or Detention Facility. (a) Definitions. (1) “Contraband” means any item not provided by or authorized by the operator of a correctional facility or detention facility; (2) “Correctional facility” means a confinemen facility at a prison operated by the Department of Correcions for the incarceration of convicted inmates; (3) “Detention Facility” means a facility operated by the Department of Corrections for confinement of pretrial inmates, a facility operated by the Department of Youth Affairs for the confinement of juvenile offenders, a jail operated by the Guam Police Department for the confinement of persons arrested and/or are under criminal investigation, or a jail or similar holding facility for inmates and detainees operated by the Judiciary of Guam or other law enforcement entity of the government of Guam. (4) “Unmanned Aircraft” means an unmanned aerial vehicle (UAV) or unmanned aircraft system (UAS), which can be flown, remotely-controlled, or fly autonomously through software-controlled flight plans in their embedded systems, working in conjunction with onboard sensors and GPS. (b) Unlawful Use of Unmanned Aircraft. A person commits an offense of unlawful use of an unmanned aircraft, if the person intentionally or knowingly: (1) operates an unmanned aircraft over a correctional facility or detention facility and the unmanned aircraft in not higher than 400 feet above ground level; (2) allows an unmanned aircraft to make contact with a correctional facility or detention faciliy, including any person or object on the premises of or within the facility; or
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(3) allows an unmanned aircraft to come within a distance of a correctional facility of or within the facility that is close enough to interfere with the operations of or cause a disturbance to the faciliy. (c) Exemptions. This section does not apply to conduct described by subsection (b) that is committed by: (1) the Federal government or the government of Guam; (2) a person under contract with or otherwise acting under the direction or on behalf of the Federal government or the government of Guam; (3) a person who has the prior written consen of the correctional facility or detention facility; (4) a law enforcement agency recognized in the Peace Officer Standard and Training statute, 17 GCA Chapter 51; or (5) a person who has the prior written consent of the law enforcement agency authorized by this section. (d) Offense Remedies. Whoever commits an offense of unlawful use of an unmanned aircraft as provided in this section is guilty of a misdemeanor and shall be fined an amount of not less than One Thousand Dollars ($1,000), which shall be deposited into the Corrections Revolving Fund for expenditures authorized by 9 GCA § 90.49, or imposed for not more than six (6) months, except that the offense is: (1) a felony if the actor has previously been convicted under this section; or (2) a felony if, during the commission of the offense, the actor used the unmanned aircraft to: (A) provide contraband to a person in custody of the correctional facility or detention facility; or (B) otherwise introduces contraband into the correcional facility or detenion facility. SOURCE: Added by P.L. 38-128:2 (June 3, 2026). ----------
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