Chapter 53

7 GCA CIVIL PROCEDURE CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 1 CHAPTER 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 SOURCE: Entire chapter added by P.L. 35-067:1 (Feb. 12, 202 0). § 53101. Title. § 53102. Definitions. § 53103. Civil Action. § 53104. Exceptions to Liability. § 53105. Plaintiff’s Privacy. § 53106. Remedies. § 53107. Statute of Limitations. § 53108. Construction. § 53101. Title. This Chapter shall be known as the 'Guam Uniform Civil Remedies for Unauthorized Disclosure of Intimate Im ages Act of 2019.' § 53102. Definitions. As used in this Chapter, the term: (a) child means an unemancipated individual who is less than eighteen (18) years of age; (b) consent means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization; (c) depicted individual means an individual whose body is shown in whole or in part in an intimate im age; (d) dis closure means transfer, publication, or distribution to another person; and disclose has a corresponding meaning; (e) harm means physical harm, economic harm, or emotional

an intimate im age; (d) dis closure means transfer, publication, or distribution to another person; and disclose has a corresponding meaning; (e) harm means physical harm, economic harm, or emotional distress whether or not accompanied by ph ysical or economic harm; COL5/8/20207 GCA CIVIL PROCEDURE CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 2 (f) identifiable means recognizable by a person other than the depicted individual: (1) from an intimate image itself; or (2) from the intimate image and identifying characteristic displayed in connection with the int imate image; (g) identifying characteristic means information that may be used to identify a depicted individual; (h) individual means a human being. (i) intimate image means a photograph, film, video recording, or other similar medium that shows: (1) the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individu al; or (2) the depicted individual engaging in or being subjected to sexual conduct. (j) parent means an individual recognized as a parent under Guam law.

post-pubescent nipple of a depicted individu al; or (2) the depicted individual engaging in or being subjected to sexual conduct. (j) parent means an individual recognized as a parent under Guam law. (k) person means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality , or other legal entity; (l) private means : (1) created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or (2) made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property; (m) sexual conduct includes: (1) masturbation; COL5/8/20207 GCA CIVIL PROCEDURE CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 3 (2) genital, anal, or oral sex; (3) sexual penetration of, or with, an object; (4) bestiality; or (5) the transfer of semen onto a depicted individual. § 53103. Civil Action. (a) Except as otherwise provided in § 53104 of this Chapter, a depicted individual who is identifiable and who s uffers harm from a person’s

f semen onto a depicted individual. § 53103. Civil Action. (a) Except as otherwise provided in § 53104 of this Chapter, a depicted individual who is identifiable and who s uffers harm from a person’s intentional disclosure or threatene d disclosure of an intimate image that was private without the depi cted individual’s consent has a cause of action against the person if the person knew or acted with reckless disregard fo r whether: (1) the depicted individual did not consent to the disclosure; (2) the intimate image was private; and (3) the depicted individual was identifiable. (b) The following conduct by a depicted individual does not establish by itself that the individual consented t o the disclosure of the intimate image which is the subject of the a ction or that the individual lacked a reasonable expectation of p rivacy: (1) consent to the creation of the image; or (2) previous consensual disclosure of the image. (c) A depicted individual who does not consent to s exual conduct or the uncovering of the part of the body d epicted in the intimate image of the individual retains a reasonab le expectation of privacy even if the image was created when the i ndividual was in a

ct or the uncovering of the part of the body d epicted in the intimate image of the individual retains a reasonab le expectation of privacy even if the image was created when the i ndividual was in a public place. (d) This Section is not the exclusive remedy for an intentional disclosure or threatened disclosure of an intimate image, and a plaintiff may also bring any other ava ilable common law or statutory claims. § 53104. Exceptions to Liability. COL5/8/20207 GCA CIVIL PROCEDURE CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 4 (a) A person is not liable under this Chapter if th e person proves that disclosure of, or a threat to disclose, an intimate image was: (1) made in good faith in: (A) law enforcement; (B) a legal proceeding; or (C) medical education or treatment; or (2) made in good faith in the reporting or investig ation of: (A) unlawful conduct; (B) unsolicited and unwelcome conduct; or (C) a matter of public concern or public interest; or (3) reasonably intended to assist the depicted individual. (b) Subject to Subsection (c) of this Section, a de fendant who is a parent, legal guardian, or individual with legal

or public interest; or (3) reasonably intended to assist the depicted individual. (b) Subject to Subsection (c) of this Section, a de fendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this Chapter for a d isclosure or threatened disclosure of an intimate image, as defi ned in § 53102(i), of the child. (c) If a defendant asserts an exception to liabilit y under Subsection (b) of this Section, the exception does not apply if the plaintiff proves the disclosure was: (1) prohibited by law other than this Subsection; o r (2) made for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetar y or commercial gain. (d) Disclosure of, or a threat to disclose, an inti mate image is not a matter of public concern or public interes t solely because the depicted individual is a public figure. § 53105. Plaintiff’s Privacy. COL5/8/20207 GCA CIVIL PROCEDURE CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 5 In an action under this Chapter: (a) a plaintiff may proceed using a pseudonym in pl ace of the true name of the plaintiff; (b) the court may exclude or

ED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 5 In an action under this Chapter: (a) a plaintiff may proceed using a pseudonym in pl ace of the true name of the plaintiff; (b) the court may exclude or redact from all pleadi ngs and documents filed in the action other identifying characteristics of the plaintiff; (c) a plaintiff to whom Subsection (a) or (b) of th is Section applies shall file with the court and serve on the defendant a confidential information form that incl udes the excluded or redacted plaintiff’s name and other ide ntifying characteristics; and (d) the court may make further orders as necessary to protect the identity and privacy of a plaintiff. § 53106. Remedies. (a) In an action under this Chapter, a prevailing p laintiff may recover: (1) the greater of: (A) economic and noneconomic damages proximately caused by the defendant’s disclosures o r threatened disclosures, including damages for emotional distress whether or not accompanied by other damages; or (B)(i) statutory damages not to exceed Ten Thousand Dollars ($10,000) against each defendant found liable under this Chapter for all disclosures and threatened disclosures by the defendant of which the

)(i) statutory damages not to exceed Ten Thousand Dollars ($10,000) against each defendant found liable under this Chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action; (ii) in determining the amount of statutory damages under this Subsection (a)(1)(B), consideration must be given to the age of the parties at the time of the disclosure or threatened COL5/8/20207 GCA CIVIL PROCEDURE CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 6 disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors; (2) an amount equal to any monetary gain made by th e defendant from disclosure of the intimate image; an d (3) punitive damages as allowed under Guam law othe r than this Chapter. (b) In an action under this Chapter, the court may award a prevailing plaintiff: (1) reasonable attorney fees and costs; and (2) additional relief, including injunctive relief.

e r than this Chapter. (b) In an action under this Chapter, the court may award a prevailing plaintiff: (1) reasonable attorney fees and costs; and (2) additional relief, including injunctive relief. (c) This Chapter does not affect a right or remedy available under Guam law other than this Chapter. § 53107. Statute of Limitations. (a) An action under § 53103(a) for: (1) an unauthorized disclosure may not be brought l ater than four (4) years from the date the disclosure wa s discovered or should have been discovered with the exercise of reasonable diligence; and (2) a threat to disclose may not be brought later t han four (4) years from the date of the threat to discl ose. (b) Except as otherwise provided in Subsection (c) of this Section, this Section is subject to the tolling sta tutes of Guam. (c) In an action under § 53103(a) by a depicted ind ividual who was a minor on the date of the disclosure or th reat to disclose, the time specified in Subsection (a) of t his Section does not begin to run until the depicted individual atta ins the age of majority. § 53108. Construction. COL5/8/20207 GCA CIVIL PROCEDURE CH.

se, the time specified in Subsection (a) of t his Section does not begin to run until the depicted individual atta ins the age of majority. § 53108. Construction. COL5/8/20207 GCA CIVIL PROCEDURE CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019 7 (a) This Chapter shall be construed to be consistent with the federal Communications Decency Act of 1996 , 47 U.S.C. § 230 (b) This Chapter may not be construed to alter the Government Claims Act, 5 GCA Chapter 6. ---------- COL5/8/2020