Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
third degree felonyup to 5 yearsup to $5,000
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.30 and 9 Guam Code Ann. § 80.34
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(a) Any person who violates any of the provisions of § 32103(a) shall be guilty of a misdemeanor; but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the person shall be guilty of a third degree felony.

(b) No person shall be subject to the penalties of Subsection (a) of this
Section, (1) for having violated § 32103(a)(3), if the receipt, delivery or

COL120106
10 Guam Code Ann. HEALTH AND SAFETY
CH. 32 HAZARDOUS SUBSTANCES

preferred delivery of the hazardous substance was made in good faith, unless he refuses to furnish on request of an officer or employee duly designated by the Director, the name and address of the person from whom he purchased or received such hazardous substance and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to him; or (2) for having violated § 32103(a)(1), if he establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom received in good faith the hazardous substance to the effect that the hazardous substance is not a misbranded hazardous or a banned hazardous substance with the meaning of those terms in the Chapter.

SOURCE: GC § 9620.3.

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