Guam § 37 - Criminal Trespass: Defined, Punished, Defenses.

§ 37. Criminal Trespass: Defined, Punished, Defenses.

(a) A person commits an offense if, knowing that he is not licensed or

privileged to do so, he enters or surreptitiously remains in any habitable

property or any building or any motor vehicle. An offense under this

Subsection is a misdemeanor if it is committed in a dwelling or motor

vehicle. Otherwise it is a petty misdemeanor.

(b) A person commits an offense if, knowing that he is not licensed or

privileged to do so, he enters or remains in any place as to which notice

against trespass is given by:

(1) actual communication to the defendant;

(2) posting in a manner prescribed by law or reasonably likely to

come to the attention of intruders; or

(3) fencing or other enclosure manifestly designed to exclude

intruders. An offense under this Subsection constitutes a petty

misdemeanor if the offender defies an order to leave personally

communicated to him by the owner of the premises or other authorized

person or a peace officer. Otherwise it is a violation.

(c) It is an affirmative defense to prosecution under this Section that:

(1) the property or building involved in an offense under

Subsection (a) was abandoned;

(2) the premises were at the time open to members of the public

and the defendant complied with all lawful conditions imposed on

access to or remaining in the premises; or

(3) the defendant reasonably believed that the owner of the

premises, or other person empowered to license access thereto, would

have licensed him to enter or remain.