Guam § 28 - Invasion of Privacy or Criminal Voyeurism and

§ 28. Invasion of Privacy or Criminal Voyeurism and

Video Voyeurism; Penalty; Definitions.

(a) A person commits a misdemeanor if, except in the

execution of a public duty or as authorized by law, the person

intentionally or knowingly:

(1) trespasses on property for the purpose of

subjecting anyone to eavesdropping or other surveillance in

a private place or in a place where an individual has a

reasonable expectation of privacy;

(2) peers or peeps into a window or other opening of a

dwelling or other structure adapted for sojourn or overnight

accommodations for the purpose of spying on the occupant

thereof or invading the privacy of another person with a

lewd or unlawful purpose, under circumstances in which a

reasonable person in the dwelling or other structure would

not expect to be observed;

(3) trespasses on property for the sexual gratification

of the actor;

(4) installs or uses outside a private place any device

for hearing, recording, amplifying, or broadcasting sounds

COL6/24/2021

originating in that place which would not ordinarily be

audible or comprehensible outside, without the consent of

the person or persons entitled to privacy therein;

(5) intercepts, without the consent of the sender or

receiver, a message or photographic image by telephone,

telegraph, letter, electronic transmission, or other means of

communicating privately; but this Subsection (5) does not

apply to:

(A) overhearing of messages through a regularly

installed instrument on a telephone party line or an

extension; or

(B) interception by the telephone company,

electronic mail account provider, or telephone or

electronic mail subscriber incident to enforcement of

regulations limiting use of the facilities or incident to

other operation and use;

(6) installs or uses, or both, in any private place or in a

place where an individual has a reasonable expectation of

privacy, without consent of the person or persons entitled to

privacy therein, any means or device for observing,

recording, amplifying, or broadcasting sounds or events in

that place, including another person in a stage of undress or

sexual activity;

(7) covertly records or broadcasts an image of another

person’s intimate area underneath clothing, by use of any

device, and that image is taken while that person is in a

public place and without that person’s consent;

(8) divulges, without the consent of the sender or the

receiver, the existence or contents of any messages or

photographic image by telephone, telegraph, letter,

electronic transmission, or other means of communicating

privately, if the accused knows that the message or

photographic image was unlawfully intercepted or if the

accused learned of the message or photographic image in

the course of employment with an agency engaged in

transmitting it; or

COL6/24/2021

(9) knowingly possesses materials created under

circumstances prohibited in Subsection (b) below.

(10) This Subsection (a) shall not apply to any

dissemination, distribution, or transfer of images subject to

this Subsection by an electronic communication service

provider or remote storage service in the ordinary course of

its business.

(11) In addition to any penalties the court may impose,

the court may order the destruction of any recording made

in violation of this Subsection (a).

(b) A person commits a felony in the third degree, if,

except in the execution of a public duty or as authorized by law,

when, with the intent of arousing, appealing to or gratifying the

lust or passions or sexual desires of such person or another

person, or for his own or another person’s lascivious

entertainment or satisfaction of prurient interest, or for the

purpose of sexually degrading or abusing any other person, or

for the purpose of annoying, harassing or intimidating any other

person, the person intentionally or knowingly installs or uses, or

both, in any private place or in a place where an individual has a

reasonable expectation of privacy, without consent of the person

or persons entitled to privacy therein, any device for observing,

recording, amplifying, or broadcasting another person in a stage

of undress or sexual activity. The court may order the destruction

of any recording made in violation of this Subsection (b).

(c) A person commits the crime of video voyeurism,

which is a felony in the second degree, if, except in the execution

of a public duty or as authorized by law, when, with the intent of

arousing, appealing to or gratifying the lust or passions or sexual

desires of such person or another person, or for his own or

another person’s lascivious entertainment or satisfaction of

prurient interest, or for the purpose of sexually degrading or

abusing any other persons, or for the purpose of annoying,

harassing or intimidating any other person, the person

intentionally or knowingly disseminates, publishes or sells any

image or images of the intimate areas of another person or

persons without the consent of such other person or persons and

with knowledge that such image or images were obtained. The

COL6/24/2021

court may order the destruction of any recording made in

violation of this Subsection (c).

(d) Definitions for the purpose of this Section:

(1) broadcast means the electronic transmittal of a

visual image with the intent that it be viewed by a person or

persons;

(2) disseminate means to make available by any

means to any person;

(3) electronic communication means any transfer of

signs, signals, writings, images, sounds, data, or intelligence

of any nature transmitted in whole or part by a wire, radio,

electromagnetic, photoelectronic, or photo optical system;

(4) electronic communication service provider means

any person engaged in the offering or sale of electronic

communication services to the public;

(5) electronic communication system means any wire,

radio, electromagnetic, photo-optical, or photo-electronic

facilities for the transmission of wire or electronic

communications, and any computer facilities or related

electronic equipment for the electronic storage of such

communications, including e-mail, web hosting, multimedia

messaging services, and remote storage services offered by

an electronic communication service provider;

(6) imaging device means any instrument capable of

recording, storing, viewing or transmitting visual images;

(7) intimate areas means any portion of a person’s

underwear, pubic area, anus, buttocks, vulva, genitals, or

female breast;

(8) intimate areas underneath clothing does not include

intimate areas visible through a person’s clothing or

intimate areas exposed in public;

(9) person means any natural person, corporation,

partnership, firm, association, joint venture or any other

recognized legal entity or any agent or servant thereof;

COL6/24/2021

(10) place where a person has a reasonable expectation

of privacy means:

(A) a place where a reasonable person would

believe that he could undress, be undressed or engage

in sexual activity in privacy, without concern that he or

she is being viewed, photographed, filmed or otherwise

recorded by an imaging device; or

(B) a place where a person might reasonably

expect to be safe from casual or hostile surveillance by

an imaging device; or

(C) any public place where a person, by taking

reasonable steps to conceal intimate areas, should be

free from the viewing, recording, storing or

transmitting of images obtained by imaging devices

designed to overcome the barriers created by a

person’s covering of intimate areas;

(11) public place means an area generally open to the

public, regardless of whether it is privately owned, and

includes, but is not limited to, streets, sidewalks, bridges,

alleys, plazas, parks, driveways, parking lots, buses, tunnels,

buildings, stores, and restaurants;

(12) publish means to:

(A) disseminate with the intent that such image

or images be made available by any means to any

person; or

(B) disseminate with the intent that such images

be sold by another person; or

(C) post, present, display, exhibit, circulate,

advertise or allow access by any means so as to make

an image or images available to the public; or

(D) disseminate with the intent that an image or

images be posted, presented, displayed, exhibited,

circulated, advertised or made accessible by any means

and to make such image or images available to the

public;

COL6/24/2021

(13) remote storage service means the provision to the

public of computer storage or processing services by means

of an electronic communication system;

(14) sell means to disseminate to another person, or to

publish, in exchange for something of value.

(e) Notwithstanding any law to the contrary, any

individual convicted of a criminal offense under this § 28.70

shall be registered on the Crimes Against Minors and Sex

Offender Registry in Chapter 89 of Title 9, GCA, as follows: a

level three offender for a misdemeanor conviction under this §

28.70; a level two offender for a felony in the third degree

conviction under this § 28.70; and a level one offender for a

second degree felony under this § 28.70.