A person commits a petty misdemeanor if, with intent to harass another, he: (a) makes, or causes to be made, a communication anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; (b) subjects another to striking, kicking, shoving or other offensive touching, or threatens to do so; or (c) engages in any other course of alarming conduct or of repeatedly committed acts which alarm or seriously annoy such other person serving no legitimate purpose of the defendant. (d) Every person who with intent to annoy, telephones, telefaxes, or communicates by use of any telephone network, data network, text message, instant message, computer, computer network, or computer system with another person and addresses to or about such other person
any obscene language is guilty of a misdemeanor. (e) Every person who makes a telephone call, telefax transmission, or any transmission by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system with intent to annoy and without disclosing his true identity to the person answering the telephone or receiving the telefax transmission or transmission received from any telephone network, data network, text message, instant message, computer, computer network, or computer system, whether or not conversation or return transmission ensues from making the telephone call or the transmission, is guilty of a misdemeanor. (f) Any offense committed by use of a telephone, telefax machine, or any telephone network, data network, text message, instant message, computer, computer network, or computer system as set out in this Section may be deemed to have been committed at either the place at which the telephone calls, telefax transmissions, or any transmission by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system were made or received. In the event that a customer of a telephone service provider, wireless service provider, or an internet service provider receives harassing telephone calls or transmissions received via or by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system, such customer may t1le an injunction complaint under the name of John Doe, although the telephone service provider may release the name, address, and telephone number of the plaintiff to the Superior Court of Guam. The telephone service provider, wireless service provider, or an internet service provider shall disconnect all telephone services or computer or wireless services to any subscriber who has violated the provisions of this Section more than one ( 1) time. (g) Subsections (d) or (e) of this Section are violated when the person acting with intent to annoy makes a
telephone call, telefax transmission, or any transmission by use of a telephone network, data network, text message, instant message, computer, computer network, or computer system requesting a return call or return transmission and performs the acts prohibited under such Subsections upon receiving the return call or transmission. SOURCE: G.P.C. §§ 640a, 653f; M.P.C. § 250.4 Cal. §§ 1225, 1460 (1971); Mass. ch. 269, §§ 5, 6; *N.J. § 2C:33-4. Subsections (d), (e), (f), and (g) added by P.L. 21-12:1. Subsection (f) amended by P.L. 27- 109:12. Amended by P.L. 31-009:4 (Mar. 9, 2011). COURT DECISIONS: SUPER.CT. 1982. § 61.20, by defining harassment as striking, kicking, shoving or other offensive touching, clearly identifies the prohibited act and, therefore, does not violate the Fourteenth Amendment of the Constitution for vagueness, nor does it prohibit any activity protected by the First Amendment of the Constitution. People v. Jackson, Cr. #377-82. SUPER. CT. 1983. Subsections (a) and (b) of § 61.20 are unconstitu- tional because they fail to adequately define and limit the activity which is criminal. People v. Lizama, S.CT. Cr. #646-82. COMMENT: § 61.20 continues the policy behind former § 640a (obscene telephone calls); § 650 (threatening letters), and § 653f (annoying telephone calls) and also provides for private annoyances not covered by § 61.15 because of the latter's limitation on disturbances of some general impact and not covered under Chapter 19, Assault.