Guam § 28 - Certain Obscene Telephone Communications

§ 28. Certain Obscene Telephone Communications

Prohibited; Penalty.

(a) For purposes of this section and of § 28.71 of this Title

9, the term “obscene” shall mean that:

COL6/24/2021

(1) The average person, applying contemporary

community standards would find that the communication,

taken as a whole, appeals to the prurient interest; and

(2) The communication depicts or describes, in a

patently offensive way, any act or conduct which constitutes

sexual conduct as defined by Chapter 25 of this Title 9; and

(3) The communication, taken as a whole, lacks serious

literary, artistic, political, or scientific value.

(b)(1) A subscriber of telephone service who makes any

obscene communication by means of a telephone, in person,

or through an electronic recording device, in exchange for

remuneration is guilty of a misdemeanor, regardless of

whether such subscriber placed, initiated or received the

telephone call.

(2) A subscriber of telephone service who knowingly

permits the use of a telephone or a telephone facility under

such subscriber's control to make or to receive, at the

request of the subscriber, any obscene communication

prohibited under subsection (b)(1) of this section, is guilty

of a misdemeanor if the telephone or telephone facility is

connected to a local exchange telephone.

(c) For purposes of this subsection, each day of a violation

shall constitute a separate offense.