CourtGPT is an AI-powered legal technology platform that provides attorney directory services, legal research tools, and intelligent legal assistance for individuals and law firms.
How can I find an attorney on CourtGPT?

You can search our comprehensive attorney directory by location, practice area, or attorney name. Our AI-powered search helps match you with the right legal professional for your needs.
Is CourtGPT free to use?

CourtGPT offers a free tier with access to attorney directory and basic legal research. Premium features are available for law firms and legal professionals.
What legal resources does CourtGPT provide?

CourtGPT provides access to state laws and regulations, attorney profiles, legal blog articles, AI-powered legal research assistance, and marketing tools for law firms.
How does CourtGPT help law firms?

CourtGPT helps law firms with attorney profile listings, lead generation, marketing solutions, and AI-powered tools to enhance their practice and reach more clients.
What AI features does CourtGPT offer?

CourtGPT offers AI-powered legal research, intelligent document analysis, case law search, statute interpretation, and automated legal content generation for law firms.
How much does CourtGPT cost?

CourtGPT offers a free plan for basic access, Professional plan at $499/month with advanced features, and Enterprise plan at $999/month for large law firms.
CourtGPT logo

9 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 1 CHAPTER 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY SOURCE: This entire Chapter was added by P.L. 25-075:2 (N ov. 9, 1999), entitled Crimes Against Minors and Sex Of fender Registry. The Chapter name was amended to Crimes A gainst Minors, Sex Offender Registry and Electronic Monito ring of Sex Offenders by P.L. 29-007:1 (Sept. 7, 2007). P.L. 29 -030 (Oct. 25, 2007) reverted the Chapter name to the original tit le.. § 89.01. Definitions. § 89.02. Classification of Offenders. § 89.03. Registration; Duty to Register. § 89.04. Duration of Registration. § 89.05. Penalties. § 89.06. Failure to Appear for Registration, Abscon ding and Failure to Register. § 89.07. Duties of the Department of Corrections an d the Parole Services and Probation Division of the Judiciary of Guam; Initial Registration. § 89.08. Duties of the Guam Police Department. § 89.09. Duties of the Judiciary of Guam. § 89.10. Duties of the Judiciary of Guam in Managin g the Sex Offender Registry. § 89.11. Notification. § 89.12. Immunity for Good Faith Conduct. § 89.13. Electronic Monitoring of Sex Offenders. § 89.14.

.10. Duties of the Judiciary of Guam in Managin g the Sex Offender Registry. § 89.11. Notification. § 89.12. Immunity for Good Faith Conduct. § 89.13. Electronic Monitoring of Sex Offenders. § 89.14. Limitations on the Use of Electronic Mail (e-mail) by Registered Sex Offenders. § 89.15. Limitations on Employment of Convicted Sex Offenders. § 89.16. Cases Under Appeal. § 89.01. Definitions. As used in this Chapter: (a) Minor means a person below the age of eighteen (18) years. (b) Criminal offense against a victim who is a mino r means any criminal offense that consists of any of the COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 2 following: (1) felony kidnapping, felonious restraint, felony child stealing, and custodial interference, as defi ned and punished in Chapter 22 of Title 9 of the Guam Code Annotated, Kidnapping, and Related Offenses, when the victim is a minor; (2) promoting prostitution, abetting prostitution, compelling prostitution, as defined and punished in Article 1 of Chapter 28 of Title 9 of the Guam Code Annotated, Prostitution, when the individual committing or engaging in prostitution is a minor; (3)

elling prostitution, as defined and punished in Article 1 of Chapter 28 of Title 9 of the Guam Code Annotated, Prostitution, when the individual committing or engaging in prostitution is a minor; (3) participation in obscenity, use of one’s own child in obscene acts, indecent exposure, photograp hy of minors’ sexual acts, as defined and punished in Article 2 of Chapter 28 of Title 9 of the Guam Code Annotated, Obscenity and Related Offenses, when a minor is employed or used; (4) criminal sexual conduct, as defined and punished in Chapter 25 of Title 9 of the Guam Code Annotated, Sexual Offenses, when the victim of the crime is a minor; or (5) any attempt to commit, solicitation to commit, or conspiracy to commit the crimes stated in paragraphs (1) to (4) of this Subsection (b), in vi olation of Chapter 13 of Title 9 of the Guam Code Annotated . (c) Criminal sexual conduct refers to violations de fined and punished under Chapter 25 of Title 9 of the Gua m Code Annotated, Sexual Offenses, and any violations of s imilar federal laws or laws of other states, territories o r tribes. (d) Sex Offense.

ed and punished under Chapter 25 of Title 9 of the Gua m Code Annotated, Sexual Offenses, and any violations of s imilar federal laws or laws of other states, territories o r tribes. (d) Sex Offense. The term 'sex offense' as used in this Chapter includes those offenses contained in 4 2 United States Code (U.S.C.) §16911(5) and also includes th e following offenses: (1) Sexually violent offenses. A sexually violent offense is defined as any criminal offense which COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 3 includes the following: (A) criminal sexual conduct involving sexual penetration or sexual contact where the actor causes personal injury to the victim and either of the following circumstances exists: (i) force or coercion is used to accomplish the sexual penetration or sexual contact; or (ii) the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless. (B) criminal sexual conduct involving sexual penetration or sexual contact where the actor is aided or abetted by one (1) or more other persons and either of the following circumstances exists: (i) force or coercion

ual conduct involving sexual penetration or sexual contact where the actor is aided or abetted by one (1) or more other persons and either of the following circumstances exists: (i) force or coercion is used to accomplish the sexual penetration or sexual contact; or (ii) the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless. (C) criminal sexual conduct involving sexual penetration or sexual contact where the actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon; (D) criminal sexual conduct involving sexual penetration or sexual contact which occurs under circumstances involving the commission of another felony; or (E) criminal sexual conduct involving a victim under fourteen (14) years of age. (2) Guam Offenses. (A) any convictions under local laws relating COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 4 to Title 9 GCA § 22.35; (B) any convictions under local laws relating to Title 9 GCA §22.20, wherein the victim of such crime is a minor; (C) any convictions under local laws relating to

R REGISTRY 4 to Title 9 GCA § 22.35; (B) any convictions under local laws relating to Title 9 GCA §22.20, wherein the victim of such crime is a minor; (C) any convictions under local laws relating to Title 9 GCA § 22.30; (D) any convictions under local laws relating to Title 9 GCA § 22.40, wherein the victim of such crime is a minor; (E) any convictions under local laws relating to Title 9 GCA § 22.50, wherein the victim of such crime is a minor; (F) any convictions under local laws relating to Title 9 GCA § 25.15; (G) any convictions under local laws relating to Title 9 GCA § 25.20; (H) any convictions under local laws relating to Title 9 GCA § 25.25; (I) any convictions under local laws relating to Title 9 GCA § 25.30; (J) any convictions under local laws relating to Title 9 GCA § 25.35; (K) any convictions under local laws relating to Title 9 GCA § 28.20, wherein the victim of such crime is a minor (L) any convictions under local laws relating to Title 9 GCA § 28.25, wherein the victim of such crime is a minor (M) any convictions under local laws relating to Title 9 GCA § 28.30; wherein the victim of such crime is a minor (N) any convictions under local laws relating to Title 9

tim of such crime is a minor (M) any convictions under local laws relating to Title 9 GCA § 28.30; wherein the victim of such crime is a minor (N) any convictions under local laws relating to Title 9 GCA § 28.49; COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 5 (O) any convictions under local laws relating to Title 9 GCA § 28.50; (P) any convictions under local laws relating to Title 9 GCA § 28.51; (Q) any convictions under local laws relating to Title 9 GCA § 28.52, wherein the victim of such crime is a minor; (R) any convictions under local laws relating to Title 9 GCA § 28.65; (S) any convictions under local laws relating to Title 9 GCA § 28.80, wherein the victim of such crime is a minor; (T) any convictions under local laws relating to Title 9 GCA § 31.15; (U) any convictions under local laws relating to Title 9 GCA § 70.35; (V) any convictions under local laws relating to Title 9 GCA § 89.01(b)(1); or (W) any convictions under local laws relating to Title 9 GCA § 89.01(b)(3); and any other offenses under Guam law relating to a criminal offense wherein there is an element involving: (i) a sexual act or sexual contact with

r local laws relating to Title 9 GCA § 89.01(b)(3); and any other offenses under Guam law relating to a criminal offense wherein there is an element involving: (i) a sexual act or sexual contact with another, regardless of the age of the victim; (ii) non-parental kidnapping of a minor; non-parental false imprisonment of a minor; (iii) solicitation to engage a minor in sexual conduct; (iv) use of a minor in a sexual performance; (v) solicitation of a minor to practice prostitution; COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 6 (vi) video voyeurism of a minor; (vii) possession, production, or distribution of child pornography; (viii) criminal sexual conduct involving a minor; or (ix) use of the internet to engage a minor in criminal sexual conduct. (3) Convictions from Other Jurisdictions. Any conviction for any sex offense committed in any jurisdiction that is comparable to any sex offense as defined in 42 U.S.C. § 16911(5) or § 89.01(b), (c), or (d) of this Chapter. In addition, any conviction fo r any sex offense committed in any jurisdiction that invo lves: (A) any type or degree of genital, oral, or anal penetration; (B) any

1(b), (c), or (d) of this Chapter. In addition, any conviction fo r any sex offense committed in any jurisdiction that invo lves: (A) any type or degree of genital, oral, or anal penetration; (B) any sexual touching of or sexual contact with a person’s body, either directly or through the clothing; (C) kidnapping of a minor; (D) false imprisonment of a minor; (E) solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct; (F) use of a minor in a sexual performance; (G) solicitation of a minor to practice prostitution; (H) possession, production, or distribution of child pornography; (I) criminal sexual conduct that involves physical contact with a minor or the use of the internet to facilitate or attempt such conduct. Th is COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 7 includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense; or (J) any conduct that by its nature is a sex offense

use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense; or (J) any conduct that by its nature is a sex offense against a minor. (4) Federal Offenses. A conviction for any of the following, and any other offense hereafter included in the definition of 'sex offense' at 42 U.S.C. § 16911(5) : (A) 18 U.S.C. § 1591 (B) 18 U.S.C. § 1801 (C) 18 U.S.C. § 2241 (D) 18 U.S.C. § 2242 (E) 18 U.S.C. § 2243 (F) 18 U.S.C. § 2244 (G) 18 U.S.C. § 2245 (H) 18 U.S.C. § 2251 (I) 18 U.S.C. § 2251A (J) 18 U.S.C. § 2252 (K) 18 U.S.C. § 2252A (L) 18 U.S.C. § 2252B (M) 18 U.S.C. § 2252C (N) 18 U.S.C. § 2260 (O) 18 U.S.C. § 2421 (P) 18 U.S.C. § 2422 (Q) 18 U.S.C. § 2423 (R) 18 U.S.C. § 2424; or (S) 18 U.S.C. § 2425. (5) Military Offenses. Any military offense, as COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 8 specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (Title 10 U.S .C. § 951 note) or listed under 10 U.S.C. § 920, that i s similar or comparable to any sex offense as defined in §16911(5) or outlined in § 89.01(b), (c) or (d) of

of Public Law 105-119 (Title 10 U.S .C. § 951 note) or listed under 10 U.S.C. § 920, that i s similar or comparable to any sex offense as defined in §16911(5) or outlined in § 89.01(b), (c) or (d) of this Chapter. (6) Foreign Offenses. Any foreign convictions wherein the registrant was convicted of any of the sex offenses specified in § 89.01(b), (c) or (d) of thi s Chapter, or any other similar laws of any foreign country. A foreign conviction is not a sex offense for the purposes of this Chapter, unless it was either: (1) obtained under the laws of Canada, the United Kingdom, Australia, New Zealand; or (2) under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the righ t to a fair trial in that country during the year in which the conviction occurred. (7) Juvenile Offenses or Adjudications. Any conviction of a sex offense as defined in § 89.01(g )(2). (8) Exemptions to Registry Requirements. An offense involving consensual sexual conduct is not a sex offense for the purposes of this Chapter if the victim was an adult, unless the

in § 89.01(g )(2). (8) Exemptions to Registry Requirements. An offense involving consensual sexual conduct is not a sex offense for the purposes of this Chapter if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least thirteen (13 ) years old, and the offender was not more than four (4) ye ars older than the victim. (e) The terms sexual penetration and sexual contac t have the same meaning as sexual penetration and sex ual contact in Chapter 25 of Title 9 of the Guam Code Annotated. (f) The term sex offender refers to persons convict ed of a sex offense as defined in § 89.01(d). COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 9 (g) Conviction. (1) Adult Conviction. The term conviction refers to each separate charge to which the offender eithe r voluntarily pleads guilty and such guilty plea has been accepted by the Court, whether in a single hearing or in separate hearings, or is found guilty by a trier of fact, whether the charges are contained in one (1) indictment, or separate indictments.

en accepted by the Court, whether in a single hearing or in separate hearings, or is found guilty by a trier of fact, whether the charges are contained in one (1) indictment, or separate indictments. This term incl udes convictions based on pleas of nolo contendere and guilty pleas entered pursuant to North Carolina v. Alford , 400 U.S. 25 (1970). An adult sex offender is 'convicted' for the purposes of this Chapter if the sex offender has been sentenced by the court. (2) Juvenile Conviction. A juvenile offender is 'convicted' for the purposes of this Chapter if the juvenile offender is either: (A) prosecuted and found guilty as an adult for any sex offense, including those juveniles convicted through the certification process in Titl e 19, Guam Code Annotated, § 5106; or (B) is adjudicated delinquent as a juvenile for a sex offense, but only if the juvenile is at least fourteen (14) years of age at the time of the offense, and the sex offense adjudicated was one that is comparable to or more severe than the federal crime of ' aggravated sexual abuse' (as described in either (a) and (b) of Section 2241 of Title 18 of the U.S.C.), or was an attempt or conspiracy to commit such an

o or more severe than the federal crime of ' aggravated sexual abuse' (as described in either (a) and (b) of Section 2241 of Title 18 of the U.S.C.), or was an attempt or conspiracy to commit such an offense, which is noted in Title 9 GCA § 25.15, Subsections (a) (4) (i) or (ii), (a)(5), (a)(6), and (a)(7); and Title 9 GCA § 25.20 (a)(4) (i) or (ii), (a)(5), (a)(6), and (a)(7). (C) Any juvenile sex offender who meets the definitions under § 89.01(g)(2) of this Act shall be required to follow all registration requirements under this Act, and all other Sex COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 10 Offender Registration and Notification Act (SORNA) registration requirements shall apply, including public website disclosure in the Sex Offender Registry. (i) Exemption Permitted. The only exception made for this Section is that juvenile sex offenders who are adjudicated in the Family Court, and who meet the definition under § 89.01(g)(2)(B), shall be exempted from the public website disclosure, and shall be placed on a private, non-public database, wherein such registration information will only be made available to the National Sex

(B), shall be exempted from the public website disclosure, and shall be placed on a private, non-public database, wherein such registration information will only be made available to the National Sex Offender Registry (NSOR) to be placed in the national (non-public) databases of sex offender information, to law enforcement and supervision agencies, and to registration authorities in other jurisdictions. (3) Foreign Conviction. A foreign conviction is one obtained outside of the United States. (h) Intimate Parts. For the purposes of this Chapt er, the term intimate parts is defined to include the p rimary genital area, groin, inner thigh, buttock or breast of a human being. (i) The terms employed and carries on a vocation include employment that is full-time or part-time f or a period of time exceeding fourteen (14) days, or an aggregate period of time exceeding thirty (30) days during an y calendar year, whether financially compensated, on a volunteer basis or for the purpose of government or educational benefit. (j) Employee. The term employee when used in this Chapter includes, but is not limited to, an individ ual who is self-employed or works for any other entity, regard less

nment or educational benefit. (j) Employee. The term employee when used in this Chapter includes, but is not limited to, an individ ual who is self-employed or works for any other entity, regard less of compensation. Volunteers of any agency or organiza tion are included with the definition of employee for re gistration purposes. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 11 (k) The term student when used in this Chapter, and when referring to any sex offender who is required to register under this Act, means an individual who is enrolled in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education, including th ose who are currently enrolled in the school or institution , but are performing internship, externships or apprentices a t an agency or organization under the supervision of a s chool program. (l) The term institution of higher education means post secondary school. (m) The term law enforcement agency means any so designated agency on Guam, including, but not limit ed to, the Guam Police Department, the Jose D.

on of higher education means post secondary school. (m) The term law enforcement agency means any so designated agency on Guam, including, but not limit ed to, the Guam Police Department, the Jose D. Leon Guerre ro Commercial Port Police, the Parole Services Divisio n of the Department of Corrections, the Judiciary of Guam, Probation Division, the U.S. Probation Office, the U.S. Marshal Service, the Conservation Office of the Dep artment of Agriculture, the A. B. Won Pat International Air port Authority Police, the Office of the Attorney Genera l – Prosecution and Family Divisions, the Judiciary of Guam Marshals Division, the Air Force Office of Special Investigations, the Naval Criminal Investigation Se ction, the Coast Guard Criminal Investigation Section, the Uni ted States Army Criminal Investigation Division, and ot her criminal investigators of the United States Governm ent. As Guam does not have a recognized law enforcement Campus Police in Guam’s institutions of higher educ ation, the Guam Police Department is the recognized law enforcement agency with jurisdiction over Guam’s institutions of higher education.

orcement Campus Police in Guam’s institutions of higher educ ation, the Guam Police Department is the recognized law enforcement agency with jurisdiction over Guam’s institutions of higher education. (n) The term court means the Superior Court of Guam , Judiciary of Guam, District Court of Guam, or Islan d Court of Guam. (o) The term community refers to the entire territo rial boundaries of Guam. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 12 (p) The term registrant refers to persons required to register under this Chapter, and is used interchang eably throughout this Chapter with the word 'sex offender '. (q) The term change in enrollment or employment status means the commencement or termination of enrollment or employment or a change in location of enrollment or employment. (r) The term resides means, with respect to an individual, the location of the individual’s home o r any other place where the individual habitually lives o r sleeps regardless of whether there is no fixed home or add ress in the jurisdiction, so long as the individual lived i n the jurisdiction for at least thirty (30) days.

ndividual habitually lives o r sleeps regardless of whether there is no fixed home or add ress in the jurisdiction, so long as the individual lived i n the jurisdiction for at least thirty (30) days. (s) For the purposes of this Chapter, a 'resident' includes any individual who either resides within G uam or who otherwise owns any real property within Guam in fee or trust regardless of its location on Guam, who is employed within Guam or employed by a corporation or organiz ation whose primary business address is on Guam, or who i s a student or attends an educational program within Gu am, or who files their yearly income taxes on Guam. (t) The term jurisdiction refers to any of the foll owing: (1) a State; (2) the District of Columbia; (3) the Commonwealth of Puerto Rico; (4) Guam; (5) American Samoa; (6) the Commonwealth of the Northern Mariana Islands; (7) the United States Virgin Islands; and (8) to the extent provided and subject to the requirements of 42 U.S.C. § 16927, a federally recognized Indian tribe. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 13 (u) Immediate.

subject to the requirements of 42 U.S.C. § 16927, a federally recognized Indian tribe. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 13 (u) Immediate. The term immediate or immediately when used in this Chapter means within three (3) wo rking days. (v) Imprisonment. The term imprisonment or imprisoned refers to incarceration pursuant to a co nviction regardless of the nature of the institution in whic h the offender serves the sentence. Sex Offenders under 'house arrest' following any conviction for any offense ar e required to register pursuant to the provisions of this Chapter during the period of 'house arrest'. (w) Electronic Monitoring Device (EMD). The term Electronic Monitoring Device (EMD) is a device that monitors the location of the person wearing it thro ugh radio frequency, a Global Positioning Satellite (GPS) net work or other means of wireless networking, communication o r data transmission. Said devices may be active or passive . An active Electronic Monitoring Device transmits locat ion data on a real-time current basis to a central monitorin g station.

unication o r data transmission. Said devices may be active or passive . An active Electronic Monitoring Device transmits locat ion data on a real-time current basis to a central monitorin g station. A passive Electronic Monitoring Device collects loc ation data for a specified period of time for subsequent upload to a centralized monitoring system. (x) Sex Offender. The term sex offender refers to any person convicted of an offense listed in § 89.01(b) , (c) or (d). (y) Instant messaging or chat room means a program that requires a person to register or create an acc ount, a user name, or a password to become a member or registere d user of the program and allows members or authorized use rs to communicate over the internet in real time using ty ped text or voice, including programs associated with online games, and other online communities. The term does not inc lude an electronic mail (e-mail). (z) Social networking website/application means an internet website/application that has a primary pur pose of facilitating social interaction between two (2) or more persons for the purposes of friendship, meeting oth er persons, dating, gaming, or information exchanges, and

on that has a primary pur pose of facilitating social interaction between two (2) or more persons for the purposes of friendship, meeting oth er persons, dating, gaming, or information exchanges, and COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 14 allows users to create web pages or profiles that provide information about themselves and are available publ icly or to other users and that offers a mechanism for communication with other users, such as a forum, ch at room, electronic mail, or instant messaging. (aa) DNA. DNA means deoxyribonucleic acid. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). Subsection (n) added by P.L. 29-0 07:2 (Sept. 7, 2007), and relettered subsection (w) by Compiler because ( n) was already occupied. Subsections (y) and (z) added by P.L. 31 -047:1 (May 23, 2011). Subsection (aa) added by P.L. 31-171:2 (Feb . 3, 2012). Subsection (d)(2)(A) amended by P.L. 32-141:1 (Apr. 28, 2014). Subsection (g)(2)(B) amended by P.L. 32-141:2 (Apr. 28, 2014). Subsection (g)(2)(C) added by P.L. 32-141:3 (Apr. 2 8, 2014).

. 3, 2012). Subsection (d)(2)(A) amended by P.L. 32-141:1 (Apr. 28, 2014). Subsection (g)(2)(B) amended by P.L. 32-141:2 (Apr. 28, 2014). Subsection (g)(2)(C) added by P.L. 32-141:3 (Apr. 2 8, 2014). Subsection (g)(1) amended by P.L. 35-051:3 (Nov. 25, 2019). § 89.02. Classification of Offenders. (a) Level One Offender. Any person convicted of any of the following offenses, including a conviction for an a ttempt or conspiracy to commit any of the following offenses, shall be considered a Level One Offender. (1) A Sexually Violent Offense as defined in § 89.01(d)(1); (2) Guam Offenses: Any conviction under the following statutes and all of their subsections: (A) Title 9 GCA § 22.30; (B) Title 9 GCA § 22.20, wherein the victim of such crime is a minor; (C) Title 9 GCA § 22.40, wherein the victim of such crime is a minor; (D) Title 9 GCA § 22.50, wherein the victim of such crime is a minor, wherein the commission of (o r the attempt or conspiracy to commit) involves a sex ual offense; (E) Title 9 GCA § 25.15; COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 15 (F) Title 9 GCA § 25.20; (G) Title 9 GCA § 25.25; (H) Title 9 GCA § 28.49; (I)

E) Title 9 GCA § 25.15; COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 15 (F) Title 9 GCA § 25.20; (G) Title 9 GCA § 25.25; (H) Title 9 GCA § 28.49; (I) Title 9 GCA § 28.51; (J) Title 9 GCA § 31.15; or (K) Title 9 GCA §70.35. (3) Federal Offenses . Any conviction under the following statutes and all of their subsections: (A) 18 U.S.C. § 2241; (B) 18 U.S.C. § 2242; (C) 18 U.S.C. § 2243; or (D) 18 U.S.C. § 2244. (4) Military Offenses. Any offense specified by th e Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) or a ny other conviction of an offense under 10 U.S.C. § 92 0 that is similar or comparable to those offenses outlined in § 89.02(a)(1), (2), (3) or (5). (5) Other Offenses. Any offense in any jurisdiction or foreign country which involves: (A) non-parental kidnapping of a minor; (B) a sexual act with another by force or threats; (C) a sexual act with another who has been rendered unconscious or involuntarily drugged, or w ho is otherwise incapable of appraising the nature of the conduct or declining to participate; or (D) sexual contact with a minor fourteen (14) years

ndered unconscious or involuntarily drugged, or w ho is otherwise incapable of appraising the nature of the conduct or declining to participate; or (D) sexual contact with a minor fourteen (14) years of age or younger, including offenses that co ver sexual touching of or contact with the intimate par ts of the body, either directly or through the clothing; or (E) is similar or comparable to those offenses COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 16 outlined in § 89.02(a)(1) or (2). (6) Recidivism. Any sex offense that is punishable by more than one (1) year in prison where the offender has at least one (1) prior conviction for an offense liste d in § 89.02(b), or has previously become a Level Two Offe nder. (b) Level Two Offender. Any person not otherwise classified as a Level One Offender, who is convicte d of any of the following offenses, including a conviction for an attempt or conspiracy to commit any of the following offenses, shall be considered a Level Two Offender: (1) Guam Offenses (A) Generally. Any conviction for: (i) criminal sexual conduct involving two (2) or more victims; (ii) two (2) or more separate criminal

s, shall be considered a Level Two Offender: (1) Guam Offenses (A) Generally. Any conviction for: (i) criminal sexual conduct involving two (2) or more victims; (ii) two (2) or more separate criminal sexual conduct offenses; (iii) a criminal offense against a victim who is a minor, involving two (2) or more minors; (iv) two (2) or more separate criminal offenses against a victim who is a minor; or (v) one (1) or more separate criminal sexual conduct offense and one (1) or more separate criminal offense against a victim who is a minor. (B) Specific Offenses: Any conviction under the following statutes and all of their subsections: (i) Title 9 GCA § 28.20, wherein the victim of such crime is a minor; (ii) Title 9 GCA § 28.25, wherein the victim of such crime is a minor; (iii) Title 9 GCA § 28.30, wherein the victim of such crime is a minor; (iv) Title 9 GCA § 28.52, wherein the victim COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 17 of such crime is a minor; or (v) Title 9 GCA § 28.80, wherein the victim of such crime is a minor. (2) Federal Offenses : Any conviction under the following statutes and all of their subsections: (A) 18

such crime is a minor; or (v) Title 9 GCA § 28.80, wherein the victim of such crime is a minor. (2) Federal Offenses : Any conviction under the following statutes and all of their subsections: (A) 18 U.S.C. § 1591; (B) 18 U.S.C. § 2244; (C) 18 U.S.C. § 2251; (D) 18U.S.C. § 2251A; (E) 18 U.S.C. § 2252 (production or distribution of child pornography); (F) 18 U.S.C. § 2252A (production or distribution of child pornography); (G) 18 U.S.C. § 2260; (H) 18 U.S.C. § 2421; (I) 18 U.S.C. § 2422(b); or (J) 18 U.S.C. § 2423(a). (3) Military Offenses: Any offense specified by the Secretary of Defense under Section 115(a)(8) (c)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 not e) or any other conviction of an offense under 10 U.S.C. § 920 that is similar or comparable to those offenses out lined in § 89.02(b)(1), (2), (4). (4) Other Offenses. Any offense in any jurisdiction or foreign country which involves: (A) the use of minors in prostitution, including solicitation; (B) enticing a minor to engage in criminal sexual activity; (C) sexual contact with a minor fourteen (14) years of age or younger, whether directly or indire ctly COL1/24/20209 GCA CRIMES & CORRECTIONS CH.

ticing a minor to engage in criminal sexual activity; (C) sexual contact with a minor fourteen (14) years of age or younger, whether directly or indire ctly COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 18 through the clothing, that involves the intimate pa rts of the body; (D) the use of a minor in a sexual performance; (E) the production or distribution of child pornography; or (F) is similar or comparable to those offenses outlined in § 89.02(b)(1). (5) Recidivism. Unless otherwise covered under § 89.02(a)(6), any sex offense that is not the first sex offense for which an offender has been convicted and that i s punishable by more than one (1) year imprisonment. (c) Level Three Offender. Any person not otherwise classified as a Level One Offender or Level Two Off ender, who is convicted of any of the following offenses, incl uding a conviction for an attempt or conspiracy to commit a ny of the following offenses, shall be considered a Level Thr ee Offender. (1) Guam Offenses . Any conviction under the following statutes and all of their subsections: (A) Title 9 GCA § 25.30; (B) Title 9 GCA § 25.35; (C) Title 9 G.C.A.

considered a Level Thr ee Offender. (1) Guam Offenses . Any conviction under the following statutes and all of their subsections: (A) Title 9 GCA § 25.30; (B) Title 9 GCA § 25.35; (C) Title 9 G.C.A. § 28.50; (D) Title 9 GCA § 28.65; (E) Title 9 GCA § 89.01(b)(l); (F) Title 9 GCA § 89.01(b)(3); (G) Title 9 GCA § 22.35; (H) any criminal sexual conduct offense not otherwise listed in § 89.02 (a), (b) or (c); or (I) any criminal offense against a victim who is a minor not otherwise listed in § 89.02 (a), (b) or (c). (2) Federal Offenses. Any conviction under the following statutes and all of their subsections: COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 19 (A) 18 U.S.C. § 1801; (B) 18 U.S.C. § 2252 (receipt or possession of child pornography); (C) 18 U.S.C. § 2252A (receipt or possession of child pornography); (D) 18 U.S.C. § 2252B; (E) 18 U.S.C. § 2252C; (F) 18 U.S.C. § 2422(a); (G) 18 U.S.C. § 2423(b); (H) 18 U.S.C. § 2423(c); (I) 18 U.S.C. § 2424; or (J) 18 U.S.C. § 2425; (3) Military Offenses. Any offense specified by the Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (codified at 10 U.S.C.

(c); (I) 18 U.S.C. § 2424; or (J) 18 U.S.C. § 2425; (3) Military Offenses. Any offense specified by the Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) or a ny other conviction of an offense under 10 U.S.C. § 92 0 that is similar or comparable to those offenses outlined in § 89.02(c)(1), (2), (4). (4) Other Offenses. Any offense in any jurisdictio n or foreign country which involves: (A) false imprisonment of a minor; (B) video voyeurism of a minor; (C) possession or receipt of child pornography; or (D) is similar or comparable to those offenses outlined in § 89.02(c)(1). (d) Tiering of Juvenile Sex Offenders. (1) Any juvenile sex offender who meets the definition provided for in § 89.01(g)(2)(A) of this Act, and is convicted of any sex offense under this Act, shall be required to follow the tiering system provided for under § COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 20 89.02(a), (b) and (c) of this Act, respectively and accordingly to the crimes the juvenile offenders ar e convicted of.

CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 20 89.02(a), (b) and (c) of this Act, respectively and accordingly to the crimes the juvenile offenders ar e convicted of. (2) Any juvenile sex offender who meets the definition of § 89.01(g)(2)(B) shall be tiered as a Level Offender 1, and shall be required to be on the private, non- public database for life. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). Subsection (a)(2) amended by P.L. 32-141:4 (Apr. 28, 2014). Subsection (a)(3) amended by P.L. 32-141:5 (Apr. 28, 2014). Subsection (b)(2) amended by P.L. 32-141:6 (Apr. 28 , 2014). Subsection (c)(1) amended by P.L. 32-141:7 (Apr. 28, 2014). S ubsection (d) added by P.L. 32-141:8 (Apr. 28, 2014). § 89.03. Registration; Duty to Register. (a) Persons Required to Register on Guam. The foll owing persons shall have the absolute duty to register on Guam at the Judiciary of Guam, Probation Division, pursuant to this Chapter: (1) Residents. Any person who resides on Guam that has been or is hereafter convicted of a sex offense ; and (2) Non-Residents.

at the Judiciary of Guam, Probation Division, pursuant to this Chapter: (1) Residents. Any person who resides on Guam that has been or is hereafter convicted of a sex offense ; and (2) Non-Residents. Any person who is a non-residen t who is on Guam for the purpose of being employed or as a student and has been or is hereafter convicted of a sex offense. (b) Registration Requirements; Information to be Registered. (1) Registrants required to provide information. Al l persons required to register shall provide all of t he information detailed in this Section to the Judicia ry of Guam, Probation Division, and the Judiciary of Guam , Probation Division, shall obtain all of the informa tion detailed in this Section from any person required t o register with Guam in accordance with this Chapter, and shal l implement any relevant policies and procedures nece ssary to effectuate the intent of this code. (2) Digitized Format. To the greatest extent possi ble, COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 21 all information obtained under this code shall be m aintained by the Judiciary of Guam, Probation Division, in a digitized format.

ORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 21 all information obtained under this code shall be m aintained by the Judiciary of Guam, Probation Division, in a digitized format. (3) Sex Offender Registry Management System. There is hereby established a Sex Offender Registry, whic h the Judiciary of Guam, Probation Division, shall mainta in and operate pursuant to the provisions of this Chapter, as amended. The sex offender registry shall be maintai ned in an electronic database by the Judiciary of Guam, Pr obation Division, and shall be in a form capable of electro nic transmission. This sex offender registry may also be maintained in any other form in addition to the ele ctronic database described above. (4) Provided by the Offender. The following information must be registered and updated by any s ex offender required to register under this Chapter at the Judiciary of Guam, Probation Division, or at the de signated agency assigned to manage the Sex Offender Registry Management System: (A) Name, Date of Birth, Social Security Number. All primary and given names, alias(es), nicknames, and pseudonyms to include ethnic and tribal names (regardless of the

er Registry Management System: (A) Name, Date of Birth, Social Security Number. All primary and given names, alias(es), nicknames, and pseudonyms to include ethnic and tribal names (regardless of the context in which they are used, actual date of birth and any purported dates of bir th, and actual social security number and any purported social security numbers used, if any, and any other identifying factors; (B) Residential and Physical Address. (i) Current physical address and mailing address, or if the person is incarcerated, the address of the residence where the person will be residing immediately upon release and the mailing address the person plans to use immediately upon release; (ii) If a registrant does not have a fixed or definite address, then a specific name, description COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 22 and the location of the place or places where the registrant habitually lives, to include, but not be limited to, information of a certain part of the ci ty or village that is the registrant’s habitual locale , a park or spot on the street where the registrant stations himself/herself during the day or

mited to, information of a certain part of the ci ty or village that is the registrant’s habitual locale , a park or spot on the street where the registrant stations himself/herself during the day or sleeps a t night, any shelters or temporary homeless shelters which the registrant circulates, or places of publi c buildings, restaurants, libraries, or other establishments that the registrant frequents; (iii) physical address and mailing address of any anticipated future residence or any residence of temporary lodging, wherein the offender leaves the current residence for seven (7) days or more, including any land line telephone numbers of the anticipated future residence or temporary lodging, pagers or cellular/mobile numbers that the offender has access to or anticipates in having access to; (C) Employment Information. Employer name, employer’s telephone numbers, physical address and mailing address of current and/or anticipated employment, and if applicable, transient/day labor information. If the employment requires registrant to travel to different locales, then the registrant sh all provide the specific names and addresses of the oth er locales; (D) Photograph.

day labor information. If the employment requires registrant to travel to different locales, then the registrant sh all provide the specific names and addresses of the oth er locales; (D) Photograph. A current photograph (paper records); (E) School Information. Name and address of any place where the sex offender is a student or will b e a student, including the name and address of any secondary school, institution of higher education, trade school or professional school (public or privately owned), and enrollment status; (F) Phone Numbers. Any land line telephone numbers, pagers, cellular/mobile numbers, or any ot her COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 23 designations used by the offender for purposes of routing or self-identification in telephonic communications, that the offender has access to or anticipates having access to ; (G) Vehicle Information. The license plate number and description of any vehicle, which includ es all land vehicles, aircrafts, or watercrafts, wheth er owned or operated for work or personal use, to incl ude a description of the vehicle, its permanent or freq uent location; (H) Internet

nclud es all land vehicles, aircrafts, or watercrafts, wheth er owned or operated for work or personal use, to incl ude a description of the vehicle, its permanent or freq uent location; (H) Internet Identifiers. Internet identifiers and all designations used by sex offenders for purposes of routing or self-identification in Internet communications or postings, including email addresses, instant messaging addresses or any other designation used in internet communication; (I) Driver’s License and Identification Card. A photocopy of all valid driver’s licenses or identif ication cards, if any, issued to the offender by any and al l jurisdictions; (J) Passport and Immigration Documents. A photocopy of all passport and immigrations document s, if any, issued to the offender by any and all count ries and jurisdictions; (K) Professional Licensing Information. Professional Licensing Information, to include all licensing in which the registrant has obtained or h ad previously obtained which authorizes the registrant to engage in an occupation or carry out a trade or business. This includes any information as to the name, place of employment and contact information a s required in this

h authorizes the registrant to engage in an occupation or carry out a trade or business. This includes any information as to the name, place of employment and contact information a s required in this Section, as well as any organizati on or business wherein the professional license was obtai ned and to which the registrant is affiliated or has s ome financial stake in; (L) International Travel. Any intended travel COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 24 plans or arrangements that the sex offender has, whether such travel is to an international jurisdic tion or within the United States or its territories. The O ffender shall provide such travel plans or arrangements at least twenty-one (21) days in advance of such travel. Information provided by the sex offender shall incl ude the destination and any other information requested by the Judiciary of Guam, Probation Office or the designated Guam agency in charge of managing the Sex Offender Registry; and (M) Miscellaneous. Any other information as may be deemed appropriate by the Judiciary of Guam, Probation Office or the designated Guam agency in charge of managing the Sex

Sex Offender Registry; and (M) Miscellaneous. Any other information as may be deemed appropriate by the Judiciary of Guam, Probation Office or the designated Guam agency in charge of managing the Sex Offender Registry. (5) Provided by Guam. The Judiciary of Guam, Probation Office, or the designated agency that man ages Guam’s Sex Offender Registry in which the sex offen der registers shall ensure that the following informati on is included in the Guam Sex Offender Registry for that sex offender: (A) Physical Description. A physical description of the offender, to include a written general physi cal description of the offender and any distinguishing physical characteristics or marks such as birthmark s, scars, moles, and tattoos, and its location on the offender. A photograph of any such distinguishing physical characteristics or marks should be include d if possible, but is not required; (B) Photograph. A current photograph of the offender (digitized form); (C) Driver’s License and Identification Card. A photocopy of all valid driver’s licenses or identif ication cards, if any, issued to the offender by any and al l jurisdictions (digitized form); (D) Passport and Immigration

d Identification Card. A photocopy of all valid driver’s licenses or identif ication cards, if any, issued to the offender by any and al l jurisdictions (digitized form); (D) Passport and Immigration Documents. A photocopy of all passport and immigration documents , COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 25 if any, issued to the offender by any and all count ries and jurisdictions (digitized form); (E) Criminal History. Criminal history, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registrat ion status, all relevant information related to the underlying crime which triggered the registration requirements of this Chapter, any sex offender registration status, and any outstanding arrest war rants; (F) Treatment Documentation. Documentation of any treatment that the sex offender has completed, is currently undergoing, or wherein the sex offender h as been ordered to attend and complete by any court on Guam, as defined under § 89.01(n); (G) Fingerprints and Palm Prints. Fingerprints and palm prints; (H) DNA Sample.

or wherein the sex offender h as been ordered to attend and complete by any court on Guam, as defined under § 89.01(n); (G) Fingerprints and Palm Prints. Fingerprints and palm prints; (H) DNA Sample. A DNA sample of the offender; (I) Text of Registration of Offense. The text of the provision of law defining the criminal offense for which the sex offender is registered; (J) Notice and Acknowledgement Form of Registration Requirements. All sex offenders will sign and acknowledge a notice and acknowledgement form which shall provide information regarding the registration requirements and duties of sex offende rs. The sex offender will be required to sign an acknowledgement that the information of the registration requirements have been provided upon their initial registration, and an original, photoc opy, or electronic copy of the offender’s notice form signe d shall be made available on Guam’s sex offender registry; and (K) Miscellaneous. Any other information as may be deemed appropriate by the Judiciary of Guam, Probation Division, or the designated Guam agency in COL1/24/20209 GCA CRIMES & CORRECTIONS CH.

ry; and (K) Miscellaneous. Any other information as may be deemed appropriate by the Judiciary of Guam, Probation Division, or the designated Guam agency in COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 26 charge of managing the Sex Offender Registry. (6) Exemptions. (A) Federally Protected Witnesses. Where the person required to register is a Federally protecte d witness, the person shall not be required to provid e a photograph, alias(es), and original name, place of offense, date of birth, social security number or p rior residence. (B) Pardoned Convict or Conviction Reversed Upon Appeal. The duty to register under this Chapt er shall not be applicable to any sex offender whose conviction was reversed upon appeal, or who was pardoned by I Maga’lahen Guåhan, or who has been pardoned by the designated agency or individual of any jurisdiction as defined in this code. (c) Biological Samples. (1) Every person convicted in court of a criminal sexual conduct offense, or of a criminal offense ag ainst a victim who is a minor, shall provide a biological s ample to the Guam Police Department for DNA profile informat ion typing upon

a criminal sexual conduct offense, or of a criminal offense ag ainst a victim who is a minor, shall provide a biological s ample to the Guam Police Department for DNA profile informat ion typing upon conviction. (2) Every person who was convicted in court of a criminal sexual conduct offense or of a criminal of fense against a victim who is a minor and is incarcerated on the effective date of this law shall provide a biologic al sample for DNA profile information no later than ninety (9 0) calendar days after the effective date of this law. (3) Every person who was convicted in court of a criminal sexual conduct offense or of a criminal of fense against a victim who is a minor and is released on parole or probation shall provide a biological sample for DNA profile information to the Guam Police Department at the ti me of that person’s initial registration or within thirty (30) working days of initial registration. (4) Every person required to register pursuant to § COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 27 89.03(a) shall provide a biological sample to the G uam Police Department for DNA profile information at th e time of that

IMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 27 89.03(a) shall provide a biological sample to the G uam Police Department for DNA profile information at th e time of that person’s initial registration on Guam or wi thin thirty (30) working days upon conviction. (5) Intentional or knowing failure to provide a biological sample shall have the same penalty as a failure to provide initial registration information, which is a felony of the third degree as noted under § 89.05(f). (6) All biological samples for DNA profile informat ion typing that is provided to the Guam Police Departme nt pursuant to this Subsection shall be submitted for analysis and entry of the resulting DNA profile into the Com bined DNA Index System (CODIS). (d) Registration Requirements for Persons Required to Register Pursuant to § 89.03(a); Initial Registrati on; Penalty. (1) Registry Requirements for Sex Offenders, In General. All persons required to register must re gister, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee , and where the offender is a student. (2) Initial Registration, In General.

ter, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee , and where the offender is a student. (2) Initial Registration, In General. All sex off enders shall initially register: (A) before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirements, if the person is so incarcerated on or after the date of the enactment of this statute. Intentional or knowing failure to pr ovide this information shall result in the delay of that person’s release; (B) no later than three (3) working days after being sentenced for that offense, if the sex offend er is not sentenced to a term of imprisonment, if the per son is sentenced on or after the date of the enactment of this statute; (C) no later than the date the person is scheduled COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 28 to be placed on probation. Intentional or knowing failure to provide this information by that date sh all result in the revocation of the person’s probation and shall make that person ineligible for probation; (D) no later than three (3) working days

ailure to provide this information by that date sh all result in the revocation of the person’s probation and shall make that person ineligible for probation; (D) no later than three (3) working days after arrival on Guam; (E) if the registrant is on probation in another jurisdiction and that registrant’s probation is to be transferred to Guam, then the Judiciary of Guam, Probation Division, may obtain the necessary information from the office of probation or parole of the jurisdiction from where the registrant came; sa id registrant is required to verify the registered information as required by this Chapter no later th an three (3) calendar days after the person’s arrival on Guam. (3) Where a Person Identified as a Person Required to Register is on Supervised Parole or Probation at th e Time of the Passage of This Law and Is Not Currently Regist ered. Initial registration information must be provided t o the Judiciary of Guam, Probation Division, Sex Offender Registry Management Office no later than ninety (90 ) calendar days after the effective date of this law. Intentional or knowing failure to register pursuant to this Subsection is a felony of the third degree, as note d

Office no later than ninety (90 ) calendar days after the effective date of this law. Intentional or knowing failure to register pursuant to this Subsection is a felony of the third degree, as note d under § 89.05(a) . (4) Where a Person Required to Register is No Longe r Under the Supervision of Either Probation or Parole at the Time of the Passage of This Law and Is Not Currentl y Registered. Sex offenders required to register pur suant to this Chapter who fall within this category type sha ll have the absolute duty to report to and register with th e Judiciary of Guam, Probation Division, Sex Offender Registry Management Office. Intentional or knowing failure to register pursuant to this Subsection is a felony of the third degree, as noted under § 89.05(a). (5) Conviction Jurisdiction. Any person who has be en COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 29 or is convicted on Guam that is required to registe r under this Chapter, but does not plan to reside in Guam, be employed on Guam, or register or enroll in a school on Guam, and upon release will reside in another juris diction, be employed or will be registering or enrolling

does not plan to reside in Guam, be employed on Guam, or register or enroll in a school on Guam, and upon release will reside in another juris diction, be employed or will be registering or enrolling in a school in another jurisdiction, shall still be required to register initially in Guam, and upon relocating to the other jurisdiction, the registrant shall be required to m ake an in- person registration appearance within three (3) wor king days of commencing residence or employment in that jurisdiction. (6) Incarceration Jurisdiction. Any person who has been convicted in another jurisdiction, other than in Guam, but the person will be released from custody of the conviction jurisdiction and released to the custody of Guam and incarcerated on Guam, such registrant, prior to the registrant being released from incarceration on Gua m, shall be required to initially register in-person on Guam . (e) Registration Requirements; Frequency, Verifica tion, Duration, and Reduction. (1) A registrant must verify their registration in person with the Judiciary of Guam, Probation Division, in the manner specified in this Section.

; Frequency, Verifica tion, Duration, and Reduction. (1) A registrant must verify their registration in person with the Judiciary of Guam, Probation Division, in the manner specified in this Section. At each in-perso n verification the sex offender shall: (A) permit the Judiciary of Guam, Probation Division, to take a photograph of the offender, and (B) review existing information for accuracy and update, as necessary, any changes to existing registration information. (2) Level One Offender. A person who is a Level On e Offender shall verify the following registered info rmation ninety (90) calendar days from the date of initial registration; and shall appear in person once every ninety (90) calendar days thereafter to verify and update their registration information for the rest of their live s. If the ninetieth (90th) day falls on a weekend or holiday, the COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 30 registrant shall appear on the following working da y. (3) Level Two Offender. A person who is a Level Two Offender shall verify the following registered information one hundred eighty (180) calendar days from the date of initial

following working da y. (3) Level Two Offender. A person who is a Level Two Offender shall verify the following registered information one hundred eighty (180) calendar days from the date of initial registration; and shall appear in person once every one hundred eighty (180) calendar days thereafter to verify and update their registration information for the rest of their lives. If the one hundred ei ghtieth (180th) day falls on a weekend or holiday, the regi strant shall appear on the following working day. (4) Level Three Offender. A person who is a Leve l Three Offender shall verify the following registere d information one (1) year from the date of the regis trant’s initial registration; and shall appear in person on ce every year thereafter to verify and update their registra tion information for fifteen (15) years. If the date th e registrant is to verify falls on a weekend or holiday, the reg istrant shall appear on the following working day. (5) If any new information or change in informatio n is obtained at an in-person verification, the Judiciar y of Guam, Probation Division, shall immediately notify: (A) all other jurisdictions in which the sex offender is required to

ge in informatio n is obtained at an in-person verification, the Judiciar y of Guam, Probation Division, shall immediately notify: (A) all other jurisdictions in which the sex offender is required to register of the information or change in information; (B) the Guam Police Department; and (C) any other appropriate governmental agency as determined by the Judiciary of Guam, Probation Division. (f) Keeping the Registration Current. A sex offende r who is a resident of Guam shall: (1) no later than three (3) working days after each change of name, residence, employment, student stat us, or termination of residence, appear in person at the J udiciary of Guam, Probation Division, and inform the Judicia ry of Guam, Probation Division of all changes in the info rmation COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 31 required for that sex offender in the sex offender registry. If a registrant anticipates moving from Guam, that reg istrant shall register in person his intended place of resi dence with the Judiciary of Guam, Probation Division, no late r than three (3) calendar days before his departure from G uam; and (2) no later than three

register in person his intended place of resi dence with the Judiciary of Guam, Probation Division, no late r than three (3) calendar days before his departure from G uam; and (2) no later than three (3) working days after each change in temporary lodging information, vehicle information, internet identifiers, or telephone num bers, immediately notify the Judiciary of Guam, Probation Division, and inform the Judiciary of Guam, Probati on Division, of all changes in the information require d for that sex offender in the sex offender registry. (3) The Judiciary of Guam, Probation Division, shal l immediately provide the updated information, via el ectronic forwarding, to: (A) all other jurisdictions in which the sex offender is required to register; (B) the Guam Police Department; and (C) any other appropriate governmental agency as determined by the Judiciary of Guam, Probation Division. (g) Registration Requirement; Guam Residents Who ar e Employed, Carry on a Vocation, or are Students in A nother Jurisdiction. A person who is required to regist er on Guam and who is employed, carries on a vocation, or is a stu dent in another jurisdiction shall also register in that other juri

nts in A nother Jurisdiction. A person who is required to regist er on Guam and who is employed, carries on a vocation, or is a stu dent in another jurisdiction shall also register in that other juri sdiction pursuant to the registration requirements of that jurisdicti on. (h) Registration Requirement; Sex offenders Who Mov e to Another Jurisdiction. When a sex offender who is re quired to register on Guam anticipates moving to another juri sdiction, that registrant shall report the change of address to th e Judiciary of Guam, Probation Division, pursuant to the requireme nts of this Chapter, and comply with any registration requireme nt of the new jurisdiction. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 32 (i) Persons required to register under this Section shall not access, or create or maintain a personal web page, profile, account, password, or user name for: a social netwo rking website; or an instant messaging or chat room progr am, that permits persons under the age of eighteen (18) year s to become a member or to create or maintain a personal web page , unless such social networking website, or an instant messa ging or

ogr am, that permits persons under the age of eighteen (18) year s to become a member or to create or maintain a personal web page , unless such social networking website, or an instant messa ging or chat room, limits the ability of adult members to add pe rsons under the age of eighteen (18) years as friends, buddies or associates. All computers or devices capable of accessing the i nternet that are on the registrant’s person, vehicle or home are subject to unannounced searches by law enforcement personnel a cting within the scope of their duties while performing a lawful investigation. SOURCE: Added by P.L. 25-75:2 (Nov. 9, 1999), amended by P.L. 28- 077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007), and P.L. 30-223:2 (Dec. 30, 2010). Subsection (i) added by P.L. 31-0 47:2 (May 23, 2011). § 89.04. Duration of Registration. A registrant shall continue to comply with this Cha pter, except during ensuing periods of incarceration, for the following period of time: (a) Lifetime; Level One and Level Two Offenders. A Level One Offender or Level Two Offender must compl y with this Chapter for the length of that person’s l ife. (b) Fifteen (15) Years; Level Three Offenders.

ime; Level One and Level Two Offenders. A Level One Offender or Level Two Offender must compl y with this Chapter for the length of that person’s l ife. (b) Fifteen (15) Years; Level Three Offenders. A Level Three Offender must comply with this Chapter for a period of fifteen (15) years from the date of that person’s initial registration. (c) Where Conviction Reversed, Vacated or Set Aside or Where Registrant Pardoned. Notwithstanding subsections (a) and (b) of this Section, where the underlying conviction is reversed, vacated or set aside, or if the person is pardoned of the crime which triggered the regist ration requirement of this Chapter, registration is no lon ger required. (d) Tolling of Registration Requirement. If a COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 33 registrant is re-incarcerated for violations of rel ease c onditions imposed in the same crime, or for the com mission of another crime, or the registrant is civilly comm itted, or if the registrant leaves to a foreign country and info rms the Judiciary of Guam, Probation Division, then the per iod of registration is tolled and remains tolled until the registrant’s

mm itted, or if the registrant leaves to a foreign country and info rms the Judiciary of Guam, Probation Division, then the per iod of registration is tolled and remains tolled until the registrant’s subsequent release or arrival in another jurisdicti on. Thereafter, the registrant shall recommence and con tinue registering for the remaining period of time the re gistrant is required to register. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). § 89.05. Penalties. (a) Initial Registration. Intentional or knowing f ailure to provide initial registration information shall dela y the registrant’s release if the registrant is to be rel eased, or make the registrant ineligible for probation if the registra nt is to be placed on probation. Intentional or knowing failure to pr ovide initial registration information is a felony of the third d egree. (b) Verification. The failure to verify registered information is a felony of the third degree. A sec ond or subsequent failure to so register is a felony of th e second degree.

of the third d egree. (b) Verification. The failure to verify registered information is a felony of the third degree. A sec ond or subsequent failure to so register is a felony of th e second degree. Failure of a probationer or parolee to so register may result in sanctions pursuant to Title 8 GCA § 80.66 and Title 9 GCA § 80.82, respectively. (c) Address Changes. A registrant’s failure to reg ister the registrant’s new physical and mailing address withi n three (3) calendar days of any change of physical and mailing address is a felony of the third degree. A second or subsequent failure to so register is a felony of the second degree. Failure of a registrant who is a probationer or parolee to so register may result in sanctions pursuant to Title 9 GCA § 80.66 and Title 9 GCA § 80.82, respectively. (d) False Information. Intentionally and knowingly providing false information during initial registra tion or subsequent verification is a felony of the second d egree. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 34 (e) Enrollment or Employment at an Institution of H igher Education.

s a felony of the second d egree. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 34 (e) Enrollment or Employment at an Institution of H igher Education. A registrant’s failure to update enroll ment or employment at an institution of higher education or termination of such enrollment or employment at an institution of higher education with the Judiciary of Guam, Probation Div ision, within three (3) calendar days of any change would constitute a failure to register or keep such registration curre nt and is a felony of the third degree. (f) Failure to Provide Biological Sample. Intentio nal or knowing failure to provide biological samples for D NA profile information to the Guam Police Department pursuant to this Chapter is a felony of the third degree. (g) Any person who violates § 89.03(i) of this Chap ter commits a misdemeanor. (h) Any person who violates § 89.03(i) of this Chap ter and intentionally adds person(s) under the age of eight een (18) years as friends, buddies or associates commits a third d egree felony. (i) Any person who misrepresents his or her age and /or uses a pseudonym to gain membership in a social net working

ht een (18) years as friends, buddies or associates commits a third d egree felony. (i) Any person who misrepresents his or her age and /or uses a pseudonym to gain membership in a social net working website, or an instant messaging or chat room, acce ssible to persons who are under eighteen (18) years of age an d/or to add as friends, buddies or associates who are under eig hteen (18) years of age commits a third degree felony. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). Subsections (g), (h) and (i) added by P.L. 31-047:3 (May 23, 2011). § 89.06. Failure to Appear for Registration, Abscon ding and Failure to Register. (a) Failure to Appear. In the event a sex offender fails to register on Guam as required by this Chapter, then the Judiciary of Guam, Probation Division, or designee shall imme diately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school enrollment on Guam, and that the sex offender faile d to appear for registration. COL1/24/20209 GCA CRIMES & CORRECTIONS CH.

ion that the sex offender was to commence residency, employment, or school enrollment on Guam, and that the sex offender faile d to appear for registration. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 35 (b) Absconded Sex Offenders. If the Judiciary of G uam, Probation Division, or its designee receives inform ation that a sex offender has absconded, then the Judiciary of G uam, Probation Division, shall make an effort to determi ne if the sex offender has actually absconded. (1) In the event that no determination can be made, the Judiciary of Guam or designee shall ensure that the Guam Police Department and other local law enforcement agencies are notified so that a proper investigatio n may be conducted. (2) If the information indicating the possible absconding came through notice from another jurisdi ction or federal authorities, the other jurisdiction or t he federal authorities shall be informed that the sex offender failed to appear and register. (3) If an absconded sex offender cannot be located by the Guam Police Department after the matter had bee n forwarded for investigation, then the Guam Police Department shall inform

ear and register. (3) If an absconded sex offender cannot be located by the Guam Police Department after the matter had bee n forwarded for investigation, then the Guam Police Department shall inform the Judiciary of Guam, Prob ation Division, and the Judiciary of Guam, Probation Div ision, shall take the forthcoming steps: (A) update the registry to reflect the sex offender has absconded or is otherwise not capable of being located; (B) notify the U.S. Marshals; (C) if all legal requirements are met to obtain a federal warrant of arrest, then the U.S. Marshals Service or the Federal Bureau of Investigations may be contacted in an attempt to obtain a federal warrant for the sex offender’s arrest; (D) update the National Sex Offender Registry (NSOR) to reflect the sex offender’s status as an absconder, or is otherwise not capable of being loc ated; and (E) enter the sex offender into the National Crime COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 36 Information Center Wanted Persons File. (c) Failure to Register. In the event a sex offend er who is required to register due to their employment or sch ool attendance status fails to do

REGISTRY 36 Information Center Wanted Persons File. (c) Failure to Register. In the event a sex offend er who is required to register due to their employment or sch ool attendance status fails to do so or otherwise violate a regist ration requirement of this Chapter, then the Judiciary of Guam, Probation Division, shall take all appropriate foll ow-up measures including those outlined in the above Section. The Judiciary of Guam, Probation Division, shall first make an effor t to determine if the sex offender is actually employed or attendi ng or enrolled in school within its jurisdiction. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). § 89.07. Duties of the Department of Corrections an d the Parole Services and Probation Division of the Judic iary of Guam; Initial Registration. If a registrant is placed on parole or placed on pr obation, or prior to the registrant being released from incarce ration, the Department of Corrections, the Parole Services Divi sion, or the Judiciary of Guam, Probation Division, shall: (a) inform the registrant of the duty to register; (b) ensure

d from incarce ration, the Department of Corrections, the Parole Services Divi sion, or the Judiciary of Guam, Probation Division, shall: (a) inform the registrant of the duty to register; (b) ensure that the sex offender completes his/her initial registration pursuant to this Chapter; (c) require the registrant to read and sign a form stating that the registrant’s duty to register under this C hapter has been explained; (d) forward information described in (c) above to t he Judiciary of Guam, Probation Division, within three (3) calendar days after receipt thereof; and (e) ensure any registration information is promptl y made available to the Judiciary of Guam, Probation Division. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 37 § 89.08. Duties of the Guam Police Department. The Guam Police Department shall: (a) inform all persons required to register under t his Chapter of their duty to register; (b) require any person required to register under t his Chapter who has not yet

uam Police Department shall: (a) inform all persons required to register under t his Chapter of their duty to register; (b) require any person required to register under t his Chapter who has not yet provided his or her initial registration information to read and sign a form st ating the registrant’s duty to register under this Chapter ha s been explained; (c) forward information described in (b) above to t he Judiciary of Guam, Probation Division, within three (3) calendar days after receipt thereof; (d) collect a biological sample for DNA profile information from the offender as required in this C hapter, and submit the sample to the Federal Bureau of Investigation within twenty-four (24) hours of coll ection and to any local entity that may be Guam’s central repository for DNA; (e) collect and keep records of fingerprints and pa lm prints from the registrant and also distribute card s containing such prints to the Judiciary of Guam, Pr obation Division, to submit such fingerprints and palm prin ts to the Federal Bureau of Investigation within twenty-four (24) hours of collection and to any local entity that ma y be Guam’s central repository for fingerprints or palm prints.

nts and palm prin ts to the Federal Bureau of Investigation within twenty-four (24) hours of collection and to any local entity that ma y be Guam’s central repository for fingerprints or palm prints. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). § 89.09. Duties of the Judiciary of Guam. (a) Repository. The Judiciary of Guam shall be the central repository for all registration information gathere d pursuant to this Chapter, in addition to all criminal history r ecords information. (b) Sole Source of Submission of Information to th e Federal Bureau of Investigation (FBI) and the Natio nal Crime COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 38 Information Center (NCIC). The Judiciary of Guam, Probation Division, shall enter all registration information into the NCIC system and National Sex Offender Registry (NSOR) no later than three (3) working days after receipt of such i nformation. The Judiciary of Guam, Probation Division, shall fo rward the fingerprints and palm prints to the FBI for inclusi on in the appropriate databases.

(3) working days after receipt of such i nformation. The Judiciary of Guam, Probation Division, shall fo rward the fingerprints and palm prints to the FBI for inclusi on in the appropriate databases. (c) Notification of Local Law Enforcement Agencies Regarding Changes of Address; Relocation from Guam. Upon receipt of information that the registrant is antic ipated to relocate from Guam to another jurisdiction, the Judiciary of Guam, Probation Division, shall immediately notify the ju risdiction to which the registrant is relocating and shall transm it the address of the registrant’s anticipated residence to the FB I no later than three (3) working days of receipt of such informati on. (d) Notification of FBI Regarding Changes of Addres s. Upon receipt of information that the registrant is or has changed residence within Guam, or is anticipated to relocat e from Guam to another state, territory or tribe, the Judiciary of Guam, Probation Division, shall transmit the new address to the FBI no later than three (3) working days after receipt of such information. (e) Release of Information.

tory or tribe, the Judiciary of Guam, Probation Division, shall transmit the new address to the FBI no later than three (3) working days after receipt of such information. (e) Release of Information. The Judiciary of Guam, Probation Division, shall ensure that all of the re gistrant’s information that is required to be released under t his Chapter is properly and timely released. (f) Fees. The Judiciary of Guam, Probation Divisio n, is authorized to collect reasonable registration fees from registrants. Such fees shall be used for the maint enance and support of the sex offender registration and notifi cation program. One hundred percent (100%) of the fee paid by the r egistrant shall be given to the Judiciary of Guam, Probation Division. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). § 89.10. Duties of the Judiciary of Guam in Managin g the Sex Offender Registry. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 39 The Judiciary of Guam shall: (a) supervise, upkeep, and maintain the Crimes Agai nst Minors and Sex Offender Registry;

A CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 39 The Judiciary of Guam shall: (a) supervise, upkeep, and maintain the Crimes Agai nst Minors and Sex Offender Registry; (b) inform the registrant of his/her registration d uties under this Chapter; (c) ensure that any person required to register und er this Chapter has read and signed a form stating tha t the registrant’s duty to register under this Chapter ha s been explained; (d) receive and obtain initial registration and registration verification information from all pers ons required to register under this Chapter, and enter such information into the Sex Offender Registry database ; (e) supervise the release of verified information, as required in this Chapter; (f) perform all other duties necessary to ensure th e proper maintenance of the Sex Offender Registry and to ensure that all registrants comply with their regis tration duties as set out in this Chapter; and (g) publish, every year, a notification in any publication of general circulation informing all pe rsons required to register pursuant to this Chapter of th eir duty of register.

in this Chapter; and (g) publish, every year, a notification in any publication of general circulation informing all pe rsons required to register pursuant to this Chapter of th eir duty of register. Such notification shall include, but is not limited to, the following: (1) the provision requiring the duty to register; (2) the provision stating the information that is required to be registered; (3) the physical address of location in which persons required to register must report to; (4) the provisions stating the penalties for failur e to register; and (5) the contact information and name of the person from whom persons required to register can COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 40 receive further information regarding registration requirements. (h) Local Appropriations to Fund Sex Offender Regis try. I Liheslaturan Guahan shall hereby appropriate a reasonable amount from the General Fund as part of the budget of the respective agency who is assigned to implement, mai ntain, and operate the Sex Offender Registry. Such budget sha ll be used by the respective agency for the implementation, maint enance, and support of the

ive agency who is assigned to implement, mai ntain, and operate the Sex Offender Registry. Such budget sha ll be used by the respective agency for the implementation, maint enance, and support of the Sex Offender Registration and Notifi cation Program. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). § 89.11. Notification. (a) Public Sex Offender Registry Website. There is hereby established a public sex offender registry website, which the Judiciary of Guam, Probation Division, shall mainta in and operate pursuant to the provisions of this Chapter, as amended. (b) Functionality. The Judiciary of Guam, Probatio n Division, shall, within the Public Sex Offender Re gistry Website, provide for: (1) a searchable database of all Sex Offenders that shall have the capability of conducting searches by (A) n ame, (B) county, city and/or town, and (C) zip code and/or geographic radius; (2) a mechanism to allow visitors to subscribe, thr ough an electronic mail (e-mail) address, to notificatio n of any updates or changes made to the Sex Offender Registr y; (3) links, to the extent

; (2) a mechanism to allow visitors to subscribe, thr ough an electronic mail (e-mail) address, to notificatio n of any updates or changes made to the Sex Offender Registr y; (3) links, to the extent practicable, to sex offend er safety and education resources; (4) instructions on how to seek correction of information that an individual contends is erroneou s; and (5) a warning that information on the site should n ot be used to unlawfully injure, harass, or commit a crim e against any individual named in the registry or residing or working COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 41 at any reported address, and such warning shall not e that any such action could result in civil or criminal p enalties. (c) Dru Sjodin National Sex Offender Public Website . The Judiciary of Guam, Probation Division, shall inclu de in the design of its website all field search capabilities needed for full participation in the Dru Sjodin National Sex Offend er Public Website, and shall participate in that website as p rovided by the Attorney General of the United States. (d) Information on the Public Sex Offender Registry Website.

in National Sex Offend er Public Website, and shall participate in that website as p rovided by the Attorney General of the United States. (d) Information on the Public Sex Offender Registry Website. The following information shall be made a vailable to the public on the sex offender registry website: (1) notice that an offender is in violation of thei r registration requirements or cannot be located if t he sex offender has absconded; (2) all sex offenses for which the sex offender has been convicted, which should include the text of the reg istration offense; (3) the sex offense(s), including the text of the registration offense, for which the sex offender is currently registered; (4) the address of the sex offender’s employer; (5) the name of the sex offender including all alia ses, nicknames, pseudonyms, and tribal or ethnic names; (6) a current photograph of the sex offender; (7) a physical description of the sex offender; (8) the residential address, and if relevant, a des cription of a habitual residence of the sex offender; (9) all addresses of schools in which the sex offen der attends or is enrolled in; and (10) the sex offender’s vehicle license plate numbe r, along

iption of a habitual residence of the sex offender; (9) all addresses of schools in which the sex offen der attends or is enrolled in; and (10) the sex offender’s vehicle license plate numbe r, along with a description of the vehicle; (e) Prohibited Information. The following informat ion shall not be available to the public on the sex offender registry COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 42 website: (1) any arrest that did not result in conviction; (2) the sex offender’s social security number; (3) any travel and immigration documents; (4) the identity of the victim; and (5) any Internet Identifiers. (f) Victims. The identity of the victim or any information that may identify the victim is strictly prohibited under this Chapter. (g) Re-incarceration. In the event that a registra nt is re- incarcerated for any reason, the information that t he registrant is re-incarcerated, and the reason(s) for such re-inca rceration, shall be released to the community. (h) Method of Release of Information. The Judiciar y of Guam, Probation Division, shall maintain the Public Sex Offender Registry Website and it shall be updated i

shall be released to the community. (h) Method of Release of Information. The Judiciar y of Guam, Probation Division, shall maintain the Public Sex Offender Registry Website and it shall be updated i mmediately after a registrant registers, or updates registered information. The community shall have access to the Sex Offender Registry Web Page. The Judiciary of Guam, Probation Divisio n, shall transmit a notice of any updates to registration in formation concerning any sex offender to the Guam Department of Education, the Guam Community College, the Universi ty of Guam, the Department of Administration, the Departm ent of Labor & Agency for Human Resources Development, the Department of Public Health & Social Services, the Department of Youth Affairs, the Child Protective Services Age ncy, the Office of the Attorney General, all public and priv ate schools, day care centers, victim shelters and victim advoca tes, within three (3) calendar days with the information in whi ch such registration information can be found. The Judicia ry of Guam, Probation Division, may transmit such information a nd fulfill the requirement of this Section by use of an email noti fication system

h registration information can be found. The Judicia ry of Guam, Probation Division, may transmit such information a nd fulfill the requirement of this Section by use of an email noti fication system described in §89.10(j), below. The Judiciar y of Guam, Probation Division, may transmit any information co ncerning all sex offenders directly to the media for disseminati on. COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 43 (i) Law Enforcement Notification. Whenever a sex offender registers or updates his or her informatio n with Guam, the Judiciary of Guam, Probation Division, shall: (1) immediately notify the FBI or other federal age ncy as designated by the Attorney General in order that the information may be updated on the National Sex Offe nder Registry (NSOR), or other relevant database; (2) immediately notify any agency, department, or program with Guam responsible for criminal investig ation, prosecution of child welfare, or sex offender super vision functions, which will include the Guam Police Depar tment, Child Protective Services, Office of the Attorney G eneral, and the Judiciary of Guam, Probation Division; (3)

or sex offender super vision functions, which will include the Guam Police Depar tment, Child Protective Services, Office of the Attorney G eneral, and the Judiciary of Guam, Probation Division; (3) immediately notify any and all other registrati on jurisdictions where the sex offender is registered due to the sex offender’s residency, school enrollment or empl oyment; (j) Community Notification. The Judiciary of Guam, Probation Division, shall ensure there is an autom ated community notification process in place that ensure s the following: (1) that upon a sex offender’s registration or upda te of information with Guam, Guam’s public sex offender registry website is immediately updated within (3) working days; (2) that Guam’s public sex offender’s registry has a function that enables the general public to request email notices that will notify the person requesting such information when a sex offender commences residence , employment or school enrollment on Guam, within a specified zip code, or within a certain geographic radius. This email notice shall include the sex offender’s identity so that the public can access the public registry for the new information.

hin a specified zip code, or within a certain geographic radius. This email notice shall include the sex offender’s identity so that the public can access the public registry for the new information. (k) Verification of Names on Sex Offender Registry. Entities within the government of Guam may request the Judiciary of Guam, Probation Division, to verify th e identities of COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 44 individuals registered on the Sex Offender Registry for the purposes of employment. (l) Notice of Change. The Judiciary of Guam, Proba tion Division, shall, upon the passage of this Act, prov ide for education to the community through a notice to the public of changes made by this Chapter requiring all convicte d sex offenders to register with the Sex Offender Registr y. Such education may include sending of information to loc al schools, notice in a publication of general circulation, not ices to various local media entities, and actively promoting safety through and awareness of the Guam Sex Offender Registry. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct.

ities, and actively promoting safety through and awareness of the Guam Sex Offender Registry. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). § 89.12. Immunity for Good Faith Conduct. Law enforcement agencies, their employees and government of Guam officials shall be immune from a ny civil or criminal liability for good faith conduct under thi s Chapter, unless it is shown that the agency, employee, gover nment official or board member acted with gross negligenc e or in bad faith. SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007 ), and P.L. 30-223:2 (Dec. 30, 2010). § 89.13. Electronic Monitoring of Sex Offenders. (a) The Superior Court may order that a sex offende r wear an electronic monitoring device, as defined by § 89 .01 (w) of this Chapter, for any portion of or all of the dura tion of his probation, as a condition of his probation. The of fender shall pay for the purchase or lease of the electronic mon itoring device, provided that the Court may order that the cost or a portion thereof be paid by the

condition of his probation. The of fender shall pay for the purchase or lease of the electronic mon itoring device, provided that the Court may order that the cost or a portion thereof be paid by the Court. (b) If a sex offender is released on parole from incarceration, the Territorial Parole Board may req uire, as a condition of his parole, that the offender wear an electronic monitoring device as defined by § 89.01(w) of this Chapter, for COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 45 any portion of or all of the duration of his parole . The offender shall pay for the purchase or lease of the electron ic monitoring device, provided that the Parole Board may direct t hat the cost or a portion thereof be paid by the Parole Office. (c) The Supreme Court of Guam shall enact rules and regulations, pursuant to the Administrative Adjudic ation Law, to effectuate Subsections (a) and (b) herein. Said rul es shall include a means of determining EMD costs and assessing the offenders therefor. (d) Any person(s) who disables or attempts to disab le or otherwise render wholly or partially unusable, an e lectronic monitoring device defined in §

EMD costs and assessing the offenders therefor. (d) Any person(s) who disables or attempts to disab le or otherwise render wholly or partially unusable, an e lectronic monitoring device defined in § 89.01(w) of this Cha pter, while being used by an 'offender' as defined by § 89.02 o f this Chapter, commits a third degree felony. The penalt y for such felony shall be re-incarceration for the remainder of the original sentence, inclusive of any probationary period, and an additional sentence of confinement of not less than one (1) ye ar and no more than five (5) years. Such additional sentence shall run subsequent to the original sentence. SOURCE: Added by P.L. 29-007:3 (Sept. 7, 2007) as § 89.12 . Renumbered by Compiler because § 89.12 already exis ted. Amended by P.L. 29-030 (Oct. 25, 2007), P.L. 30-223:2 (Dec. 30 , 2010). § 89.14. Limitations on the Use of Electronic Mail (e-mail) by Registered Sex Offenders. (a) Any person required to register as a sex offender pursuant to the provisions of this Chapter shall in clude identifying information in the 'reply to' and/or 's ender' and/or 'from' field(s) in any e-mail account established a nd used by the registered sex offender.

provisions of this Chapter shall in clude identifying information in the 'reply to' and/or 's ender' and/or 'from' field(s) in any e-mail account established a nd used by the registered sex offender. For purposes of this Sect ion, identifying information means the user’s first name, middle ini tial(s) and last name. Any violation of this paragraph is a third d egree felony. (b) Any e-mail address created by a registered sex offender shall be submitted, physically or electron ically, to the Superior Court within ten (10) days of the creation of such account. A violation of this paragraph is a petty misdemeanor. SOURCE: Added by P.L. 31-048:1 (May 23, 2011). COL1/24/20209 GCA CRIMES & CORRECTIONS CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY 46 § 89.15. Limitations on Employment of Convicted Sex Offenders. Any person convicted of a violation of Chapters 25 and 25.1 of this Chapter and/or is required to register as a Sex Offender pursuant to the provisions of this Chapter, may not be employed, directly or through an independent contractor, in a ny of the following: (a) a medical, dental or physical therapy facility or clinic while patients are present; (b) a child care

may not be employed, directly or through an independent contractor, in a ny of the following: (a) a medical, dental or physical therapy facility or clinic while patients are present; (b) a child care facility while children are presen t; (c) a school or learning institution while children are present; (d) a medical or disabled person transport service while patients are present; (e) a hospital nursing home or hospice facility whi le patients are present; or (f) as an installer or deliverer of services or goo ds where the employee may be required to enter a private residen ce. SOURCE: Added by P.L. 31-248:1 (Dec. 6, 2012). § 89.16. Cases Under Appeal. The trial judge may not stay any judgement of convi ction as it relates to the registration requirements contain ed in this Chapter. SOURCE: Added by P.L. 35-051:2 (Nov. 25, 2019). ---------- COL1/24/2020