9 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 1 CHAPTER 28 PUBLIC INDECENCY 2014 NOTE: Unless otherwise indicated, the Notes and Comments are the original annotations from the Criminal and Correctional Code (1977), enacted by P.L. 32-185 (Sept. 2, 1976) . These annotations were included when the Criminal and Cor rectional Code (1977) was 'recodified' as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1980). These original annotations were retained in past print publication s of the GCA,and are included herein for historical purposes. The So urce notes, however, have been updated to reflect subsequent ch anges to each provision. Article 1. Prostitution. Article 2. Obscenity and Related Offenses. ARTICLE 1 PROSTITUTION § 28.10. Prostitution Defined; Punishment Establish ed; Definitions. § 28.15. Loitering for the Purpose of Soliciting to Engage in Prostitution. § 28.20. Promoting Prostitution; Punishment; Defens e. § 28.25. Abetting Prostitution; Punishment. § 28.30. Compelling Prostitution; Punishment. § 28.35 Evidence of Place & Persons Admissible. COMMENT: (1978) Article 1 continues what appeared to be th e policy of repressing commercialized sexual . § 28.30. Compelling Prostitution; Punishment. § 28.35 Evidence of Place & Persons Admissible. COMMENT: (1978) Article 1 continues what appeared to be th e policy of repressing commercialized sexual activity found in the former Guam Penal Code. However, because of defects in that Cod e which did not permit the prosecution of prostitution, per se, ver y little has been done in the area. This Code improves upon the situation by defining prostitution to mean engaging in, or agreeing to engage in, or o ffering to engage in sexual intercourse or deviate sexual intercourse in return for a 'pecuniary benefit.' Thus, one need prove only one act to prov e prostitution rather than, as in the past, proving a Acourse of conduct. @ Section 28.15 creates a crime of soliciting, engagi ng in or offering to engage in prostitution in, or in view of, a plac e which could be described broadly as a 'public place.' Sections 28.20 and 28.25 follows the Model Penal Co de in providing comprehensively for various aspects of co nduct engaged in by COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 2 those who exploit prostitutes for their own benefit . de in providing comprehensively for various aspects of co nduct engaged in by COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 2 those who exploit prostitutes for their own benefit . § 28.30 groups together conduct of aiding prostitution which is ac companied by force or duress which exploits the immature, or which victim izes a dependent person. This both broadens former law by addressing itself directly to the exploitation of dependents and minors and narrows i t by excluding conduct which is peripheral to prostitution. Contra st former § 266g. Compare former §§ 273b and 309, G.P.C. Section 28.35 deals with the admissibility of evide nce proving the general repute of persons who frequent a place alle ged to be a house of prostitution. (1994) In general, P.L. 22-158 toughened definitio ns, penalties and the scope of the prostitution laws. Both parties to the transaction maybe prosecuted and prostitution is illegal whether or n ot it takes place in a 'public place'. § 28.10. Prostitution Defined; Punishment Establish ed; Definitions. (a) A person who engages in, or agrees to engage in , or offers to engage in, sexual penetration or sexual c ontact or in any sexual 28.10. Prostitution Defined; Punishment Establish ed; Definitions. (a) A person who engages in, or agrees to engage in , or offers to engage in, sexual penetration or sexual c ontact or in any sexual conduct or act with another person in return for a fee or in consideration of a pecuniary benefit commits the cr ime of prostitution. It is the intent of this section that guilt attach to both the payor and the recipient of the fee or pecuniary benefit that is the consideration for the act of prostitution, exce pt that a police officer engaged in the performance of his or her of ficial duties in the performance of an investigation of offenses com mitted under this chapter shall not be charged under this sectio n. (b) (1) A person convicted of prostitution shall be guilty of a misdemeanor; or (2) A person convicted of a third offense of prosti tution within three (3) years of the first two (2) offense s shall be guilty of a felony of the third degree; or (3) A person convicted of prostitution who is deter - mined to have known that he or she was infected wit h either HIV or AIDS at the time of the commission of the ac t shall be guilty of a felony of the first degree. cted of prostitution who is deter - mined to have known that he or she was infected wit h either HIV or AIDS at the time of the commission of the ac t shall be guilty of a felony of the first degree. (c) As used in this section, the terms sexual penet ration and sexual contact have the meanings provided by § 25.1 0 of this title. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 3 SOURCE: Amended by P.L. 15-60:2, eff. 08/31/79. Repealed/ reenacted by P.L. 22-158:1 (12/30/94). § 28.15. Loitering for the Purpose of Soliciting to Engage in Prostitution. (a) For the purposes of this section, public place means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorw ays and entrance ways to any building which fronts on any o f the aforesaid places, or motor vehicle in, on or at suc h place, or in any building area which is open to the public. (b) Any person who remains or wanders about in a pu blic place and repeatedly beckons to or repeatedly stops , or repeatedly attempts to stop, or repeatedly attempts to stop motor vehicles, or repeatedly interferes with the free pa ssage of other persons for the and repeatedly beckons to or repeatedly stops , or repeatedly attempts to stop, or repeatedly attempts to stop motor vehicles, or repeatedly interferes with the free pa ssage of other persons for the purpose of committing prostitution shall be guilty of a misdemeanor. SOURCE: New Section, (1978). Repealed/reenacted by P.L. 22 -158:2 (12/30/94). COMMENT: (1994) Guam law has been changed to considerably broaden the scope of the earlier law regarding wher e prostitution and the solicitation for it will be prohibited. § 28.20. Promoting Prostitution; Punishment ; Defen se. (a) A person is guilty of promoting prostitution wh o: (1) owns, controls, manages, supervises or otherwis e keeps, alone or in association with others, a place of prostitution or a prostitution enterprise; or (2) knowingly solicits, induces or causes a person to commit or engage in prostitution or to reside in or occupy a place of prostitution. (b) Promoting prostitution is a felony of the third degree. (c) It shall not be a defense to a prosecution unde r this section that the place of prostitution or prostitut ion enterprise is licensed for any purpose other than prostitution or that the act or the attempted act t be a defense to a prosecution unde r this section that the place of prostitution or prostitut ion enterprise is licensed for any purpose other than prostitution or that the act or the attempted act of prostitution that is promoted occurs at a place other than the site of the offense charged un der this section. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 4 SOURCE: G.P.C. §§ 266, 266a, 266b, 266f, 315, 316; see als o §§ 266e, 266f; M.P.C. § 251.2(2), (3); *Cal. § 1803 (T.D.2 1 968); Cal. § 954 (1971); Mass. ch. 272, § 4(a), (f)(3); N.J. § 2C:34 -2(b), (c). Amended by P.L. 22-158:3 (12/30/94). § 28.25. Abetting Prostitution; Punishment. (a) A person is guilty of abetting prostitution who : (1) solicits a person to patronize a prostitute; or (2) procures a prostitute for himself, herself or a nother person; or (3) knowingly and for the purpose of prostitution, transports any person into, out of or within Guam, or who procures or pays for the transportation of any pers on into, out of or within Guam for the purpose of prostituti on; or (4) knowingly permits prostitution in any premises under his or her possession or control or fails to make reasonable effort to ers on into, out of or within Guam for the purpose of prostituti on; or (4) knowingly permits prostitution in any premises under his or her possession or control or fails to make reasonable effort to halt or abate such use. For pu rposes of this paragraph, premises shall include a motor vehi cle. (b) (1) A person convicted of abetting prostituti on shall be guilty of a misdemeanor; or (2) A person convicted of a third offense of abetti ng prostitution within three years of the first two of fenses shall be guilty of a felony of the third degree. SOURCE: G.P.C. §§ 266c, 266d, 316, 318; M.P.C. § 251.2(2), (3); *Cal. § 1804 (T.D.2 1968); Cal. § 954 (1971); Mass. ch. 2 72, § 4(a), (f)(3); N.J. 2C:34-2(b), (c). Amended by P.L. 22-158:4 (12/30/94 ). COMMENT: (1977) § 28.25 creates a misdemeanor for those per sons found guilty of the lesser offenses of soliciting e ither prostitutes or their patrons, permitting prostitution on premises they c ontrol, or transporting or paying for transportation of prostitutes in, to or out of Guam. (1994) Penalties have been enhanced. § 28.30. Compelling Prostitution; Punishment. tution on premises they c ontrol, or transporting or paying for transportation of prostitutes in, to or out of Guam. (1994) Penalties have been enhanced. § 28.30. Compelling Prostitution; Punishment. (a) A person is guilty of compelling prostitution w ho: (1) by force, threat or duress compels another to engage in, promote or abet prostitution; or COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 5 (2) causes or aids a person under the age of eighte en (18) to commit or engage in, promote or abet prosti tution; or (3) causes or aids his or her spouse, child or any person whose care, protection or support he or she is resp onsible for, to commit or engage in or aid or abet prostitu tion. (b) (1) A person convicted or compelling prostituti on shall be guilty of a felony of the third degree; or (2) A person convicted of a third offense of compel ling prostitution within three years of the first two of fenses shall be guilty of a felony of the first degree. SOURCE: G.P.C. §§ 266, 266a, 266g, 267, cf. §§ 273b, 309; M.P.C. § 251.2(2), (3); Cal. § 1805 (T.D.2 1968); Cal. § 954 (1971); Mass. ch. 272, § 4(a), (f)(3); N.J. § 2C:34-2(b), (c). Amende d by P.L. SOURCE: G.P.C. §§ 266, 266a, 266g, 267, cf. §§ 273b, 309; M.P.C. § 251.2(2), (3); Cal. § 1805 (T.D.2 1968); Cal. § 954 (1971); Mass. ch. 272, § 4(a), (f)(3); N.J. § 2C:34-2(b), (c). Amende d by P.L. 22-158:5 (12/30/94). § 28.35. Evidence of Place and Persons Admissible. On the issue whether a premise is a place of prosti tution, its general repute and the repute of the persons who re side in or frequent the place shall be admissible evidence. NOTE: The amendments made by P.L. 22-158 to this Article take effect 90 days following December 30, 1994. See P.L. 22-15 8:9. P.L. 22-158:7 provides that the Act does not affect acts done, penalties accrued or proceedings undertaken prior t o its effective date. ---------- ARTICLE 2 OBSCENITY AND RELATED OFFENSES § 28.40. Definitions. § 28.45. Obscenity: Standards.[Repealed] § 28.49. Same: Distribution. § 28.50. Same: Participation In. § 28.51. Same: Employment of Minor. § 28.52. Use of One's Child in Obscene Acts. § 28.55. Defenses. § 28.60. Disposition of Obscene Material. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 6 § 28.65. Indecent Exposure; Defined & Punished. § 28.70. Obscene Acts. § 28.55. Defenses. § 28.60. Disposition of Obscene Material. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 6 § 28.65. Indecent Exposure; Defined & Punished. § 28.70. Invasion of Privacy or Criminal Voyeurism and Video Voyeurism; Penalty; Definitions. § 28.71. Obscene Telephone Service Prohibited; Pena lty. § 28.72. Certain Obscene Telephone Communications Prohibited; Penalty. § 28.80. Photography of Minors' Sexual Acts: Punish ed. § 28.90. Obscene, Anonymous, Harassing and Threaten ing Communications by Computer; Defined and Punished. § 28.100. Illegal Use of a Computer or Telecommunic ations Device to Disseminate Prohibited Materials Involvin g a Minor- Sexting; Crime Defined and Punished. § 28.101. Illegal Use of a Computer or Telecommunic ations Device to Disseminate Prohibited Materials Involvin g a Minor- Sexting; Mandatory Distribution of Information Brochure about Sexting by Retail Stores Who Sell Cellular Telephone Equipment or Cellular Telephone Equipment Service Contracts. § 28.102. Unlawful Distribution of Images; Exceptio ns; Definitions; and Penalties. t Sexting by Retail Stores Who Sell Cellular Telephone Equipment or Cellular Telephone Equipment Service Contracts. § 28.102. Unlawful Distribution of Images; Exceptio ns; Definitions; and Penalties. COMMENT: The provisions set forth in this Article relating to obscenity are believed to conform to the standards presently set by the U.S. Supreme Court (1976). This is, however, a vola tile area of the law and the Commission has not attempted it to update t his provision to cover developments in the last two (2) years. This must b e done if, upon further research, it appears that there are any serious def ects in this Article. Since the trend of the Supreme Court has been to give mor e power to 'local standards' this Article is probably somewhat more l imited than the Supreme Court would require at the time of enactmen t (1977). The main benefit of this Article is that it creates a standard by which the jury and court may determine what is obsc ene, a fatal defect in the former law. Certain defenses are allowed, most of which reflecting the view that the private view of obscene material or their receipt by children when accompanied by responsible adult, no matter how morally aw. Certain defenses are allowed, most of which reflecting the view that the private view of obscene material or their receipt by children when accompanied by responsible adult, no matter how morally objectionable, should not be contrary to law. This Article covers 'public lewdness' and seals a g ap in the former law of obscenity by providing means for the destruc tion of obscene materials. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 7 § 28.40. Definitions. As used in this Article: (a) Material means any picture, drawing, photograph , motion picture or pictorial representation, or any statue or other figure, or any mechanical, chemical or electr ical reproduction, or anything which is or may be used a s a means of communication (other than the written or s poken word). Material includes molds, printing plates and other latent representational objects. (b) Prurient interest means a shameful or morbid interest in nudity, sex or excretion. (c) Performance means any physical human bodily activity, whether engaged in alone or with other pe rsons, including but not limited to dancing, acting, simul ating or pantomiming which is either public or for commercia l gain. ysical human bodily activity, whether engaged in alone or with other pe rsons, including but not limited to dancing, acting, simul ating or pantomiming which is either public or for commercia l gain. (d) Distribute means to transfer possession of mate rial. (e) Any material or performance is obscene if: (1) The average person, applying contemporary community standards, finds that the material or per for- mance, taken as a whole, appeals to the prurient interest; and (2) The material or performance depicts or de- scribes in a patently offensive way, sexual conduct , normal or perverted, actual or simulated; and (3) The material or performance, taken as a whole, lacks serious literary, artistic, political or scie ntific value. (f) Sadomasochistic abuse means flagellation or torture by or upon a person as an act of sexual sti mulation or gratification. (g) Sexual conduct means acts of masturbation, excr e- tory functions, lewd exhibition of the genitals, sadomasochistic abuse, bestiality, sexual intercour se or physical contact with a person's clothed or uncloth ed COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. nctions, lewd exhibition of the genitals, sadomasochistic abuse, bestiality, sexual intercour se or physical contact with a person's clothed or uncloth ed COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 8 genitals, pubic area, buttocks or the breast or bre asts of a female for the purpose of sexual stimulation, grati fication or perversion. (h) Owner means any person who owns or has legal right to possession of any material. (i) Pornographic means any material or performance which all of the following coalesce: (1) The average person, applying contemporary community standards, would find that taken as a whole, it appeals to the prurient interest. (2) It depicts or describes sexual conduct in a patently offensive way. (3) Taken as whole, it lacks serious literary, artistic, political, or scientific merit. SOURCE: G.P.C. §§ 266g, 315; M.P.C. § 251.2(6); *Cal. § 18 06 (T.D.2 1968); Mass. ch. 272, § 4(d); amended by P.L. 16-84 . Subsection (i) added by P.L. 31-245:2 (Dec. 6, 2012). § 28.45. Obscenity: Standards. [Repealed.] SOURCE: CF. G.P.C. § 311; M.P.C. § 251.4(1); Cal. § 1750 (T.D. 2 1968); *Cal. § 962, 970 (1971); Mass. Ch. 272, § 6. Repealed by P.L. 16-84. (Dec. 6, 2012). § 28.45. Obscenity: Standards. [Repealed.] SOURCE: CF. G.P.C. § 311; M.P.C. § 251.4(1); Cal. § 1750 (T.D. 2 1968); *Cal. § 962, 970 (1971); Mass. Ch. 272, § 6. Repealed by P.L. 16-84. § 28.49. Same: Distribution. Every person who knowingly sends or causes to be se nt, or who in Guam possesses, prepares, publishes, shows, prints or who offers to distribute, distributes or exhibits t o another any obscene material, when such act or acts are public or for commercial gain, is guilty of a misdemeanor. SOURCE: Added by P.L. 16-84. § 28.50. Same: Participation in. Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits a ny obscene performance which is public or for commercial gain is guilty of a misdemeanor. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 9 SOURCE: G.P.C. § 311(2-7); M.P.C. § 251 4(2); *Cal. § 1751 (T.D.2 1968); Cal. §§ 964, 972 (1971); Mass. ch. 272, §§ 5 & 6. Enacted 1977 as § 28.50(h); renumbered as § 28.50(g) by P.L. 14-137 , eff. 07/25/78; R/R by P.L. 16-84. COMMENT: Section 28.50 punishes as a misdemeanor certain ac ts, if done knowingly or recklessly. nacted 1977 as § 28.50(h); renumbered as § 28.50(g) by P.L. 14-137 , eff. 07/25/78; R/R by P.L. 16-84. COMMENT: Section 28.50 punishes as a misdemeanor certain ac ts, if done knowingly or recklessly. Subsection (g), forme rly numbered Subsection (h), is one of those acts. Section 28.50 punishes as a misdemeanor certain act s, if done knowingly or recklessly. Subsection (h), formerly n umbered Subsection (g), makes those acts first-degree felonies under c ertain circumstances. Section 28.50 restates Paragraphs (2) thru (7) of § 311 of the Penal Code. § 28.51. Same: Employment of Minor. A person is guilty of a felony of the third degree if he knowingly or recklessly employs or uses a minor und er the age of sixteen (16) years to do or assist in doing any of the acts described in §§ 28.49 or 28.50 of this Chapter. SOURCE: Added by P.L. 16-84. § 28.52. Use of One's Child in Obscene Acts. A person is guilty of a felony of the first degree if while having custody or control of any child under the ag e of sixteen (16) years, he shall knowingly permit that child to be used in or be a party to any material or performance that is o bscene. SOURCE: Added by P.L. 16-84. § 28.55. Defenses. under the ag e of sixteen (16) years, he shall knowingly permit that child to be used in or be a party to any material or performance that is o bscene. SOURCE: Added by P.L. 16-84. § 28.55. Defenses. It shall be an affirmative defense in a prosecution under this Article for the defendant to show: (a) That the distribution was made to the recipient by a bona fide school, museum or public library or by an employee of such organization acting in the course of his employment or of a retail outlet affiliated with an d serving the educational purposes of such organization; or (b) That the act was done for legitimate scientific or education purposes. SOURCE: M.P.C. § 251.4(3); *Cal. § 1753 (T.D.2 1968); *Cal . §§ 964, 972 (1971); R/R by P.L. 16-84. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 10 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. § 28.60. Disposition of Obscene Material. When the conviction of any person for the commissio n of any offense defined in § 28.50 becomes final, copie s of any obscene material described in the tion. § 28.60. Disposition of Obscene Material. When the conviction of any person for the commissio n of any offense defined in § 28.50 becomes final, copie s of any obscene material described in the indictment, infor mation or complaint or admitted in evidence which were taken from the possession of the defendant and which are in the po ssession or under the control of the Attorney General or any la w enforcement officer or the clerk of the court may b e destroyed upon order of the court. A copy of the order shall be mailed to the defendant and his counsel by the clerk of the c ourt. The date fixed for the destruction of the obscene material m ust be at least thirty (30) days after the mailing of the order. SOURCE: G.P.C. § 314; *Cal. § 1754 (T.D.2 1968); Cal. § 96 8 (1971). COMMENT: While § 28.60 continues the substance of former § 314 of the Penal Code, this Section now provides for destr uction upon a court order after notice to the defendant and allowance o f 30-day period for the defendant's response, if any, to the notice. This l atter requirement has been made into a constitutional requirement by the U.S. after notice to the defendant and allowance o f 30-day period for the defendant's response, if any, to the notice. This l atter requirement has been made into a constitutional requirement by the U.S. Supreme Court and, therefore, a necessary part of the Guam Penal Code. § 28.65. Indecent Exposure; Defined & Punished. (a) A person commits the crime of indecent exposure if he or she intentionally exposes their genitals or perf orms any other lewd act under circumstances in which their conduct is likely to be observed by any person who would be offended or alarmed. (b) Except as provided below, indecent exposure is a misdemeanor. Indecent exposure is a felony in the third degree i f: (1) a person intentionally exposes their genitals o r intentionally performs any other lewd act to a pers on under the age of sixteen (16) years; or (2) a person intentionally exposes their genitals o r performs any other lewd act for the purpose of sexu al gratification; or (3) a person has previously been convicted under th is COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 11 Section; or (4) a person has been convicted of any other sexual offense as defined in a provision of the Guam convicted under th is COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 11 Section; or (4) a person has been convicted of any other sexual offense as defined in a provision of the Guam Code Annotated. SOURCE: G.P.C. § 311(1); M.P.C. § 251.1; Cal. § 609 (T.D.1 1967); Cal. § 914 (1971); Mass. ch. 272, § 3; N.J. § 2C:34 -1. Amended by P.L. 32-125:2 (Feb. 10, 2014). 2016 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. CROSS-REFERENCES: 9 GCA §§ 80.34, 80.64 and 80.62. COMMENT: This Section continues the crime of ‘indecent expo sure’ while § 28.70 covers a portion of the former crime of ‘vagrancy’and makes the prohibited behavior sufficiently precise so as to avoid the constitutional infirmities which have voided much o f the former crime of ‘vagrancy.’ This Section differs from § 28.10 in th at the solicitation prohibited by this § 28.10 is not ‘for hire.’ The b ehavior prohibited here is nuisance behavior engaged in by sexual deviates of all types. § 28.70. Invasion of Privacy or Criminal Voyeurism and Video Voyeurism; Penalty; Definitions. for hire.’ The b ehavior prohibited here is nuisance behavior engaged in by sexual deviates of all types. § 28.70. Invasion of Privacy or Criminal Voyeurism and Video Voyeurism; Penalty; Definitions. (a) A person commits a misdemeanor if, except in t he execution of a public duty or as authorized by law, the person intentionally or knowingly: (1) trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveil lance in a private place or in a place where an individual h as a reasonable expectation of privacy; (2) peers or peeps into a window or other opening of a dwelling or other structure adapted for sojourn or overnight accommodations for the purpose of spying on the occ upant thereof or invading the privacy of another person w ith a lewd or unlawful purpose, under circumstances in wh ich a reasonable person in the dwelling or other structur e would not expect to be observed; (3) trespasses on property for the sexual gratific ation of the actor; (4) installs or uses outside a private place any d evice for hearing, recording, amplifying, or broadcasting sounds COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. he sexual gratific ation of the actor; (4) installs or uses outside a private place any d evice for hearing, recording, amplifying, or broadcasting sounds COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 12 originating in that place which would not ordinaril y be audible or comprehensible outside, without the cons ent of the person or persons entitled to privacy therein; (5) intercepts, without the consent of the sender or receiver, a message or photographic image by teleph one, telegraph, letter, electronic transmission, or othe r means of communicating privately; but this Subsection (5) do es not apply to: (A) overhearing of messages through a regularly installed instrument on a telephone party line or a n extension; or (B) interception by the telephone company, electronic mail account provider, or telephone or electronic mail subscriber incident to enforcement of regulations limiting use of the facilities or incid ent to other operation and use; (6) installs or uses, or both, in any private plac e or in a place where an individual has a reasonable expectat ion of privacy, without consent of the person or persons e ntitled to privacy therein, any means or device , or both, in any private plac e or in a place where an individual has a reasonable expectat ion of privacy, without consent of the person or persons e ntitled to privacy therein, any means or device for observing, recording, amplifying, or broadcasting sounds or ev ents in that place, including another person in a stage of undress or sexual activity; (7) covertly records or broadcasts an image of ano ther person’s intimate area underneath clothing, by use of any device, and that image is taken while that person i s in a public place and without that person’s consent; (8) divulges, without the consent of the sender or the receiver, the existence or contents of any messages or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communic ating privately, if the accused knows that the message or photographic image was unlawfully intercepted or if the accused learned of the message or photographic imag e in the course of employment with an agency engaged in transmitting it; or COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 13 (9) knowingly possesses materials created under circumstances prohibited in Subsection (b) below. cy engaged in transmitting it; or COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 13 (9) knowingly possesses materials created under circumstances prohibited in Subsection (b) below. (10) This Subsection (a) shall not apply to any dissemination, distribution, or transfer of images subject to this Subsection by an electronic communication serv ice provider or remote storage service in the ordinary course of its business. (11) In addition to any penalties the court may im pose, the court may order the destruction of any recordin g made in violation of this Subsection (a). (b) A person commits a felony in the third degree, if, except in the execution of a public duty or as auth orized by law, when, with the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of such person o r another person, or for his own or another person’s lascivio us entertainment or satisfaction of prurient interest, or for the purpose of sexually degrading or abusing any other person, or for the purpose of annoying, harassing or intimidat ing any other person, the person intentionally or knowingly insta lls or uses, or both, in any private place or in a place ing any other person, or for the purpose of annoying, harassing or intimidat ing any other person, the person intentionally or knowingly insta lls or uses, or both, in any private place or in a place where an i ndividual has a reasonable expectation of privacy, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another pers on in a stage of undress or sexual activity. The court may order the destruction of any recording made in violation of this Subsecti on (b). (c) A person commits the crime of video voyeurism, which is a felony in the second degree, if, except in the execution of a public duty or as authorized by law, when, wit h the intent of arousing, appealing to or gratifying the lust or pa ssions or sexual desires of such person or another person, or for hi s own or another person’s lascivious entertainment or satisf action of prurient interest, or for the purpose of sexually d egrading or abusing any other persons, or for the purpose of an noying, harassing or intimidating any other person, the per son intentionally or knowingly disseminates, publishes or sells any image or images of the sing any other persons, or for the purpose of an noying, harassing or intimidating any other person, the per son intentionally or knowingly disseminates, publishes or sells any image or images of the intimate areas of another pe rson or persons without the consent of such other person or persons and with knowledge that such image or images were obtai ned. The COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 14 court may order the destruction of any recording ma de in violation of this Subsection (c). (d) Definitions for the purpose of this Section: (1) broadcast means the electronic transmittal of a visual image with the intent that it be viewed by a person or persons; (2) disseminate means to make available by any means to any person; (3) electronic communication means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wir e, radio, electromagnetic, photoelectronic, or photo optical system; (4) electronic communication service provider means any person engaged in the offering or sale of elect ronic communication services to the public; (5) electronic communication system means any wire, (4) electronic communication service provider means any person engaged in the offering or sale of elect ronic communication services to the public; (5) electronic communication system means any wire, radio, electromagnetic, photo-optical, or photo-ele ctronic facilities for the transmission of wire or electron ic communications, and any computer facilities or rela ted electronic equipment for the electronic storage of such communications, including e-mail, web hosting, mult imedia messaging services, and remote storage services off ered by an electronic communication service provider; (6) imaging device means any instrument capable of recording, storing, viewing or transmitting visual images; (7) intimate areas means any portion of a person’s underwear, pubic area, anus, buttocks, vulva, genit als, or female breast; (8) intimate areas underneath clothing does not inc lude intimate areas visible through a person’s clothing or intimate areas exposed in public; (9) person means any natural person, corporation, partnership, firm, association, joint venture or an y other recognized legal entity or any agent or servant the reof; COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. ans any natural person, corporation, partnership, firm, association, joint venture or an y other recognized legal entity or any agent or servant the reof; COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 15 (10) place where a person has a reasonable expectat ion of privacy means: (A) a place where a reasonable person would believe that he could undress, be undressed or enga ge in sexual activity in privacy, without concern that he or she is being viewed, photographed, filmed or otherw ise recorded by an imaging device; or (B) a place where a person might reasonably expect to be safe from casual or hostile surveillan ce by an imaging device; or (C) any public place where a person, by taking reasonable steps to conceal intimate areas, should be free from the viewing, recording, storing or transmitting of images obtained by imaging devices designed to overcome the barriers created by a person’s covering of intimate areas; (11) public place means an area generally open to t he public, regardless of whether it is privately owned , and includes, but is not limited to, streets, sidewalks , bridges, alleys, plazas, parks, driveways, parking lots, bus es, tunnels, open to t he public, regardless of whether it is privately owned , and includes, but is not limited to, streets, sidewalks , bridges, alleys, plazas, parks, driveways, parking lots, bus es, tunnels, buildings, stores, and restaurants; (12) publish means to: (A) disseminate with the intent that such image or images be made available by any means to any person; or (B) disseminate with the intent that such images be sold by another person; or (C) post, present, display, exhibit, circulate, advertise or allow access by any means so as to mak e an image or images available to the public; or (D) disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any me ans and to make such image or images available to the public; COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 16 (13) remote storage service means the provision to the public of computer storage or processing services b y means of an electronic communication system; (14) sell means to disseminate to another person, o r to publish, in exchange for something of value. ublic of computer storage or processing services b y means of an electronic communication system; (14) sell means to disseminate to another person, o r to publish, in exchange for something of value. (e) Notwithstanding any law to the contrary, any individual convicted of a criminal offense under th is § 28.70 shall be registered on the Crimes Against Minors an d Sex Offender Registry in Chapter 89 of Title 9, GCA, as follows: a level three offender for a misdemeanor conviction u nder this § 28.70; a level two offender for a felony in the thi rd degree conviction under this § 28.70; and a level one offe nder for a second degree felony under this § 28.70. SOURCE: G.P.C. §§ 618, 619, 621, 640, 641, See also § 639; *M.P.C. § 250.12; Cal. §§ 1450-1464 (1971); Mass. ch. 272, §§ 13 and 14; N.J. § 2C:33-12. Renumbered as 9 GCA § 70.35 as part of t he codification process pursuant to P.L. 15-104:8. See 2014 NOTE preceding Chapter 1, Title 9 GCA. Repealed and reenacted by P.L. 32-144 :2 (Apr. 28, 2014). Renumbered to § 28.70 by the Compiler pursuant to t he authority of 1 GCA § 1606. 2021 NOTE: This provision, originally entitled 'Loitering to Solicit Sexual Contact; Defined and Punished,' 8, 2014). Renumbered to § 28.70 by the Compiler pursuant to t he authority of 1 GCA § 1606. 2021 NOTE: This provision, originally entitled 'Loitering to Solicit Sexual Contact; Defined and Punished,' was repealed by P.L. 22-158:6 (Dec. 30, 1994). § 28.71. Obscene Telephone Service Prohibited; Pena lty. (a) It is unlawful for any telephone subscriber to sell, offer for sale, or transmit over telephone lines any obsc ene material or message. (b) Any person in violation of this section is guil ty of a misdemeanor. SOURCE: Added by P.L. 20-167:1 (May 11, 1990) as § 70.40.1 . Renumbered by the Compiler pursuant to the authorit y of 1 GCA § 1606. § 28.72. Certain Obscene Telephone Communications Prohibited; Penalty. (a) For purposes of this section and of § 28.71 of this Title 9, the term 'obscene' shall mean that: COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 17 (1) The average person, applying contemporary community standards would find that the communicati on, taken as a whole, appeals to the prurient interest; and (2) The communication depicts or describes, in a patently offensive way, any act or conduct which co nstitutes sexual conduct as defined by Chapter 25 s a whole, appeals to the prurient interest; and (2) The communication depicts or describes, in a patently offensive way, any act or conduct which co nstitutes sexual conduct as defined by Chapter 25 of this Tit le 9; and (3) The communication, taken as a whole, lacks seri ous literary, artistic, political, or scientific value. (b)(1) A subscriber of telephone service who makes any obscene communication by means of a telephone, in p erson, or through an electronic recording device, in excha nge for remuneration is guilty of a misdemeanor, regardless of whether such subscriber placed, initiated or receiv ed the telephone call. (2) A subscriber of telephone service who knowingly permits the use of a telephone or a telephone facil ity under such subscriber's control to make or to receive, at the request of the subscriber, any obscene communicatio n prohibited under subsection (b)(1) of this section, is guilty of a misdemeanor if the telephone or telephone faci lity is connected to a local exchange telephone. (c) For purposes of this subsection, each day of a violation shall constitute a separate offense. SOURCE: P.L. 20-167:1 (May 11, 1990) § 70.40.2. faci lity is connected to a local exchange telephone. (c) For purposes of this subsection, each day of a violation shall constitute a separate offense. SOURCE: P.L. 20-167:1 (May 11, 1990) § 70.40.2. Renumbere d by the Compiler pursuant to the authority of 1 GCA § 1 606. § 28.80. Photography of Minors' Sexual Acts: Punish ed. A person commits a felony of the first degree if he knowingly: (a) sells or offers for sale publications, pictures or films that depict minors under 16 years of age performing sexual acts; or (b) photographs minors under 16 years of age to engaging [sic] sexual acts. SOURCE: Added by P.L. 14-137, eff. 07/25/78. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 18 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. COURT DECISIONS: SUPERIOR COURT, 1978. Although Guam's obscenity statutes [9 GCA § 28.40 et seq.] contain no specific definitions of prohibited sexual conduct, those statutes includ e by implication the examples of conduct set forth in Miller v. Californ ia, 413 U.S. 15, 93 Sup. Ct. 2607 (1973). contain no specific definitions of prohibited sexual conduct, those statutes includ e by implication the examples of conduct set forth in Miller v. Californ ia, 413 U.S. 15, 93 Sup. Ct. 2607 (1973). People v. Daly, Sup. Ct. Cr. #35-78 (Order, 05/12/78; Abbate, P.J.) SUPERIOR COURT, 1978. The examples of conduct set f orth in Miller v. California, 413 U.S. 15, 93 Sup. Ct. 2607 (1973), having been adopted by implication as the only specific example s of prohibited sexual conduct, those examples constitute the beginning an d end of the obscenity area; thus, sexual conduct not defined by statute cannot be criminal. People v. Schott, Sup. Ct. Cr. #104-78 (Order, 06/19/78; Raker, J.) § 28.90. Obscene, Anonymous, Harassing and Threaten ing Communications by Computer; Defined and Punished. (a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer to: (1) make contact via the internet with another with out disclosing his or her identity with the intent to h arass or abuse; (2) make contact via the internet with a person aft er being requested by the person to desist from contac ting them; (3) threaten via the internet to commit a crime aga e intent to h arass or abuse; (2) make contact via the internet with a person aft er being requested by the person to desist from contac ting them; (3) threaten via the internet to commit a crime aga inst any person or property; or cause obscene material t o be delivered or transmitted via the internet to a spec ific person after being requested to desist from sending such m aterial; or (4) publish via the internet a webpage or posting o n a newsgroup untrue statements about another person wh ich are false and designed to entice or encourage other people to ridicule or perpetuate the untruth about that pers on. For purposes of this Article and Sections therein, 'obscene material' means material that: COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 19 (A) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intende d to appeal to the prurient interest, or is pandered to a prurient interest; (B) An average person, applying contemporary adult community standards, would find, depicts or describes, in a patently offensive way, sexually ex plicit conduct consisting of an ultimate sexual est; (B) An average person, applying contemporary adult community standards, would find, depicts or describes, in a patently offensive way, sexually ex plicit conduct consisting of an ultimate sexual act, norma l or perverted, actual or simulated, an excretory functi on, masturbation, lewd exhibition of the genitals or sadomasochistic sexual abuse; and (C) A reasonable person would find, taken as a whole, lacks literary, artistic, political or scien tific value. (b) It is unlawful for any person to knowingly perm it a computer under his or her control to be used for an y purpose prohibited by this Section. (c) Any offense committed under this Section may be determined to have occurred at the place at which t he contact originated or the place at which the contact was re ceived or intended to be received. (d) Any person who violates a provision of this Sec tion is guilty of a misdemeanor and, upon conviction thereo f, shall be fined not more than One Thousand Dollars ($1,000) o r imprisoned for not more than one (1) year, or both. SOURCE: Added by P.L. 31-009:6 (Mar. 9, 2011). § 28.100. , upon conviction thereo f, shall be fined not more than One Thousand Dollars ($1,000) o r imprisoned for not more than one (1) year, or both. SOURCE: Added by P.L. 31-009:6 (Mar. 9, 2011). § 28.100. Illegal Use of a Computer or Telecommunic ations Device to Disseminate Prohibited Materials Involvin g a Minor- Sexting; Crime Defined and Punished. (a) A minor is guilty of an offense of Illegal Use of a Computer Telecommunications Device Involving a Mino r, otherwise known as Sexting, if the minor, by use of a computer or any telecommunications device, recklessly or kno wingly creates, receives, exchanges, sends, disseminates, transmits or possesses a photograph, video, depiction or other m aterial that COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 20 shows himself or herself, or of another minor, in a state of nudity. (b) It is no defense to a charge under this Section that the minor creates, receives, exchanges, sends, or posse sses a photograph, video, or other material that shows the mselves in a state of nudity. (c) Applicability. This Section shall not apply to the use of a computer or a telecommunications device to transmit or distribute a photograph or material that shows the mselves in a state of nudity. (c) Applicability. This Section shall not apply to the use of a computer or a telecommunications device to transmit or distribute a photograph or other depiction involvin g sexual intercourse, deviate sexual intercourse, sadism, ma sochism or masturbation. This Section does not prohibit a pers on guilty under this Section to be charged with other chargea ble criminal sex offenses under Guam law. (d) An offense under this Section constitutes a 'st atus offense'. Any minor found to commit an offense und er this Section shall be found guilty of illegal use of a telecommunications device involving a minor in a st ate of nudity, a delinquent act that would be a misdemeano r if it could be committed as an adult. (e) A minor who violates this Section is guilty of a separate offense for each separate photograph, video, or oth er material that shows a minor in a state of nudity which is cr eated, received, exchanged, sent, or possessed. (f) Any minor who is convicted of a violation of th is Section shall be ordered in addition to the sentenc e ordered by the Court, as part of his or her sentence, to parti cipate in the educational . (f) Any minor who is convicted of a violation of th is Section shall be ordered in addition to the sentenc e ordered by the Court, as part of his or her sentence, to parti cipate in the educational program similar to that discussed under Subsection (g) of this Section. (g) A juvenile or minor who commits the offense of Illegal Use of a Computer or Telecommunications Device to Disseminate Prohibited Materials Involving a Minor- Sexting, may be eligible for a diversionary program. (1) As used herein, 'eligible offense' means an off ense chargeable under this Section where: (A) the facts of the case involve the creation, exhibition or distribution without malicious intent of a COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 21 photograph depicting nudity as defined in that sect ion through the use of a telecommunications device or a computer; and (B) the creator and subject of the photograph are juveniles or were juveniles at the time of its maki ng. (2) The Office of the Attorney General, Family Division, or whichever designated division of the O ffice of the Attorney General that addresses matters involvi ng juveniles in the community of Guam, will incorporat e the Attorney General, Family Division, or whichever designated division of the O ffice of the Attorney General that addresses matters involvi ng juveniles in the community of Guam, will incorporat e such a diversionary program under its current services. Such diversionary program would be similar to or incorpo rated under the current Pre-Adjudicatory Diversionary Pro gram that the Office of the Attorney General currently u tilizes. The program would require the Office of the Attorne y General to develop an educational program for juven iles who commit an eligible offense as defined in this A ct. The Office of the Attorney General shall then consult w ith the Judiciary of Guam, Juvenile Probation Division, to discuss and implement such educational program, to include the same or similar conditions as the current Pre-Adjud icatory Diversionary Program in place between the Office of the Attorney General and Judiciary of Guam, Juvenile Probation Office. The Office of the Attorney Genera l shall be the sole agency responsible for the determinatio n as to whether a minor may be admitted into the diversiona ry program. Guam, Juvenile Probation Office. The Office of the Attorney Genera l shall be the sole agency responsible for the determinatio n as to whether a minor may be admitted into the diversiona ry program. A juvenile who successfully completes the program would have the opportunity to avoid prosecu tion, and any records relating to such an offense, upon completion of the program, would be dismissed and expunged. (3) Admission to the program shall be limited to juveniles who: (A) have not previously been adjudicated delinquent for or convicted of a criminal offense u nder Title 9 of the Guam Code Annotated that constitutes a third degree felony or greater; (B) were not aware that their actions could COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 22 constitute and did not have the intent to commit a criminal offense; (C) may be harmed by the imposition of criminal sanctions; and (D) would likely be deterred from engaging in similar conduct in the future by completing the program. (4) The educational program shall provide informati on concernmg: (A) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable local rogram. (4) The educational program shall provide informati on concernmg: (A) the legal consequences of and penalties for sharing sexually suggestive or explicit materials, including applicable local and federal statutes; (B) the non-legal consequences of sharing sexually suggestive or explicit materials including , but not limited to, the effect on relationships, loss o f educational and employment opportunities, and bein g barred or removed from school programs and extracurricular activities; (C) how the unique characteristics of cyberspace and the Internet, including searchability, replicab ility, and an infinite audience, can produce long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and (D) the connection between bullying and cyberbullying and juveniles sharing sexually suggestive or explicit materials. (5) The Attorney General may promulgate guidelines to effectuate the provisions of this Section. SOURCE: Added by P.L. 31-009:7 (Mar. 9, 2011). § 28.101. Illegal Use of a Computer or Telecommunic ations Device to Disseminate Prohibited Materials Involvin g a Minor- Sexting; Mandatory Distribution of Informati on Brochure about Sexting 2011). § 28.101. Illegal Use of a Computer or Telecommunic ations Device to Disseminate Prohibited Materials Involvin g a Minor- Sexting; Mandatory Distribution of Informati on Brochure about Sexting by Retail Stores Who Sell Ce llular Telephone Equipment or Cellular Telephone Equipmen t Service Contracts. COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 23 (a) Definitions. As used in this Section: (1) Cellular telephone equipment or equipment means a wireless telephone handset used in conjunction wi th wireless telephone service. (2) Wireless telephone service means commercial mobile radio service, as defined in Subsection (d) of Section 332 of the Communications Act of 1934 (47 U.S.C. s. 332). (3) Sexting is defined in § 28.100 (a) of Title 9, Guam Code Annotated. (4) Store or other retail mercantile establishment or store means a place where merchandise is displayed, held, stored or sold or offered to the public for sale on Guam. (b) It shall be an unlawful practice for any store or other retail mercantile establishment to sell cellular te lephone equipment to an individual, or to sell a contract f or cellular telephone equipment service to an individual, or to for any store or other retail mercantile establishment to sell cellular te lephone equipment to an individual, or to sell a contract f or cellular telephone equipment service to an individual, or to renew a contract for cellular telephone equipment service w ith an individual, unless the store encloses an informatio nal brochure with such equipment or contract that informs the in dividual about the dangers of the practice known as sexting. (1) The informational brochure required pursuant to this Subsection (b) shall include, but not be limit ed to, an explanation of the types of criminal penalties that may be imposed on an individual who engages in sexting, as well as a list of the names, telephone numbers, and address es of agencies qualified and available to answer question s related to sexting, such as the Office of the Attorney Gene ral, Consumer Protection Division, or any other governme nt or nonprofit organizations that is dedicated to educat ing communities about safety and self-responsibility wh en usmg cellular telephone equipment. (2) The Office of the Attorney General, Consumer Protection Division, the Guam Police Department, an d the Department of Revenue and y and self-responsibility wh en usmg cellular telephone equipment. (2) The Office of the Attorney General, Consumer Protection Division, the Guam Police Department, an d the Department of Revenue and Taxation shall notify all stores that sell cellular telephone equipment or cellular telephone equipment service contracts, of the requirements of this Act COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 24 by advertising in local newspapers of general circu lation on Guam, and shall prepare an information brochure on sexting and make copies available to all such stores. (3) The Office of the Attorney General shall annual ly report to I Liheslatura on the effectiveness of the brochure preparation and distribution required by this Subse ction. (c) The owners of any store or other retail mercant ile establishment which violates Subsection (b) shall b e subject to a penalty not to exceed One Thousand Dollars ($1,000. 00) per each violation, and if applicable be subject to the sentence imposed for corporations under § 80.16 of Title 9 G .C.A. SOURCE: Added by P.L. 31-009:8 (Mar. 9, 2011). § 28.102. Unlawful Distribution of Images; Except ions; Definitions; and Penalties. e sentence imposed for corporations under § 80.16 of Title 9 G .C.A. SOURCE: Added by P.L. 31-009:8 (Mar. 9, 2011). § 28.102. Unlawful Distribution of Images; Except ions; Definitions; and Penalties. (a) It is unlawful for a person to intentionally di sclose, or intentionally cause another person to disclose, inc luding disclosing by electronic means, an image of another person who is identifiable from the image itself or from infor mation displayed in connection with the image, or otherwis e engaging in revenge pornography, if all of the following apply: (1) the person in the image is depicted in a state of nudity or is engaged in sexual contact; (2) the depicted person has a reasonable expectatio n of privacy. Evidence that a person has sent an imag e to another person, including through the use of an ele ctronic device, does not, on its own, remove the person's r easonable expectation of privacy for that image; and (3) the image is disclosed with the intent to harm, harass, intimidate, threaten, or coerce the depicte d person. (b) This Section shall not apply to any of the foll owing: (1) lawful and common practices of law enforcement; (2) reporting unlawful activity, or when date, threaten, or coerce the depicte d person. (b) This Section shall not apply to any of the foll owing: (1) lawful and common practices of law enforcement; (2) reporting unlawful activity, or when permitted or required by law or rule in legal proceedings; (3) lawful and common practices of medical COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 25 treatment; (4) images involving voluntary exposure in a public or commercial setting; (5) an interactive computer service, as defined in 47 U.S.C. § 230(f)(2), or an information service, as d efined in 47 U.S.C. § 153, with regard to content provided by another person; or (6) any disclosure that is made with the consent of the person who is depicted in the image. (c) For this Section’s purposes: (1) Disclose means display, distribute, publish, advertise, or offer. (2) Disclosing by electronic means means delivery t o an e-mail address, mobile device, tablet, other ele ctronic device, or disclosure on a website. (3) Harm means physical injury, financial injury, o r serious emotional distress. (4) Image means a photograph, videotape, film, or digital recording. ele ctronic device, or disclosure on a website. (3) Harm means physical injury, financial injury, o r serious emotional distress. (4) Image means a photograph, videotape, film, or digital recording. (5) State of nudity means exposure of the naked genitals, pubic area, buttocks, or female nipple. (6) Sexual contact means sexual intercourse, including genital-genital, oral-genital, anal-genit al, or oral- anal, whether between persons of the same or opposi te sex. (7) Reasonable expectation of privacy means the person exhibits an actual expectation of privacy an d the expectation is reasonable. (d) Notwithstanding any law to the contrary, any individual convicted under this § 28.102 shall be s entenced as follows: (1) a person convicted of a first offense under this § 28.102 shall be guilty of a misdemeanor and, upon c onviction thereof, shall be fined not more than One Thousand Dollars ($1,000) or imprisoned for not more than one (1) ye ar, or both; and (2) a person convicted of a second offense and any offense COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 26 thereafter under this § 28.102 shall be guilty of a third degree felony. SOURCE: Added by P.L. of a second offense and any offense COL6/24/20219 GCA CRIMES AND CORRECTIONS CH. 28 PUBLIC INDECENCY 26 thereafter under this § 28.102 shall be guilty of a third degree felony. SOURCE: Added by P.L. 33-171 (June 30, 2016). CROSS-REFERENCE: 9 GCA § 25.10(a)(8); 10 GCA § 122331(e)(5). ---------- COL6/24/2021
Guam Legal Code