Guam § 53102 - Definitions.

§ 53102. Definitions.

As used in this Chapter, the term:

(a) child means an unemancipated individual who is

less than eighteen (18) years of age;

(b) consent means affirmative, conscious, and

voluntary authorization by an individual with legal capacity

to give authorization;

(c) depicted individual means an individual whose

body is shown in whole or in part in an intimate image;

(d) disclosure means transfer, publication, or

distribution to another person; and disclose has a

corresponding meaning;

(e) harm means physical harm, economic harm, or

emotional distress whether or not accompanied by physical

or economic harm;

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UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019

(f) identifiable means recognizable by a person other

than the depicted individual:

(1) from an intimate image itself; or

(2) from the intimate image and identifying

characteristic displayed in connection with the intimate

image;

(g) identifying characteristic means information that

may be used to identify a depicted individual;

(h) individual means a human being.

(i) intimate image means a photograph, film, video

recording, or other similar medium that shows:

(1) the uncovered genitals, pubic area, anus, or

female post-pubescent nipple of a depicted individual;

or

(2) the depicted individual engaging in or being

subjected to sexual conduct.

(j) parent means an individual recognized as a parent

under Guam law.

(k) person means an individual, estate, business or

nonprofit entity, public corporation, government or

governmental subdivision, agency or instrumentality, or

other legal entity;

(l) private means:

(1) created or obtained under circumstances in

which the depicted individual had a reasonable

expectation of privacy; or

(2) made accessible through theft, bribery,

extortion, fraud, false pretenses, voyeurism, or

exceeding authorized access to an account, message,

file, device, resource, or property;

(m) sexual conduct includes:

(1) masturbation;

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UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT OF 2019

(2) genital, anal, or oral sex;

(3) sexual penetration of, or with, an object;

(4) bestiality; or

(5) the transfer of semen onto a depicted

individual.