A person commits a felony of the first degree if he knowingly: (a) sells or offers for sale publications, pictures or films that depict minors under 16 years of age performing sexual acts; or (b) photographs minors under 16 years of age to engaging [sic] sexual acts. SOURCE: Added by P.L. 14-137, eff. 07/25/78.
2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “Numbers” to “Lowercase Letters” in this section. COURT DECISIONS: SUPERIOR COURT, 1978. Although Guam's obscenity statutes [9 GCA § 28.40 et seq.] contain no specific definitions of prohibited sexual conduct, those statutes include by implication the examples of conduct set forth in Miller v. California, 413 U.S. 15, 93 Sup. Ct. 2607 (1973). People v. Daly, Sup. Ct. Cr. #35-78 (Order, 05/12/78; Abbate, P.J.) SUPERIOR COURT, 1978. The examples of conduct set forth in Miller v. California, 413 U.S. 15, 93 Sup. Ct. 2607 (1973), having been adopted by implication as the only specific examples of prohibited sexual conduct, those examples constitute the beginning and end of the obscenity area; thus, sexual conduct not defined by statute cannot be criminal. People v. Schott, Sup. Ct. Cr. #104-78 (Order, 06/19/78; Raker, J.)