Guam § 16911 - (5) or outlined in § 89.01(b), (c) or (d) of this

§ 16911. (5) or outlined in § 89.01(b), (c) or (d) of this

Chapter.

(6) Foreign Offenses. Any foreign convictions

wherein the registrant was convicted of any of the sex

offenses specified in § 89.01(b), (c) or (d) of this

Chapter, or any other similar laws of any foreign

country. A foreign conviction is not a sex offense for

the purposes of this Chapter, unless it was either: (1)

obtained under the laws of Canada, the United

Kingdom, Australia, New Zealand; or (2) under the

laws of any foreign country when the United States

State Department in its Country Reports on Human

Rights Practices has concluded that an independent

judiciary generally or vigorously enforced the right to a

fair trial in that country during the year in which the

conviction occurred.

(7) Juvenile Offenses or Adjudications. Any

conviction of a sex offense as defined in § 89.01(g)(2).

(8) Exemptions to Registry Requirements. An

offense involving consensual sexual conduct is not a

sex offense for the purposes of this Chapter if the

victim was an adult, unless the adult was under the

custodial authority of the offender at the time of the

offense, or if the victim was at least thirteen (13) years

old, and the offender was not more than four (4) years

older than the victim.

(e) The terms sexual penetration and sexual contact

have the same meaning as sexual penetration and sexual

contact in Chapter 25 of Title 9 of the Guam Code

Annotated.

(f) The term sex offender refers to persons convicted of

a sex offense as defined in § 89.01(d).

COL1/24/2020

9 GCA CRIMES & CORRECTIONS

(g) Conviction.

(1) Adult Conviction. The term conviction refers

to each separate charge to which the offender either

voluntarily pleads guilty and such guilty plea has been

accepted by the Court, whether in a single hearing or in

separate hearings, or is found guilty by a trier of fact,

whether the charges are contained in one (1)

indictment, or separate indictments. This term includes

convictions based on pleas of nolo contendere and

guilty pleas entered pursuant to North Carolina v.

Alford, 400 U.S. 25 (1970). An adult sex offender is

“convicted” for the purposes of this Chapter if the sex

offender has been sentenced by the court.

(2) Juvenile Conviction. A juvenile offender is

“convicted” for the purposes of this Chapter if the

juvenile offender is either:

(A) prosecuted and found guilty as an adult

for any sex offense, including those juveniles

convicted through the certification process in Title

19, Guam Code Annotated, § 5106; or

(B) is adjudicated delinquent as a juvenile for

a sex offense, but only if the juvenile is at least

fourteen (14) years of age at the time of the

offense, and the sex offense adjudicated was one

that is comparable to or more severe than the

federal crime of “aggravated sexual abuse” (as

described in either (a) and (b) of Section 2241 of

Title 18 of the U.S.C.), or was an attempt or

conspiracy to commit such an offense, which is

noted in Title 9 GCA § 25.15, Subsections (a) (4)

(i) or (ii), (a)(5), (a)(6), and (a)(7); and Title 9

GCA § 25.20 (a)(4) (i) or (ii), (a)(5), (a)(6), and

(a)(7).

(C) Any juvenile sex offender who meets

the definitions under § 89.01(g)(2) of this Act

shall be required to follow all registration

requirements under this Act, and all other Sex

COL1/24/2020

9 GCA CRIMES & CORRECTIONS

Offender Registration and Notification Act

(SORNA) registration requirements shall apply,

including public website disclosure in the Sex

Offender Registry.

(i) Exemption Permitted. The only

exception made for this Section is that

juvenile sex offenders who are adjudicated in

the Family Court, and who meet the

definition under § 89.01(g)(2)(B), shall be

exempted from the public website disclosure,

and shall be placed on a private, non-public

database, wherein such registration

information will only be made available to

the National Sex Offender Registry (NSOR)

to be placed in the national (non-public)

databases of sex offender information, to law

enforcement and supervision agencies, and to

registration authorities in other jurisdictions.

(3) Foreign Conviction. A foreign conviction is

one obtained outside of the United States.

(h) Intimate Parts. For the purposes of this Chapter,

the term intimate parts is defined to include the primary

genital area, groin, inner thigh, buttock or breast of a human

being.

(i) The terms employed and carries on a vocation

include employment that is full-time or part-time for a

period of time exceeding fourteen (14) days, or an aggregate

period of time exceeding thirty (30) days during any

calendar year, whether financially compensated, on a

volunteer basis or for the purpose of government or

educational benefit.

(j) Employee. The term employee when used in this

Chapter includes, but is not limited to, an individual who is

self-employed or works for any other entity, regardless of

compensation. Volunteers of any agency or organization

are included with the definition of employee for registration

purposes.

COL1/24/2020

9 GCA CRIMES & CORRECTIONS

(k) The term student when used in this Chapter, and

when referring to any sex offender who is required to

register under this Act, means an individual who is enrolled

in or attends either a private or public education institution,

including a secondary school, trade or professional school,

or an institution of higher education, including those who

are currently enrolled in the school or institution, but are

performing internship, externships or apprentices at an

agency or organization under the supervision of a school

program.

(l) The term institution of higher education means post

secondary school.

(m) The term law enforcement agency means any so

designated agency on Guam, including, but not limited to,

the Guam Police Department, the Jose D. Leon Guerrero

Commercial Port Police, the Parole Services Division of the

Department of Corrections, the Judiciary of Guam,

Probation Division, the U.S. Probation Office, the U.S.

Marshal Service, the Conservation Office of the Department

of Agriculture, the A. B. Won Pat International Airport

Authority Police, the Office of the Attorney General –

Prosecution and Family Divisions, the Judiciary of Guam

Marshals Division, the Air Force Office of Special

Investigations, the Naval Criminal Investigation Section, the

Coast Guard Criminal Investigation Section, the United

States Army Criminal Investigation Division, and other

criminal investigators of the United States Government.

As Guam does not have a recognized law enforcement

Campus Police in Guam’s institutions of higher education,

the Guam Police Department is the recognized law

enforcement agency with jurisdiction over Guam’s

institutions of higher education.

(n) The term court means the Superior Court of Guam,

Judiciary of Guam, District Court of Guam, or Island Court

of Guam.

(o) The term community refers to the entire territorial

boundaries of Guam.

COL1/24/2020

9 GCA CRIMES & CORRECTIONS

(p) The term registrant refers to persons required to

register under this Chapter, and is used interchangeably

throughout this Chapter with the word “sex offender”.

(q) The term change in enrollment or employment

status means the commencement or termination of

enrollment or employment or a change in location of

enrollment or employment.

(r) The term resides means, with respect to an

individual, the location of the individual’s home or any

other place where the individual habitually lives or sleeps

regardless of whether there is no fixed home or address in

the jurisdiction, so long as the individual lived in the

jurisdiction for at least thirty (30) days.

(s) For the purposes of this Chapter, a “resident”

includes any individual who either resides within Guam or

who otherwise owns any real property within Guam in fee

or trust regardless of its location on Guam, who is employed

within Guam or employed by a corporation or organization

whose primary business address is on Guam, or who is a

student or attends an educational program within Guam, or

who files their yearly income taxes on Guam.

(t) The term jurisdiction refers to any of the following:

(1) a State;

(2) the District of Columbia;

(3) the Commonwealth of Puerto Rico;

(4) Guam;

(5) American Samoa;

(6) the Commonwealth of the Northern Mariana

Islands;

(7) the United States Virgin Islands; and

(8) to the extent provided and subject to the

requirements of 42 U.S.C. § 16927, a federally

recognized Indian tribe.

COL1/24/2020

9 GCA CRIMES & CORRECTIONS

(u) Immediate. The term immediate or immediately

when used in this Chapter means within three (3) working

days.

(v) Imprisonment. The term imprisonment or

imprisoned refers to incarceration pursuant to a conviction

regardless of the nature of the institution in which the

offender serves the sentence. Sex Offenders under “house

arrest” following any conviction for any offense are

required to register pursuant to the provisions of this

Chapter during the period of “house arrest”.

(w) Electronic Monitoring Device (EMD). The term

Electronic Monitoring Device (EMD) is a device that

monitors the location of the person wearing it through radio

frequency, a Global Positioning Satellite (GPS) network or

other means of wireless networking, communication or data

transmission. Said devices may be active or passive. An

active Electronic Monitoring Device transmits location data

on a real-time current basis to a central monitoring station.

A passive Electronic Monitoring Device collects location

data for a specified period of time for subsequent upload to

a centralized monitoring system.

(x) Sex Offender. The term sex offender refers to any

person convicted of an offense listed in § 89.01(b), (c) or

(d).

(y) Instant messaging or chat room means a program

that requires a person to register or create an account, a user

name, or a password to become a member or registered user

of the program and allows members or authorized users to

communicate over the internet in real time using typed text

or voice, including programs associated with online games,

and other online communities. The term does not include an

electronic mail (e-mail).

(z) Social networking website/application means an

internet website/application that has a primary purpose of

facilitating social interaction between two (2) or more

persons for the purposes of friendship, meeting other

persons, dating, gaming, or information exchanges, and

COL1/24/2020

9 GCA CRIMES & CORRECTIONS

allows users to create web pages or profiles that provide

information about themselves and are available publicly or

to other users and that offers a mechanism for

communication with other users, such as a forum, chat

room, electronic mail, or instant messaging.

(aa) DNA. DNA means deoxyribonucleic acid.