Guam § 43 - Theft; Defined & Punishment Classified.

§ 43. Theft; Defined & Punishment Classified.

(a) Theft constitutes a felony of the second degree if the

amount involved exceeds One Thousand Five Hundred Dollars

($1,500) or if the property stolen is a bus, truck, automobile,

aircraft, motorcycle, or motor boat, or in the case of theft by

receiving stolen property, if the defendant is in the business of

buying and selling stolen property. In the case of theft as a felony

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

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 or of an offense constituting theft, the court may

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

and the provisions of this subsection prohibiting probation,

suspension, parole, or work release shall not be applicable to such

offender.

(b) Theft constitutes a felony of the third degree if the amount

involved is less than One Thousand Five Hundred Dollars

($1,500.00) but exceeds Five Hundred Dollars ($500.00) or if the

property stolen is a firearm or motorized vehicle other than those

set forth in Subsection (a) of this Section, or if the theft is through

an unauthorized electrical connection

COL9/7/2021

(c) Theft not constituting a felony of the second or third

degree is a misdemeanor if the amount involved exceeds Fifty

Dollars ($50) or if the property stolen is a credit card or if the

property was taken from the person or by extortion.

(d) Theft not constituting a felony of the second or third

degree or a misdemeanor is a petty misdemeanor.

(e) The amount involved in a theft shall be the fair market

value of the property or services which the defendant stole or

attempted to steal. Whether or not they have been issued or

delivered, written instruments not having a readily ascertained

market value shall be evaluated as follows:

(1) The value of an instrument constituting an evidence

of a debt, such as a check, draft or promissory note, shall be

the amount due or collectible thereon or thereby, that figure

ordinarily being the face amount of the indebtedness less any

portion thereof which has been satisfied.

(2) The value of any other instrument that creates,

releases, discharges or otherwise affects any valuable legal

right, privilege or obligation shall be deemed the greatest

amount of economic loss which the owner of the instrument

might reasonably suffer by virtue of the loss of the

instrument.

(f) Amounts involved in thefts committed pursuant to one

scheme or course of conduct, whether from the same person or

several persons or amount [sic] involved in thefts by a servant,

agent or employee from his principal or employer in any period of

twelve (12) consecutive months, may be aggregated in

determining the grade of the offense.