Guam § 162 - Perpetrator Assumes Risks of Loss, Injury or Death.

§ 162. Perpetrator Assumes Risks of Loss, Injury or Death.

COL120106

A perpetrator assumes the risk of loss, injury, or death resulting from

or arising out of a course of criminal conduct involving a crime, as defined

in this Act, engaged in by the perpetrator or a person who aids or abets the

perpetrator, as defined in Title 9, Guam Code Annotated, and the crime

victim is immune from and not liable for any damages as a result of acts or

omissions of the victim unless the victim used unreasonable force.

However, the perpetrator’s assumption of risk does not eliminate the crime

victim’s duty to protect against conditions upon the premises which the

crime victim knows or has reason to know may create an unreasonable risk

of harm or which may cause a foreseeable trespass by minors, nor does the

assumption of risk apply to perpetrators who are mentally incompetent, nor

does the assumption of risk apply to injury or damage resulting from the

criminal acts by the victim.