Guam § 28 - Obscene, Anonymous, Harassing and Threatening

§ 28. Obscene, Anonymous, Harassing and Threatening

Communications by Computer; Defined and Punished.

(a) It is unlawful for any person, with the intent to harass or

abuse another person, to use a computer to:

(1) make contact via the internet with another without

disclosing his or her identity with the intent to harass or

abuse;

(2) make contact via the internet with a person after

being requested by the person to desist from contacting

them;

(3) threaten via the internet to commit a crime against

any person or property; or cause obscene material to be

delivered or transmitted via the internet to a specific person

after being requested to desist from sending such material;

or

(4) publish via the internet a webpage or posting on a

newsgroup untrue statements about another person which

are false and designed to entice or encourage other people to

ridicule or perpetuate the untruth about that person.

For purposes of this Article and Sections therein,

“obscene material” means material that:

COL6/24/2021

(A) An average person, applying contemporary

adult community standards, would find, taken as a

whole, appeals to the prurient interest, is intended to

appeal to the prurient interest, or is pandered to a

prurient interest;

(B) An average person, applying contemporary

adult community standards, would find, depicts or

describes, in a patently offensive way, sexually explicit

conduct consisting of an ultimate sexual act, normal or

perverted, actual or simulated, an excretory function,

masturbation, lewd exhibition of the genitals or

sadomasochistic sexual abuse; and

(C) A reasonable person would find, taken as a

whole, lacks literary, artistic, political or scientific

value.

(b) It is unlawful for any person to knowingly permit a

computer under his or her control to be used for any purpose

prohibited by this Section.

(c) Any offense committed under this Section may be

determined to have occurred at the place at which the contact

originated or the place at which the contact was received or

intended to be received.

(d) Any person who violates a provision of this Section is

guilty of a misdemeanor and, upon conviction thereof, shall be

fined not more than One Thousand Dollars ($1,000) or

imprisoned for not more than one (1) year, or both.