Guam § 22 - Kidnapping; Defined & Punished.

§ 22. Kidnapping; Defined & Punished.

(a) A person is guilty of kidnapping if he unlawfully removes

another from his place of residence or business, or a substantial

distance from the vicinity where he is found, or if he unlawfully

confines another for a substantial period, with any of the following

purposes:

(1) to hold for ransom or reward;

(2) to facilitate commission of any felony or flight

thereafter;

(3) to inflict bodily injury on or to terrorize the victim or

another; or

(4) to interfere with the performance of any governmental

or political function.

(b) Kidnapping is a felony of the first degree unless the

defendant voluntarily releases the victim alive and in a safe place

prior to trial, in which case it is a felony of the second degree. In the

case of kidnapping 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 sentence of up to twenty-five

(25) years; said minimum term shall not be suspended nor probation

be imposed in lieu of such 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.

(c) A removal or confinement is unlawful within the meaning

of this section if it is accomplished by force, threat or deception, or,

in the case of a person who is under the age of fourteen (14) or

incompetent, if it is accomplished without the consent of a parent,

guardian or other person responsible for general supervision of his

welfare.

COL5242018