Guam § 28 - Unlawful Distribution of Images; Exceptions;

§ 28. Unlawful Distribution of Images; Exceptions;

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 in connection with the image, or otherwise engaging in

revenge pornography, if all of the following apply:

(1) the person in the image is depicted in a state of

nudity or is engaged in sexual contact;

(2) the depicted person has a reasonable expectation

of privacy. Evidence that a person has sent an image to

another person, including through the use of an electronic

device, does not, on its own, remove the person's reasonable

expectation of privacy for that image; and

(3) the image is disclosed with the intent to harm,

harass, intimidate, threaten, or coerce the depicted person.

(b) This Section shall not apply to any of the following:

(1) lawful and common practices of law enforcement;

(2) reporting unlawful activity, or when permitted or

required by law or rule in legal proceedings;

(3) lawful and common practices of medical

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treatment;

(4) images involving voluntary exposure in a public

or commercial setting;

(5) an interactive computer service, as defined in 47

U.S.C. § 230(f)(2), or an information service, as defined in

47 U.S.C. § 153, with regard to content provided by another

person; or

(6) any disclosure that is made with the consent of the

person who is depicted in the image.

(c) For this Section’s purposes:

(1) Disclose means display, distribute, publish,

advertise, or offer.

(2) Disclosing by electronic means means delivery to

an e-mail address, mobile device, tablet, other electronic

device, or disclosure on a website.

(3) Harm means physical injury, financial injury, or

serious emotional distress.

(4) Image means a photograph, videotape, film, or

digital recording.

(5) State of nudity means exposure of the naked

genitals, pubic area, buttocks, or female nipple.

(6) Sexual contact means sexual intercourse,

including genital-genital, oral-genital, anal-genital, or oral-

anal, whether between persons of the same or opposite sex.

(7) Reasonable expectation of privacy means the

person exhibits an actual expectation of privacy and the

expectation is reasonable.

(d) Notwithstanding any law to the contrary, any

individual convicted under this § 28.102 shall be sentenced as

follows: (1) a person convicted of a first offense under this §

28.102 shall be guilty of a misdemeanor and, upon conviction

thereof, shall be fined not more than One Thousand Dollars

($1,000) or imprisoned for not more than one (1) year, or both;

and (2) a person convicted of a second offense and any offense

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thereafter under this § 28.102 shall be guilty of a third degree

felony.