Guam § 25 - Second Degree Criminal Sexual Conduct.

§ 25. Second Degree Criminal Sexual Conduct.

(a) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual

contact with another person and if any of the following circumstances exists:

(1) that other person is under fourteen (14) years of age;

(2) the victim is at least fourteen (14) but less than sixteen (16) years of age and any of the

following circumstances exist:

(A) the actor is a member of the same household as the victim;

(B) the actor is related to the victim by blood, adoption or affinity to the fourth degree to the

victim; or

(C) the actor is in a position of authority over the victim and used this authority to coerce the

victim to submit;

(D) the actor is a teacher, substitute teacher, intern/student teacher or administrator of the

public school, nonpublic school, school district, in which that other person is enrolled;

(E) the actor is an employee or a contractual service provider of the public school, nonpublic

school, school district, in which that other person is enrolled, or is a volunteer who is not a student

in any public school or nonpublic school, or is an employee of the government of Guam or

government of the United States assigned to provide any service to that public school, nonpublic

school, school district, and the actor uses his or her employee, contractual, or volunteer status to

gain access to, or to establish a relationship with, that other person;

(F) the actor is an employee, contractual service provider, or volunteer of a child care facility,

or a person licensed or lawfully authorized to operate a foster care facility or home or a foster

care group home in which that other person is a resident, and the sexual penetration occurs during

the period of that other person’s residency;

(G) the actor is an employee, contractual service provider, or volunteer of a social services

organization, victims’ advocacy organization, youth correctional or detention facility, drug

treatment facility or medical, psychiatric or psychological treatment facility and the sexual

penetration occurs during the period of that other person’s residency; or

(H) the actor is in a dating relationship with a member of the victim’s household.

(3) sexual contact occurs under circumstances involving the commission of any other felony;

(4) the actor is aided or abetted by one or more other persons and either of the following

circumstances exists:

(A) the actor knows or has reason to know that the victim is mentally impaired, mentally

incapacitated, or physically helpless; or

(B) the actor uses force or coercion to accomplish the sexual contact.

(5) the actor is armed with a weapon or any article used or fashioned in a manner to lead a person

to reasonably believe it to be a weapon;

(6) the actor causes personal injury to the victim and force or coercion is used to accomplish the

sexual contact; and

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(7) the actor causes personal injury to the victim and the actor knows or has reason to know that

the victim is mentally impaired, mentally incapacitated, or physically helpless.

(b) Criminal sexual conduct in the second degree is a felony in the first degree. Any person convicted

of criminal sexual conduct under § 25.20(a) shall be sentenced to a minimum of five (5) years to a maximum

of fifteen (15) years imprisonment without the possibility of parole if the victim is twelve (12) years of age

or older at the time that the crime was committed; or a minimum of ten (10) years to a maximum of twenty

(20) years imprisonment if the victim is under the age of twelve (12) years old at the time that the crime

was committed. The term imposed shall not be suspended, as indicated in § 80.60 of Article 4, Chapter 80,

Title 9 GCA; nor probation be imposed in lieu of said minimum term; nor shall work release or educational

programs outside the confines of prison be granted; nor shall parole be granted; nor shall the provisions

under § 80.31 of Article 2, Chapter 80, Title 9 GCA apply. Any such sentence shall include a special parole

term of not less than life with mandatory lifetime monitoring by the Parole Office, in addition to such time

of imprisonment.

(c) Any person convicted of criminal sexual conduct under § 25.20(a) subsequent to a first conviction

of criminal sexual conduct under Guam law or a conviction of a sex offense from another jurisdiction that

has an element that would constitute sexual contact or sexual penetration as defined in § 25.10 shall be

sentenced to a minimum of fifteen (15) years imprisonment and may be sentenced to life imprisonment

without the possibility of parole. Said term shall not be suspended; nor probation be imposed in lieu of said

term, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall parole, work release or

educational programs outside the confines of prison be granted.