Guam § 1 - Territorial Applicability.

§ 1. Territorial Applicability.

(a) Except as otherwise provided in this Section, a person may be convicted under the law of this

Territory of an offense committed by his own conduct or the conduct of another for which he is legally

accountable if;

(1) he conduct which is an element of the offense or the result which is such an element occurs

within this Territory;

(2) conduct occurring outside the Territory is sufficient under the law of this Territory to

constitute an attempt to commit an offense within the Territory;

(3) conduct occurring outside the Territory is sufficient under the law of this Territory to

constitute a conspiracy to commit or offense within the Territory and an overt act in furtherance of

such conspiracy occurs within the Territory;

(4) conduct occurring within the Territory establishes complicity in the commission of, or an

attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction which is also an

offense under the law of this Territory.

(5) the offense consists of the omission to perform a legal duty imposed by the law of this

Territory with respect to domicile, residence, or a relationship to a person, thing, or transaction in the

Territory; or

(6) the offense is based on a statute of this Territory which expressly prohibits conduct outside

the Territory, when the conduct bears a reasonable relation to a legitimate interest of this Territory and

the person knows or should know that his conduct is likely to affect that interest.

(b) Paragraph (1) of Subsection (1) does not apply when either causing a specified result or an intent

to cause or danger of causing such a result is an element of an offense and the result occurs or is designed

or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense,

unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the

result.

(c) Paragraph (1) of Subsection (a) does not apply when causing a particular result is an element of an

offense and the result is caused by conduct occurring outside the Territory which would not constitute an

offense if the result had occurred there, unless the person intentionally or knowingly caused the result within

the Territory.

(d) When the offense is homicide, either death of the victim or the bodily impact causing death

constitutes a “result,” within the meaning of Paragraph (1) of Subsection (a) and if the body of a homicide

victim is found within the Territory, it is presumed that such result occurred within the Territory.

(e) The Territory includes the land and water and the air space above such land and water with respect

to which the Territory has legislative jurisdiction.

(f) Notwithstanding that territorial jurisdiction may be found under this Section, the court may dismiss,

hold in abeyance for up to six months, or with the permission of the defendant, place on an inactive list a

criminal prosecution under the law of this Territory where it appears that such action is in the interests of

justice because the defendant is being or is likely to be prosecuted for an offense based on the same conduct

CH. 1 PRELIMINARY PROVISIONS: DEFINITIONS

in another jurisdiction and this Territory’s interest will be adequately served by a prosecution in the other

jurisdiction.