Title 9, Crimes and Corrections

(a) Phishing. For the purposes of this Article 4, an individual or entity is guilty of phishing if, with intent to defraud or injure an individual, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone: (1) the actor makes any communication under…

No internet registrar or internet service provider may be held liable under any provision of the laws of Guam for removing or disabling access to an internet domain name controlled or operated by such registrar or by such provider, or to content that resides on an internet websit…

(a) A person who violates this Act is guilty of a third degree felony, and is subject to a fine not to exceed Five Thousand Dollars ($5,000), or imprisonment not to exceed five (5) years, or both. (b) The following persons may bring a civil action against a person who violates th…

This Act shall apply to the discovery of a phishing or pharming incident that occurs on or after the effective date of this Act. This Act does not apply to a telecommunications provider’s or internet service provider’s good faith transmission or routing of, or intermediate tempor…

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or application of this Act which can be given effect without the invalid provisions or application, and to th…

This Act shall take effect one hundred twenty (120) days after the date of enactment. SOURCE: Added as § 46.407 by P.L. 32-173:1 (July 9, 2014). Codified to this section by the Compiler pursuant to 1 GCA § 1606. ARTICLE 5 COMPUTER PROTECTION ACT SOURCE: Article 5 added by P.L. 32…

(a) A person commits a misdemeanor if he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty or fidelity to which he is subject as: (1) agent or employee of another; (2) trustee, guardian, or other fiduciary; (3…

(a) A person commits a misdemeanor if, with intent to prevent a publicly exhibited contest from being conducted in accordance with the rules and usages purporting to govern it, he: (1) confers or offers or agrees to confer any benefit upon, or threatens any injury to a participan…

It is the intent of I Liheslaturan Guåhan to prohibit a person from using specified protected computers to relay or retransmit commercial electronic mail messages with the intent to deceive or mislead recipients, or an electronic mail service provider under specified circumstance…

In this Act, the following words have the meanings indicated: (a) commercial electronic mail message means an electronic message sent primarily for the purpose of commercial advertisement or promotion of: (1) a commercial product; (2) a commercial service; (3) the content on an I…

A person may not conspire to or knowingly: (a) use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message; (b) mate…

(a) A person who violates § 46.503 (a), (b), (c), (d) or (e) is guilty of a third degree felony, and upon conviction is subject to imprisonment not to exceed three (3) years or a fine not to exceed Five Thousand Dollars ($5,000), or both. (b) A person who violates § 46.503 (a), (…

In addition to any other sentence authorized by law, the court may direct that a person convicted of a violation of § 46.503 forfeit to the government of Guam: (a) any moneys and other income, including all proceeds earned but not yet received by a defendant from a third party as…

(a) An action brought under this Subsection shall be commenced within two (2) years after the commission of the act. (b) The Attorney General may institute a civil action against a person who violates § 46.503 to recover a civil penalty not to exceed: (1) $25,000 per day of viola…

Nothing in this Act shall be construed to have any effect on the lawfulness of the adoption, implementation, or enforcement by an electronic mail service provider of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages under …

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or application of this Act which can be given effect without the invalid provisions or application, and to th…

(a) A person commits an offense, he: (1) destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with intent to defeat enforcement of that security interest; (2) sells, assigns, exchanges, secretes, injures, destroys or ot…

(a) A person commits a misdemeanor, if, with intent to defraud a creditor and with knowledge either that proceedings have been or are about to be instituted for the appointment of an administrator or that a composition agreement or other arrangement for the benefit of creditors h…

This Act may be cited as the “Computer Spyware Protection Act.”

I Liheslaturan Guåhan finds that spyware is a problem that adversely affects nearly every computer connected to the internet. Spyware is a catch-all term for computer programs that can track computer users’ movements online. There are hundreds of programs that range from innocuou…

(a) Cause to be copied means to distribute or transfer computer software, or any component thereof. Such term shall not include providing: (1) a transmission, routing, provision of intermediate temporary storage, or caching of software; (2) a storage or hosting medium, such as a …

It is unlawful for a person who is not an owner or operator of a computer to cause computer software to be copied on such computer knowingly or with conscious avoidance of actual knowledge or willfully, and to use such software to do any of the following: (a) modify, through inte…

It is unlawful for a person who is not an owner or operator of a computer to do any of the following with regard to the computer: (a) induce an owner or operator to install a computer software component onto the owner’s or the operator’s computer by intentionally misrepresenting …

Sections 46.604 and 46.605 shall not apply to the monitoring of, or interaction with, an owner’s or an operator’s internet or other network connection, service, or computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of in…

(a) The Attorney General, an internet service provider or software company that expends resources in good faith assisting authorized users harmed by a violation of this Article, or a trademark owner whose mark is used to deceive authorized users in violation of this Article, may …

(a) No provider of computer software or of an interactive computer service may be held liable for identifying, naming, removing, disabling, or otherwise affecting a computer program through any action voluntarily undertaken, or service provided, where the provider: (1) intends to…

(a) As used in this Section, financial institution means a bank, insurance company, credit union, building and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. (b) An offi…

(a) A person commits an offense if he applies or disposes of property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner…

Punished. A person commits a misdemeanor or if by deception he causes another to execute any instrument affecting or likely to affect the pecuniary interest of any person. SOURCE: *M.P.C. § 224.14; N.J. 2C:2-116. CROSS-REFERENCES: § 52.30 - Unsworn Falsification; § 55.25 - False …

(a) A person commits an offense when that person: (1) impersonates another or assumes a false identity and does an act in such assumed character or false identity to obtain a benefit for oneself or another, or to injure or defraud another; (2) pretends to be a representative of s…

A person commits a felony if he or she knowingly destroys, removes or conceals, or attempts to destroy, remove or conceal, any Vehicle Identification Number (VIN) or other vehicle identifiers with intent to deceive or injure anyone or to conceal any wrongdoing including littering…

As used in this Section: (a) Caller Identification Record means a record that is delivered electronically to the recipient of a telephone call simultaneously with the reception of the telephone call and that indicates the telephone number from which the telephone call was initiat…

No person may do any of the following: (a) Obtain, attempt to obtain or conspire with another to obtain a telephone record that pertains to a customer who is a resident of Guam, without the customer’s consent by doing any of the following: (1) Making a false or deceptive statemen…

(a) A person who violates this Section is guilty of a third degree felony, a fine not to exceed Ten Thousand Dollars ($10,000) or imprisonment not to exceed three (3) years or both, if the violation involves one (1) telephone record. (b) A person who violates this Section is guil…

(a) In addition to the penalties authorized under § 46.92, a person who violates this Section may be required to forfeit personal property used or intended to be used in the violation. (b) In an action to enforce this Section, the court shall award to a person who is the subject …

This Section does not apply to any of the following: (a) Action by a law enforcement agency in connection with the official duties of the law enforcement agency. (b) A disclosure by a telephone service provider, if any, of the following applies: (1) The telephone service provider…

For purposes of the Trademark Counterfeiting Act, (a) the term ‘registered mark’ means: (1) a trademark or trade name registered in the United States and Trademark Office, or in any State, Commonwealth or Territory of the United States, or registered in Guam pursuant to §20401 et…

Whoever intentionally and knowingly reproduces, counterfeits, copies, or colorably imitates a registered mark and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements, to be specifically u…

Whoever intentionally and knowingly transports, transfers, or otherwise disposes of counterfeit goods to another, in consideration for anything of value, or makes or obtains control of counterfeit goods with intent to transport, transfer, or dispose of such goods, shall be guilty…

A person is guilty of aiding or abetting the trafficking of counterfeit goods who: (a) solicits a person to purchase counterfeit goods; or (b) knowingly and for the purpose of trafficking of counterfeit goods, transports any person into, out of or within Guam, or who procures or …

All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act, (15 U.S.C. §1051 et seq.), shall be applicable in a prosecution under this Chapter. SOURCE: Added by P.L. 27-72:3.

(a) Except as otherwise provided in this Chapter, any goods to which a forged or counterfeit trademark or service mark is attached or affixed, or any tools or other reproduction materials for the reproduction of any specific forged or counterfeit trademark or service mark, which …

In addition to any punishment ordered under §§ 47.20, 47.30 and 47.40, the Court shall order any person found in violation of this Chapter to make restitution to the government of Guam or to the Customs and Quarantine Agency, as the case may be, for the cost of storage and destru…

No owner, officer, employee, or agent who provides, rents, leases, licenses, or sells real property upon which a violation of § 47.20 or § 47.30 occurs, and who is charged with a violation of § 47.40, shall be subject to criminal penalty under this Chapter unless he or she is pro…

I Liheslaturan Guåhan finds that both public and private entities on Guam have a duty to safeguard personal information that, if stolen or publicized, may result in crimes such as fraud and identity theft. The anonymity of the global internet, that transcends the borders of sover…

As used in this Chapter: (a) Breach of the security of a system means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of …