10 GCA § 90114: Prohibition of Smoking in a Vehicle When a Child is Present.

(a) Smoking is prohibited in a motor vehicle if a child who is seventeen (17) years of age or younger or a pregnant woman is present in the vehicle, regardless of whether the vehicle is moving or stationary.

(b) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a maximum fine of One Hundred Dollars ($100.00) for a first offense. Alternatively, the offender may plead guilty to the offense and remit a fine of One Hundred Dollars ($100.00).

(c) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a fine of no less than One Hundred Dollars ($100.00) and no more than Two Hundred Dollars ($200.00) for a second offense. The fine shall not be suspended by the court for second or subsequent offenses. Alternatively, the offender may plead guilty to the offense and remit a fine of Two Hundred Dollars ($200.00).

(d) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a fine of no less than Two Hundred Dollars ($200.00) and no more than Five Hundred Dollars ($500.00) for a third offense, and for each additional violation thereafter. Alternatively, the offender may plead guilty to the offense and remit a fine of Five Hundred Dollars ($500.00).

(e) Enforcement of this Section by a local law enforcement officer shall be conducted whenever a violation is witnessed.

(f) Three (3) or more violations of this Section may be used as a basis for or evidence of child abuse or neglect.

(g) All fines paid, upon a conviction pursuant to a violation of this § 90114, shall be deposited in the Guam Cancer Trust Fund (P.L. 30-80, codified in Title 11, Chapter 26, Guam Code Annotated, as amended), and shall be expended pursuant to applicable law and regulations pertaining to the Fund.