{"data":{"id":"us-gu/8-gca-90.21","jurisdiction":"us-gu","citation":"8 GCA § 90.21","heading":"Proof of Each Element of Offense Required: Exceptions for Negation of Defense; Affirmative Defense.","body":"(a) No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.\n(b) Subsection (a) does not require negating a defense (1) by allegation in the indictment, information or complaint, or (2) by proof at trial, unless the issue is in the case as a result of evidence at the trial sufficient to raise a reasonable doubt on the issue.\n(c) Subsection (a) does not apply to any defense which a statute explicitly designates as an “affirmative defense.” Defenses so designated must be proved by the defendant by a preponderance of evidence.","path":["Title 8: Criminal Procedure","Chapter 90: Trial"],"source_url":"https://col.guamcourts.gov/sites/default/files/8gc090.pdf","current_through":"P.L. 38-133 (June 4, 2026)","vintage":"","retrieved_at":"2026-09-27T02:41:58Z","sha256":"0c6c8776514471816dacc520a6f8c0eb67202564335521e66b6393052bec715a","source_id":"us-gu","stale":false,"prev":"us-gu/8-gca-90.19","next":"us-gu/8-gca-90.23"},"notice":"GroundRules: Original legal text. Not legal advice."}
