Terms Used In 11 Guam Code Ann. § 6815

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) Public enforcement of this Article is under the jurisdiction of the Attorney General. The Attorney General may seek assistance in the enforcement of this Article from other law enforcement agencies. This includes:

(1) any peace officer as defined by 8 Guam Code Ann. § 5.55;
and

(2) a Citizen Assisted Police Enforcement (CAPE)
volunteer as provided pursuant to 10 Guam Code Ann. § 77302.
(b) The Attorney General and the Guam Police Department may seize and confiscate any cigarette, package of cigarettes, or carton of cigarettes that is possessed, kept, stored, retained, held, owned, received, transported, imported, or caused to be imported, acquired, distributed, sold, or offered for sale in violation of this Article.

(c) Any cigarette, package of cigarettes, or carton of cigarettes unlawfully possessed, kept, stored, received, held, owned, acquired, retained, transported, imported, or caused to be imported, distributed, sold, or offered for sale, in violation of this Article, shall be forfeited as contraband and may be seized through any legal process available to the Attorney General. Any cigarette, package of cigarettes, or carton of cigarettes forfeited as provided in this Section shall be ordered destroyed.

(d) Notwithstanding the existence of other remedies at law, the Attorney General may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this Article. The injunction shall be issued without bond.

SOURCE: Added by P.L. 34-055:2 (Oct. 14, 2017) as § 6814, renumbered by the Compiler pursuant to the authority of 1 Guam Code Ann. § 1606.