10 Guam Code Ann. § 69210
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| felony of the second degree | between 3 and 10 years | up to $10,000 |
) A person is guilty of motorboat or vessel homicide if, while, he or she does any act forbidden by law in the operation of any motorboat or vessel or if he or she negligently operates a motorboat or vessel, which act or negligence proximately causes death to any person other than himself or herself. As allowed in
§ 4.45 of Title 9, Guam Code Annotated, in proving that the person did any act forbidden by law, it shall not be necessary to
prove that the person possessed a culpable mental state.
Motorboat or vessel homicide is a felony of the second degree and shall be punishable by imprisonment in the custody of DOC and GPD for up to eight (8) years.
(b) A person is guilty of motorboat or vessel homicide while intoxicated if, while operating a motorboat or vessel in violation of § 69201 of this Chapter, he or she does any act forbidden by law in the operation of such motorboat or vessel or if he or she negligently operates a motorboat or vessel, which act or negligence proximately causes death to any person other than himself or herself. As allowed in § 4.45 of Title 9, Guam Code Annotated, in proving that the person did any act forbidden by law, it shall not be necessary to prove that the person possessed a culpable mental state. Motorboat or vessel homicide while intoxicated is a felony of the second degree and shall be punishable by imprisonment in the custody of DOC or GPD for not less than a mandatory five (5) years, and up to fifteen (15) years. The court may order that any person punished under this Subsection be prohibited from operating any motorboat or vessel on any waters of this Territory for a period of not more than ten (10) years.
§ 4.45 of Title 9, Guam Code Annotated, in proving that the person did any act forbidden by law, it shall not be necessary to
prove that the person possessed a culpable mental state.
Motorboat or vessel homicide is a felony of the second degree and shall be punishable by imprisonment in the custody of DOC and GPD for up to eight (8) years.
(b) A person is guilty of motorboat or vessel homicide while intoxicated if, while operating a motorboat or vessel in violation of § 69201 of this Chapter, he or she does any act forbidden by law in the operation of such motorboat or vessel or if he or she negligently operates a motorboat or vessel, which act or negligence proximately causes death to any person other than himself or herself. As allowed in § 4.45 of Title 9, Guam Code Annotated, in proving that the person did any act forbidden by law, it shall not be necessary to prove that the person possessed a culpable mental state. Motorboat or vessel homicide while intoxicated is a felony of the second degree and shall be punishable by imprisonment in the custody of DOC or GPD for not less than a mandatory five (5) years, and up to fifteen (15) years. The court may order that any person punished under this Subsection be prohibited from operating any motorboat or vessel on any waters of this Territory for a period of not more than ten (10) years.
10 Guam Code Ann. HEALTH AND SAFETY
CH. 69 BOATING
§ 69211. Use of Controlled Substance as Defense to
Violations.
The fact that any person charged with operating a motorboat or vessel under the influence of alcohol or any controlled substance or a combination thereof, in violation of § 69201 of this Chapter, is or has been entitled to use a controlled substance shall not constitute a defense against any violation of said § 69201.