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; Crime Defined and Punished.

(a) A minor is guilty of an offense of Illegal Use of a

Computer Telecommunications Device Involving a Minor,

otherwise known as Sexting, if the minor, by use of a computer

or any telecommunications device, recklessly or knowingly

creates, receives, exchanges, sends, disseminates, transmits or

possesses a photograph, video, depiction or other material that

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shows himself or herself, or of another minor, in a state of

nudity.

(b) It is no defense to a charge under this Section that the

minor creates, receives, exchanges, sends, or possesses a

photograph, video, or other material that shows themselves in a

state of nudity.

(c) Applicability. This Section shall not apply to the use of a

computer or a telecommunications device to transmit or

distribute a photograph or other depiction involving sexual

intercourse, deviate sexual intercourse, sadism, masochism or

masturbation. This Section does not prohibit a person guilty

under this Section to be charged with other chargeable criminal

sex offenses under Guam law.

(d) An offense under this Section constitutes a "status

offense". Any minor found to commit an offense under this

Section shall be found guilty of illegal use of a

telecommunications device involving a minor in a state of

nudity, a delinquent act that would be a misdemeanor if it could

be committed as an adult.

(e) A minor who violates this Section is guilty of a separate

offense for each separate photograph, video, or other material

that shows a minor in a state of nudity which is created, received,

exchanged, sent, or possessed.

(f) Any minor who is convicted of a violation of this

Section shall be ordered in addition to the sentence ordered by

the Court, as part of his or her sentence, to participate in the

educational program similar to that discussed under Subsection

(g) of this Section.

(g) A juvenile or minor who commits the offense of Illegal

Use of a Computer or Telecommunications Device to

Disseminate Prohibited Materials Involving a Minor- Sexting,

may be eligible for a diversionary program.

(1) As used herein, 'eligible offense' means an offense

chargeable under this Section where:

(A) the facts of the case involve the creation,

exhibition or distribution without malicious intent of a

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photograph depicting nudity as defined in that section

through the use of a telecommunications device or a

computer; and

(B) the creator and subject of the photograph are

juveniles or were juveniles at the time of its making.

(2) The Office of the Attorney General, Family

Division, or whichever designated division of the Office of

the Attorney General that addresses matters involving

juveniles in the community of Guam, will incorporate such

a diversionary program under its current services. Such

diversionary program would be similar to or incorporated

under the current Pre-Adjudicatory Diversionary Program

that the Office of the Attorney General currently utilizes.

The program would require the Office of the Attorney

General to develop an educational program for juveniles

who commit an eligible offense as defined in this Act. The

Office of the Attorney General shall then consult with the

Judiciary of Guam, Juvenile Probation Division, to discuss

and implement such educational program, to include the

same or similar conditions as the current Pre-Adjudicatory

Diversionary Program in place between the Office of the

Attorney General and Judiciary of Guam, Juvenile

Probation Office. The Office of the Attorney General shall

be the sole agency responsible for the determination as to

whether a minor may be admitted into the diversionary

program. A juvenile who successfully completes the

program would have the opportunity to avoid prosecution,

and any records relating to such an offense, upon

completion of the program, would be dismissed and

expunged.

(3) Admission to the program shall be limited to

juveniles who:

(A) have not previously been adjudicated

delinquent for or convicted of a criminal offense under

Title 9 of the Guam Code Annotated that constitutes a

third degree felony or greater;

(B) were not aware that their actions could

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constitute and did not have the intent to commit a

criminal offense;

(C) may be harmed by the imposition of criminal

sanctions; and

(D) would likely be deterred from engaging in

similar conduct in the future by completing the

program.

(4) The educational program shall provide information

concernmg:

(A) the legal consequences of and penalties for

sharing sexually suggestive or explicit materials,

including applicable local and federal statutes;

(B) the non-legal consequences of sharing

sexually suggestive or explicit materials including, but

not limited to, the effect on relationships, loss of

educational and employment opportunities, and being

barred or removed from school programs and

extracurricular activities;

(C) how the unique characteristics of cyberspace

and the Internet, including searchability, replicability,

and an infinite audience, can produce long-term and

unforeseen consequences for sharing sexually

suggestive or explicit materials; and

(D) the connection between bullying and

cyberbullying and juveniles sharing sexually

suggestive or explicit materials.

(5) The Attorney General may promulgate guidelines

to effectuate the provisions of this Section.