Guam § 25 - Second Degree Criminal Sexual Conduct.
Full text of Guam Guam Code Annotated § 25 — Second Degree Criminal Sexual Conduct., with citation guidance and answers to common questions.
§ 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
COL 2026-04-23
(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.
Frequently Asked Questions About Guam § 25
What does Guam Code Annotated § 25 cover?
Section 25 ("Second Degree Criminal Sexual Conduct.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 25?
A common citation format is "Guam Code Annotated § 25" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 25 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.