Title 9 — Crimes and Corrections

(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 …

Definitions. (a) A person who engages in, or agrees to engage in, or offers to engage in, sexual penetration or sexual contact or in any sexual conduct or act with another person in return for a fee or in consideration of a pecuniary benefit commits the crime of prostitution. It …

Device to Disseminate Prohibited Materials Involving a Minor- Sexting; Crime Defined and Punished. (a) A minor is guilty of an offense of Illegal Use of a Computer Telecommunications Device Involving a Minor, otherwise known as Sexting, if the minor, by use of a computer or any t…

Device to Disseminate Prohibited Materials Involving a Minor- Sexting; Mandatory Distribution of Information Brochure about Sexting by Retail Stores Who Sell Cellular Telephone Equipment or Cellular Telephone Equipment Service Contracts. (a) Definitions. As used in this Section: …

Definitions; and Penalties. (a) It is unlawful for a person to intentionally disclose, or intentionally cause another person to disclose, including disclosing by electronic means, an image of another person who is identifiable from the image itself or from information displayed i…

Prostitution. (a) For the purposes of this section, public place means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or …

(a) A person is guilty of promoting prostitution who: (1) owns, controls, manages, supervises or otherwise keeps, alone or in association with others, a place of prostitution or a prostitution enterprise; or (2) knowingly solicits, induces or causes a person to commit or engage i…

(a) A person is guilty of abetting prostitution who: (1) solicits a person to patronize a prostitute; or (2) procures a prostitute for himself, herself or another person; or (3) knowingly and for the purpose of prostitution, transports any person into, out of or within Guam, or w…

(a) A person is guilty of compelling prostitution who: (1) by force, threat or duress compels another to engage in, promote or abet prostitution; or (2) causes or aids a person under the age of eighteen (18) to commit or engage in, promote or abet prostitution; or (3) causes or a…

On the issue whether a premise is a place of prostitution, its general repute and the repute of the persons who reside in or frequent the place shall be admissible evidence. NOTE: The amendments made by P.L. 22-158 to this Article take effect 90 days following December 30, 1994. …

As used in this Article: (a) Material means any picture, drawing, photograph, motion picture or pictorial representation, or any statue or other figure, or any mechanical, chemical or electrical reproduction, or anything which is or may be used as a means of communication (other …

[Repealed.] SOURCE: CF. G.P.C. § 311; M.P.C. § 251.4(1); Cal. § 1750 (T.D. 2 1968); *Cal. § 962, 970 (1971); Mass. Ch. 272, § 6. Repealed by P.L. 16-84.

Every person who knowingly sends or causes to be sent, or who in Guam possesses, prepares, publishes, shows, prints or who offers to distribute, distributes or exhibits to another any obscene material, when such act or acts are public or for commercial gain, is guilty of a misdem…

Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits any obscene performance which is public or for commercial gain is guilty of a misdemeanor. SOURCE: G.P.C. § 311(2-7); M.P.C. § 251 4(2); *Cal. § 1751 (T.D.2 1968); Cal. §§ 964…

A person is guilty of a felony of the third degree if he knowingly or recklessly employs or uses a minor under the age of sixteen (16) years to do or assist in doing any of the acts described in §§ 28.49 or 28.50 of this Chapter. SOURCE: Added by P.L. 16-84.

A person is guilty of a felony of the first degree if while having custody or control of any child under the age of sixteen (16) years, he shall knowingly permit that child to be used in or be a party to any material or performance that is obscene. SOURCE: Added by P.L. 16-84.

It shall be an affirmative defense in a prosecution under this Article for the defendant to show: (a) That the distribution was made to the recipient by a bona fide school, museum or public library or by an employee of such organization acting in the course of his employment or o…

When the conviction of any person for the commission of any offense defined in § 28.50 becomes final, copies of any obscene material described in the indictment, information or complaint or admitted in evidence which were taken from the possession of the defendant and which are i…

(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, i…

Video Voyeurism; Penalty; Definitions. (a) A person commits a misdemeanor if, except in the execution of a public duty or as authorized by law, the person intentionally or knowingly: (1) trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveil…

(a) It is unlawful for any telephone subscriber to sell, offer for sale, or transmit over telephone lines any obscene material or message. (b) Any person in violation of this section is guilty of a misdemeanor. SOURCE: Added by P.L. 20-167:1 (May 11, 1990) as § 70.40.1. Renumbere…

Prohibited; Penalty. (a) For purposes of this section and of § 28.71 of this Title 9, the term “obscene” shall mean that: (1) The average person, applying contemporary community standards would find that the communication, taken as a whole, appeals to the prurient interest; and (…

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: Adde…

Communications by Computer; Defined and Punished. (a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer to: (1) make contact via the internet with another without disclosing his or her identity with the intent to harass or abuse; …

As used in this Chapter: (a) “Family violence” means the occurrence of one (1) or more of the following acts by a family or household member, but does not include acts of self-defense or defense of others: (1) Attempting to cause or causing bodily injury to another family or hous…

(a) Law enforcement agencies shall maintain a complete and systematic record of all protection orders with respect to family violence incidents, including orders which have not yet been served, restraining orders, and proofs of service in effect. This shall be used to inform law …

(a) Any person who intentionally, knowingly, or recklessly commits an act of family violence, as defined in § 30.10 of this Chapter, is guilty of a misdemeanor, or of a third degree felony, and shall be sentenced as follows: (1) for the first offense, the court shall impose a sen…

Involving Family Violence, to be Known and Cited as the “Family Violence Registry Act.” (a) The Office of the Attorney General, with the mandatory cooperation of law enforcement agencies, shall maintain a computerized registry database containing information regarding persons who…

(a) Should a person, charged with a crime involving family violence or a violation of a court order, be released, the court may impose the following conditions of release: (1) an order enjoining the person from threatening to commit or committing acts of family violence against t…

Determination of Primary Aggressor; Required Report. (a) If a peace officer has reasonable cause to believe that a person has committed a felony or misdemeanor involving family violence, the peace officer shall presume that arresting and charging the person is the appropriate res…

(a) Any person commits the crime of interfering with the reporting of family violence if the person: (1) commits an act of family violence, as defined in § 30.10 of this Chapter; and (2) intentionally, knowingly, or recklessly prevents or attempts to prevent the victim of or a wi…

When a peace officer makes an arrest for family violence the arrestee shall be confined until the magistrate’s hearing, unless released earlier by the Office of the Attorney General. SOURCE: Added by P.L. 24-239:6 (Aug. 14, 1998). COL 2024-12-05

(a) Peace officers shall respond to every request for assistance or protection, from or on behalf of a victim of alleged family violence, whether or not an order has been issued against the alleged abuser. (b) A high priority shall be assigned to calls involving alleged incidents…

Law enforcement agencies and peace officers shall not be liable for personal injury or property damage which occurs in the course of any good-faith effort to protect a victim of family violence, including, but not limited to, action taken during the course of an arrest, an attemp…

(a) Any knowing violation of any of the following court orders shall be a misdemeanor punishable by imprisonment of no less than forty-eight (48) hours and not more than one (1) year, and by a fine of not more than One Thousand Dollars ($1,000): (1) an order enjoining a person fr…

(a) For purposes of this Section: (1) “Abuser” means an individual who has committed or allegedly committed an act or conduct described in Subsections (a)(2), (3) and (4) of this Section; (2) “Family violence” means any act or conduct described in 9 GCA § 30.10(a); (3) “Sexual as…

For a crime involving family violence, a peace officer: (a) Shall, incident to an arrest, seize all weapons that are alleged to have been involved or threatened to be used in the commission of a crime. (b) May seize a weapon that is in the plain view of the officer or was discove…