term of not

less than three (3) years in addition to such term of imprisonment. However,

if the offender is under the age of eighteen years the court shall have the

discretion to suspend all or a portion of the minimum sentence, and may

encourage the Balanced Approach Restorative Justice Process.