(a) A person commits the crime of indecent exposure if he or she intentionally exposes their genitals or performs any other lewd act under circumstances in which their conduct is likely to be observed by any person who would be offended or alarmed. (b) Except as provided below, indecent exposure is a misdemeanor. Indecent exposure is a felony in the third degree if: (1) a person intentionally exposes their genitals or intentionally performs any other lewd act to a person under the age of sixteen (16) years; or (2) a person intentionally exposes their genitals or performs any other lewd act for the purpose of sexual gratification; or (3) a person has previously been convicted under this
Section; or (4) a person has been convicted of any other sexual offense as defined in a provision of the Guam Code Annotated. SOURCE: G.P.C. § 311(1); M.P.C. § 251.1; Cal. § 609 (T.D.1 1967); Cal. § 914 (1971); Mass. ch. 272, § 3; N.J. § 2C:34-1. Amended by P.L. 32-125:2 (Feb. 10, 2014). 2016 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 GCA § 1606. CROSS-REFERENCES: 9 GCA §§ 80.34, 80.64 and 80.62. COMMENT: This Section continues the crime of ‘indecent exposure’ while § 28.70 covers a portion of the former crime of ‘vagrancy’and makes the prohibited behavior sufficiently precise so as to avoid the constitutional infirmities which have voided much of the former crime of ‘vagrancy.’ This Section differs from § 28.10 in that the solicitation prohibited by this § 28.10 is not ‘for hire.’ The behavior prohibited here is nuisance behavior engaged in by sexual deviates of all types.