Guam § 4 - Causation Established and Defined.

§ 4. Causation Established and Defined.

(a) An element of an offense which requires that the defendant have

caused a particular result is established when his conduct is an antecedent

but for which the result would not have occurred, and,

(1) if the offense requires that the defendant intentionally or

knowingly caused the result, that the actual result, as it occurred,

(A) is within the purpose of contemplation of the defendant,

whether the purpose or contemplation extends to natural events or

to the conduct of another, or, if not,

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(B) involves the same kind of injury or harm as that designed

or contemplated and is not too remote, accidental in its

occurrence or dependent on another's volitional act to have a just

bearing on the defendant's liability or on the gravity of his

offense;

(2) if the offense requires that the defendant recklessly or

negligently cause the result, that the actual result, as it occurred,

(A) is within the risk of which the defendant was or should

have been aware, whether that risk extends to natural events or to

the conduct of another, or, if not,

(B) involves the same kind of injury or harm as that

recklessly or negligently risked and is not too remote, accidental

in its occurrence or dependent on another's volitional act to have a

just bearing on the defendant's liability or on the gravity of his

offense;

(3) if the offense imposes strict liability, that the actual result, as it

occurred, is a probably consequence of the defendant's conduct.

(b) A defendant shall not be relieved of responsibility for causing a

result if the only difference between what actually occurred and what was

designed, contemplated or risked is that a different person or property was

injured or affected or that a less serious or less extensive injury or harm

occurred.