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9 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 1 CHAPTER 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY SOURCE: This entire Chapter was enacted by P.L. 29-063:1 (Apr. 4, 2008). 2015 NOTE: This chapter and its subsections were renumbered to adhere to the Compiler’s general codification schem e pursuant to the authority granted by 1 GCA § 1606. Article 1. Electronic Display and Enticement. Article 2. Child Pornography. ARTICLE 1 ELECTRONIC DISPLAY AND ENTICEMENT § 25A101. Legislative Findings and Intent. § 25A102. Indecent Electronic Display to a Child. § 25A103. Electronic Enticement of a Child as a Thi rd Degree Felony. § 25A104. Electronic Enticement of a Child as a Sec ond Degree Felony. § 25A105. Electronic Enticement of a Child as a Fir st Degree Felony. § 25A101. Legislative Findings and Intent. I Liheslaturan Guåhan finds that there is a critical need to clearly and explicitly define material that is obsc ene, material that is pornographic for minors and child pornograp hy, as well as to update Guam’s laws to protect children from inte rnet predators.

learly and explicitly define material that is obsc ene, material that is pornographic for minors and child pornograp hy, as well as to update Guam’s laws to protect children from inte rnet predators. The internet is arguably the most impor tant learning tool of the Twenty-first (21st) Century. Unfortuna tely, the same internet also poses one of the greatest threats to child safety. It is the intent of I Liheslatura to ensure that our laws are strong enough to adequately protect Guam’s children from online predators and child pornography and to sever ely punish the offenders. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 2 § 25A102. Indecent Electronic Display to a Child. (a) Any person who intentionally masturbates or intentionally exposes the genitals of him or hersel f, or of another, in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service, and who knows or should know or has reason to believe that the transmission is viewed on a computer or other devic e capable of electronic data storage or transmission, by: (1) a minor known by the person to be under the age of

or has reason to believe that the transmission is viewed on a computer or other devic e capable of electronic data storage or transmission, by: (1) a minor known by the person to be under the age of eighteen (18) years; (2) another person, in reckless disregard of the ri sk that the other person is under the age of eighteen (18) years, and the other person is under the age of eighteen ( 18) years; or (3) another person who represents him or herself to be under the age of eighteen (18) years is guilty of i ndecent electronic display to a child. (b) Indecent electronic display to a child is a Thi rd Degree Felony. (c) It shall not constitute a defense against any c harge or violation of this Section that a law enforcement of ficer, peace officer, or other person working at the direction o f law enforcement was involved in the detection or invest igation of a violation of this Section. § 25A103. Electronic Enticement of a Child as a Th ird Degree Felony. (a) Any person who, using a computer online service , internet service, or any other device capable of el ectronic data storage or transmission to solicit, lure, or entice , or attempt to solicit, lure, or entice: (1) intentionally

uter online service , internet service, or any other device capable of el ectronic data storage or transmission to solicit, lure, or entice , or attempt to solicit, lure, or entice: (1) intentionally or knowingly communicates: (A) with a minor known by the person to be under the age of eighteen (18) years; COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 3 (B) with another person, in reckless disregard of the risk that the other person is under the age of eighteen (18) years, and the other person is under the age of eighteen (18) years; or (C) with another person who represents him or herself to be under the age of eighteen (18) years, (2) with the intent to promote or facilitate the commission of an unlawful sexual act or sexual offe nse in violation of Guam law, or another criminal offense as set forth in Title 9 GCA Chapter 89, § 89.01, is guilty of electronic enticement of a child as a Third Degree Felony. (b) Electronic enticement of a child under this Sec tion is a Third Degree Felony. (c) Each separate use of a computer online service, internet service, or any other device capable of electronic data storage or transmission

t of a child under this Sec tion is a Third Degree Felony. (c) Each separate use of a computer online service, internet service, or any other device capable of electronic data storage or transmission wherein an offense described in this S ection is committed may be charged as a separate offense. (d) It shall not constitute a defense against any c harge or violation of this Section that a law enforcement of ficer, peace officer, or other person working at the direction o f law enforcement was involved in the detection or invest igation of a violation of this Section. SOURCE : Amended by P.L. 31-246:2 (Dec. 6, 2012). § 25A104. Electronic Enticement of a Child as a Sec ond Degree Felony. (a) Any person who, using a computer online service , internet service, or any other device capable of el ectronic data storage or transmission: (1) intentionally or knowingly communicates: (A) with a minor known by the person to be under the age of eighteen (18) years; (B) with another person, in reckless disregard of the risk that the other person is under the age of eighteen (18) years, and the other person is under the age of eighteen (18) years; or COL6/24/20219 GCA CRIMES AND CORRECTIONS CH.

less disregard of the risk that the other person is under the age of eighteen (18) years, and the other person is under the age of eighteen (18) years; or COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 4 (C) with another person who represents him or herself to be under the age of eighteen (18) years , (2) with the intent to promote or facilitate the commission of a felony, or another criminal offense as set forth in Title 9 GCA Chapter 89, § 89.01, agrees to meet with the minor, or with another person who represen ts him or herself to be a minor under the age of eighteen (18) years; and (3) intentionally or knowingly travels to the agree d upon meeting place at the agreed upon meeting time, is guilty of electronic enticement of a child as a Sec ond Degree Felony. (b) Electronic enticement of a child under this Sec tion is a Second Degree Felony. SOURCE : Amended by P.L. 31-246:2 (Dec. 6, 2012). § 25A105. Electronic Enticement of a Child as a Fir st Degree Felony. (a) Any person who, using a computer online service , internet service, or any other device capable of el ectronic data storage or transmission: (1) intentionally or

Child as a Fir st Degree Felony. (a) Any person who, using a computer online service , internet service, or any other device capable of el ectronic data storage or transmission: (1) intentionally or knowingly communicates: (A) with a minor known by the person to be under the age of eighteen (18) years; (B) with another person, in reckless disregard of the risk that the other person is under the age of eighteen (18) years, and the other person is under the age of eighteen (18) years; or (C) with another person who represents him or herself to be under the age of eighteen (18) years, (2) with the intent to promote or facilitate the commission of a felony: (A) that is murder or aggravated murder as defined in Title 9 GCA Chapter 16; (B) that is a first degree felony; or COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 5 (C) that is another criminal offense as set forth i n Title 9 GCA Chapter 89, § 89.01, agrees to meet wit h the minor, or with another person who represents hi m or herself to be a minor under the age of eighteen (18) years; and (3) intentionally or knowingly travels to the agree d upon meeting place at the agreed upon

with another person who represents hi m or herself to be a minor under the age of eighteen (18) years; and (3) intentionally or knowingly travels to the agree d upon meeting place at the agreed upon meeting time, is guilty of electronic enticement of a child as a Fir st Degree Felony. (b) Electronic enticement of a child under this Sec tion is a First Degree Felony. SOURCE : Amended by P.L. 31-246:2 (Dec. 6, 2012). ARTICLE 2 CHILD PORNOGRAPHY § 25A201. Definitions. § 25A202. Possession of Child Pornography. § 25A203. Dissemination of Child Pornography. § 25A204. Production of Child Pornography. § 25A201. Definitions. As used in this Chapter: (a) Child pornography means any pornographic visual representation, including any photograph, fi lm, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if: (1) the pornographic production of the visual representation involves the use of a minor engaging in sexual conduct; or (2) the pornographic visual representation has been created, adapted, or modified to appear that a n identifiable minor is engaging in sexual conduct.

he use of a minor engaging in sexual conduct; or (2) the pornographic visual representation has been created, adapted, or modified to appear that a n identifiable minor is engaging in sexual conduct. (b) Community standards means the standards of Guam. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 6 (c) Computer means any electronic, magnetic, optic al, electrochemical, or other high-speed data processin g device performing logical, arithmetic, or storage function s, and includes, all computer equipment connected or relat ed to such a device in a computer system or computer netw ork, but shall not include an automated typewriter or ty pesetter, a portable hand-held calculator, or other similar d evice. (d) Computer equipment means any equipment or devices, including all input, output, processing, s torage, software, or communications facilities, intended to interface with the computer. (e) Computer network means two (2) or more computers or computer systems, interconnected by communication lines, including microwave, electroni c, or any other form of communication.

th the computer. (e) Computer network means two (2) or more computers or computer systems, interconnected by communication lines, including microwave, electroni c, or any other form of communication. (f) Computer program or software means a set of computer-readable instructions or statements and re lated data that, when executed by a computer system, caus es the computer system or the computer network to which it is connected to perform computer services. (g) Computer services includes, but is not limited to the use of a computer system, computer network, com puter program, data prepared for computer use, and data contained within a computer system or computer netw ork. (h) Computer system means a set of interconnected computer equipment intended to operate as a cohesiv e system. (i) Data means information, facts, concepts, softw are, or instructions prepared for use in a computer, com puter system, or computer network. (j) Lascivious means tending to incite lust to dep rave the morals with respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.

vious means tending to incite lust to dep rave the morals with respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards. (k) Material means any printed matter, visual representation, or sound recording and includes, bu t is not COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 7 limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and t ape or wire recordings. (l) Minor means any person less than eighteen (18) years old. (m) Pornographic shall have the same meaning as in Title 9 GCA Chapter 28, Article 2. (n) Sadomasochistic abuse means flagellation or torture by or upon a person as an act of sexual sti mulation or gratification. (o) Sexual conduct means acts of sexual penetration , sexual contact, masturbation, bestiality, sexual pe netration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor. (p) Visual representation includes, but is not limi ted to, undeveloped film and videotape and data stored on computer disk or by electronic means that are

on of the genital or pubic area of a minor. (p) Visual representation includes, but is not limi ted to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capab le of conversion into a visual image. (q) Disseminate means to publish, sell, distribute, transmit, exhibit, present material, mail, ship, or transport by any means, including by computer, or to offer or agree to do the same. § 25A202. Possession of Child Pornography. (a) A person commits the offense of possession of child pornography if, knowing or having reason to know it s character and content, the person possesses: (1) child pornography; (2) any book, magazine, periodical, film, videotape , computer disk, electronically stored data, or any o ther material that contains an image of child pornograph y; or (3) any pornographic material that employs, uses, o r otherwise contains a minor engaging in or assisting others to engage in sexual conduct. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 8 (b) The fact that a person engaged in the conduct s pecified by this Section is prima facie evidence that the de fendant had knowledge of

IONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 8 (b) The fact that a person engaged in the conduct s pecified by this Section is prima facie evidence that the de fendant had knowledge of the character and content of the mater ial. The fact that the person who was employed, used, or otherwis e contained in the pornographic material was, at that time, a m inor is prima facie evidence that the defendant knew the person t o be a minor. (c) Possession of child pornography under this Sect ion is a Second Degree Felony. § 25A203. Dissemination of Child Pornography. (a) A person commits the offense of dissemination of ch ild pornography if, knowing or having reason to know it s character and content, the person: (1) disseminates child pornography; (2) reproduces child pornography with intent to disseminate; (3) disseminates any book, magazine, periodical, fi lm, videotape, computer disk, electronically stored dat a, or any other material that contains an image of child porn ography; (4) disseminates any pornographic material that employs, uses, or otherwise contains a minor engagi ng in or assisting others to engage in sexual conduct; or (5) possesses ten (10) or more images

hy; (4) disseminates any pornographic material that employs, uses, or otherwise contains a minor engagi ng in or assisting others to engage in sexual conduct; or (5) possesses ten (10) or more images of any form of child pornography regardless of content, and the co ntent of at least one (1) image contains one (1) or more of the following: (A) a minor who is younger than the age of fourteen (14); (B) sadomasochistic abuse of a minor; (C) sexual penetration of a minor; or (D) bestiality involving a minor. (b) The fact that a person engaged in the conduct s pecified by this Section is prima facie evidence that the de fendant had knowledge of the character and content of the mater ial. The fact COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 9 that the person who was employed, used, or otherwis e contained in the pornographic material was, at that time, a m inor is prima facie evidence that the defendant knew the person t o be a minor. (c) Dissemination of child pornography under this S ection is a First Degree Felony. § 25A204. Production of Child Pornography.

prima facie evidence that the defendant knew the person t o be a minor. (c) Dissemination of child pornography under this S ection is a First Degree Felony. § 25A204. Production of Child Pornography. (a) A person commits the offense of production of c hild pornography if, knowing or having reason to know it s character and content, the person produces, manufactures, rep roduces, copies, photographs, films, videotapes, video captu res, creates, directs, promotes, advertises, publishes, issues, o r presents to show any visual depiction of child pornography as d efined in § 25A201 of this Chapter, or any pornographic materia l where: (1) the production of such visual depiction involve s the use of a minor engaging in sexual conduct; (2) such visual depiction is a digital image, compu ter image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexual conduct; (3) such visual depiction has been created, adapted , or modified to appear that an identifiable minor is en gaging in sexual conduct; (4) there is visual material containing the lewd or lascivious display of a minor’s intimate area under neath clothing or sexual conduct of a minor;

identifiable minor is en gaging in sexual conduct; (4) there is visual material containing the lewd or lascivious display of a minor’s intimate area under neath clothing or sexual conduct of a minor; or (5) there is visual material containing the display of a minor’s intimate area underneath clothing that is p rohibited under 9 GCA § 70.35. (b) The fact that a person engaged in the conduct s pecified by this Section is prima facie evidence that the de fendant had knowledge of the character and content of the mater ial. The fact that the person who was employed, used, or otherwis e contained in the pornographic material was, at that time, a m inor is prima facie evidence that the defendant knew the person t o be a minor. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY 10 (c) Production of child pornography is a First Degr ee Felony. SOURCE: Added by P.L. 35-122:1 (Dec. 11, 2020). ---------- COL6/24/2021