Title 9 — Crimes and Corrections

(a) Commercial sex acts means any sex act on account of which anything of value is given, promised to, or received, or exchanged, directly or indirectly, by any person. (b) Debt coercion means exploitation of the status or condition of a debtor arising from a pledge by the debtor…

(a) Trafficking in Persons. Any person who knowingly: (1) recruits, entices, solicits, isolates, harbors, transports, provides, or obtains by any means or attempts to recruit, entice, solicit, isolate, harbor, transport, provide, or obtain by any means, another person, knowing th…

(a) In any prosecution of a person who is a victim of trafficking in persons, it shall be an affirmative defense that he or she was under duress or coerced into committing the offenses for which he or she is being subject to prosecution. (b) A victim of trafficking in persons is …

Evidence of the following facts or conditions shall not constitute a defense in a prosecution for violations of this article, nor shall such evidence preclude a finding of a violation: (a) a trafficking victim’s sexual history or history of commercial sexual activity, including a…

(a) Any business entity, including a corporation, partnership, association, government body, municipal corporation or any other legal entity, that aids or participates in any crime defined in section 26.02 of this article shall be criminally liable for the offense and shall be su…

(a) A person convicted of violations of this article shall be ordered to pay mandatory restitution to the victim as provided in paragraph (c) of this section. (b) Restitution under this section shall include items covered by existing Guam statutes governing victim restitution and…

(a) All offenses under this section shall qualify as offenses for forfeiture and thereby subject to the provisions of statute(s) governing forfeiture according to existing Guam law. (b) Overseas assets of persons convicted of trafficking in persons shall also be subject to forfei…

(a) An action for trafficking in persons where the victim is not a minor shall be brought within applicable Guam territorial statutes of limitations for sex offenses or kidnapping from the date the victim escaped or was freed or arrested by authorities from the trafficking situat…

(a) Sentencing considerations in cases involving criminal sexual conduct, serious bodily injury, or death. If a violation of this article involves kidnapping or an attempt to kidnap, criminal sexual conduct, or an attempt to commit homicide, or if a homicide results, the defendan…

(a) An inter-agency task force to develop and implement a Guam Plan for the Prevention of Trafficking in Persons. Such a task force shall meet at least annually and should include all aspects of trafficking, including sex trafficking and labor trafficking of both U.S. citizens an…

(a) The government of Guam shall, in cooperation with other appropriate authorities, collect and periodically publish statistical data on trafficking. (b) The government of Guam shall elicit the cooperation and assistance of other government agencies, non-governmental organizatio…

(a) The government of Guam shall provide mandatory training for law enforcement agencies, prosecutors, and other relevant officials in addressing trafficking in persons. (b) Such training shall focus on: (1) the new crimes and other provisions created by this article; (2) methods…

(a) The government of Guam, in cooperation with appropriate non-governmental organizations shall prepare public awareness programs designed to educate potential victims of trafficking in persons and their families on the risks of victimization. Such public awareness programs shal…

For each initiative for the prevention of trafficking, including but not limited to those listed above (territorial task force; data collection and dissemination; training; and public awareness), the government of Guam shall seek out and enlist the cooperation and assistance of n…

(a) Victims of human trafficking shall have the same rights as either victims of a crime, including the right to receive victim compensation. (b) Victims of human trafficking shall also be entitled to basic information, including but not limited to information on their legal righ…

(a) An individual who is a victim of trafficking may bring a civil action in the appropriate court. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorn…

(a) Standards for working conditions specified by Guam Code Annotated Labor laws shall apply equally to persons with or without the legal right to work in the United States. (b) The government of Guam shall investigate complaints of unlawful working conditions without regard to t…

Investigative, prosecutorial, and other appropriate authorities shall interview all persons arrested on charges of prostitution, and take all other steps necessary to identify victims of trafficking in persons, including U.S. citizens and foreign nationals. Once victims are ident…

Compensation Fund. Victims of trafficking in persons are entitled to forms of compensation under the Guam Territorial Crime Victims' Compensation Fund.

In a prosecution for violations of the criminal provisions of this article, the identity of the victim and the victim’s family should be kept confidential by ensuring that names and identifying information of the victim and victim’s family are not released to the public, includin…

(a) The government of Guam shall inform victims of trafficking in persons, in a language they can understand, of their legal rights and the progress of relevant court and administrative proceedings, as appropriate, including but not limited to progress in the prosecution of the c…

Concerns. The government of Guam shall provide an opportunity to a victim of trafficking in persons, if the victim desires it, to present the victim’s views and concerns at appropriate stages of criminal proceedings against traffickers, in a manner not prejudicial to the rights o…

(a) Within 180 days of the enactment of this legislation, the government of Guam shall develop plans, in consultation with non-governmental organizations and other elements of civil society, for the provision of appropriate services, from governmental and non-governmental sources…

The provisions of this article shall be provided to trafficking victims who are minors in a manner that is in the minor’s best interests and appropriate to their situation. Minor trafficking victims shall be provided with appropriate services, which may include an explanation of …

(a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a human trafficking caseworker if the privilege is claimed by any of the following pe…

Shelters. (a) Any person who maliciously or with criminal negligence publishes, disseminates, or otherwise discloses the location of any trafficking victim, any trafficking shelter or domestic violence shelter or any place designated as a trafficking shelter or domestic violence …