Unless otherwise indicated, as used in § 19.70: (a) “Harasses” or “harassment” means a knowing and willful course of conduct, whether physical, verbal, written, electronic, telephonic, via or by use of a computer, computer network, computer system, telephone network, data network, text message, instant message, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose. Such course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress, and must cause substantial emotional distress. (b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing continuity of purpose. Constitutionally and statutorily protected activity, including, but not limited to, picketing as a result of a labor dispute, is not included in this definition. (c) “Credible threat” means any threat, physical or verbal, overtly or subtly manifested, constituting a threat with the intent and apparent ability to carry out the threat with the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person threatened or to a member of his or her immediate family. (d) “Computer” means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. (e) “Computer network” means two (2) or more computers or computer systems interconnected by communication lines, including microwave, electronic, or any other form of communication. (f) “Computer system” means a set of interconnected computer equipment intended to operate as a cohesive system. SOURCE: Added by P.L. 22-035:2 (Sept. 27, 1993). Amended by P.L. 31-009:2 (Mar. 9, 2011). NOTE: Section 1 of P.L. 22-035 stated the following Legislative Findings and gave to this and the following section the title, The Guam Stalking Law: The Legislature finds Guam law to be woefully lacking in the adequate protection of persons who are threatened by the menacing presence of another person. It is assumed that scores of assaults and homicides could have been prevented in Guam over the last several years with adequate protective statutes in effect. The Legislature finds a need for a criminal statute to deter and punish the act of stalking, as defined in this Act.
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