Guam § 28 - Illegal Use of a Computer or Telecommunications

§ 28. Illegal Use of a Computer or Telecommunications

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.

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(a) Definitions. As used in this Section:

(1) Cellular telephone equipment or equipment means

a wireless telephone handset used in conjunction with

wireless telephone service.

(2) Wireless telephone service means commercial

mobile radio service, as defined in Subsection (d) of Section

332 of the Communications Act of 1934 (47 U.S.C. s.332).

(3) Sexting is defined in § 28.100 (a) of Title 9, Guam

Code Annotated.

(4) Store or other retail mercantile establishment or

store means a place where merchandise is displayed, held,

stored or sold or offered to the public for sale on Guam.

(b) It shall be an unlawful practice for any store or other

retail mercantile establishment to sell cellular telephone

equipment to an individual, or to sell a contract for cellular

telephone equipment service to an individual, or to renew a

contract for cellular telephone equipment service with an

individual, unless the store encloses an informational brochure

with such equipment or contract that informs the individual

about the dangers of the practice known as sexting.

(1) The informational brochure required pursuant to

this Subsection (b) shall include, but not be limited to, an

explanation of the types of criminal penalties that may be

imposed on an individual who engages in sexting, as well as

a list of the names, telephone numbers, and addresses of

agencies qualified and available to answer questions related

to sexting, such as the Office of the Attorney General,

Consumer Protection Division, or any other government or

nonprofit organizations that is dedicated to educating

communities about safety and self-responsibility when

usmg cellular telephone equipment.

(2) The Office of the Attorney General, Consumer

Protection Division, the Guam Police Department, and the

Department of Revenue and Taxation shall notify all stores

that sell cellular telephone equipment or cellular telephone

equipment service contracts, of the requirements of this Act

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by advertising in local newspapers of general circulation on

Guam, and shall prepare an information brochure on sexting

and make copies available to all such stores.

(3) The Office of the Attorney General shall annually

report to I Liheslatura on the effectiveness of the brochure

preparation and distribution required by this Subsection.

(c) The owners of any store or other retail mercantile

establishment which violates Subsection (b) shall be subject to a

penalty not to exceed One Thousand Dollars ($1,000.00) per

each violation, and if applicable be subject to the sentence

imposed for corporations under § 80.16 of Title 9 G.C.A.