Guam § 89 - Classification of Offenders.

§ 89. Classification of Offenders.

(a) Level One Offender. Any person convicted of any of the

following offenses, including a conviction for an attempt or

conspiracy to commit any of the following offenses, shall be

considered a Level One Offender.

(1) A Sexually Violent Offense as defined in §

89.01(d)(1);

(2) Guam Offenses: Any conviction under the

following statutes and all of their subsections:

(A) Title 9 GCA § 22.30;

(B) Title 9 GCA § 22.20, wherein the victim of

such crime is a minor;

(C) Title 9 GCA § 22.40, wherein the victim of

such crime is a minor;

(D) Title 9 GCA § 22.50, wherein the victim of

such crime is a minor, wherein the commission of (or

the attempt or conspiracy to commit) involves a sexual

offense;

(E) Title 9 GCA § 25.15;

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(F) Title 9 GCA § 25.20;

(G) Title 9 GCA § 25.25;

(H) Title 9 GCA § 28.49;

(I) Title 9 GCA § 28.51;

(J) Title 9 GCA § 31.15; or

(K) Title 9 GCA §70.35.

(3) Federal Offenses. Any conviction under the

following statutes and all of their subsections:

(A) 18 U.S.C. § 2241;

(B) 18 U.S.C. § 2242;

(C) 18 U.S.C. § 2243; or

(D) 18 U.S.C. § 2244.

(4) Military Offenses. Any offense specified by the

Secretary of Defense under Section 115(a)(8)(c)(i) of Public

Law 105-119 (codified at 10 U.S.C. § 951 note) or any

other conviction of an offense under 10 U.S.C. § 920 that is

similar or comparable to those offenses outlined in §

89.02(a)(1), (2), (3) or (5).

(5) Other Offenses. Any offense in any jurisdiction or

foreign country which involves:

(A) non-parental kidnapping of a minor;

(B) a sexual act with another by force or threats;

(C) a sexual act with another who has been

rendered unconscious or involuntarily drugged, or who

is otherwise incapable of appraising the nature of the

conduct or declining to participate; or

(D) sexual contact with a minor fourteen (14)

years of age or younger, including offenses that cover

sexual touching of or contact with the intimate parts of

the body, either directly or through the clothing; or

(E) is similar or comparable to those offenses

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outlined in § 89.02(a)(1) or (2).

(6) Recidivism. Any sex offense that is punishable by

more than one (1) year in prison where the offender has at

least one (1) prior conviction for an offense listed in §

89.02(b), or has previously become a Level Two Offender.

(b) Level Two Offender. Any person not otherwise

classified as a Level One Offender, who is convicted of any of

the following offenses, including a conviction for an attempt or

conspiracy to commit any of the following offenses, shall be

considered a Level Two Offender:

(1) Guam Offenses

(A) Generally. Any conviction for:

(i) criminal sexual conduct involving two

(2) or more victims;

(ii) two (2) or more separate criminal sexual

conduct offenses;

(iii) a criminal offense against a victim who

is a minor, involving two (2) or more minors;

(iv) two (2) or more separate criminal

offenses against a victim who is a minor; or

(v) one (1) or more separate criminal sexual

conduct offense and one (1) or more separate

criminal offense against a victim who is a minor.

(B) Specific Offenses: Any conviction under the

following statutes and all of their subsections:

(i) Title 9 GCA § 28.20, wherein the victim

of such crime is a minor;

(ii) Title 9 GCA § 28.25, wherein the victim

of such crime is a minor;

(iii) Title 9 GCA § 28.30, wherein the victim

of such crime is a minor;

(iv) Title 9 GCA § 28.52, wherein the victim

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of such crime is a minor; or

(v) Title 9 GCA § 28.80, wherein the victim

of such crime is a minor.

(2) Federal Offenses: Any conviction under the

following statutes and all of their subsections:

(A) 18 U.S.C. § 1591;

(B) 18 U.S.C. § 2244;

(C) 18 U.S.C. § 2251;

(D) 18U.S.C. § 2251A;

(E) 18 U.S.C. § 2252 (production or distribution

of child pornography);

(F) 18 U.S.C. § 2252A (production or

distribution of child pornography);

(G) 18 U.S.C. § 2260;

(H) 18 U.S.C. § 2421;

(I) 18 U.S.C. § 2422(b); or

(J) 18 U.S.C. § 2423(a).

(3) Military Offenses: Any offense specified by the

Secretary of Defense under Section 115(a)(8) (c)(i) of

Public Law 105-119 (codified at 10 U.S.C. § 951 note) or

any other conviction of an offense under 10 U.S.C. § 920

that is similar or comparable to those offenses outlined in §

89.02(b)(1), (2), (4).

(4) Other Offenses. Any offense in any jurisdiction or

foreign country which involves:

(A) the use of minors in prostitution, including

solicitation;

(B) enticing a minor to engage in criminal sexual

activity;

(C) sexual contact with a minor fourteen (14)

years of age or younger, whether directly or indirectly

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through the clothing, that involves the intimate parts of

the body;

(D) the use of a minor in a sexual performance;

(E) the production or distribution of child

pornography; or

(F) is similar or comparable to those offenses

outlined in § 89.02(b)(1).

(5) Recidivism. Unless otherwise covered under §

89.02(a)(6), any sex offense that is not the first sex offense

for which an offender has been convicted and that is

punishable by more than one (1) year imprisonment.

(c) Level Three Offender. Any person not otherwise

classified as a Level One Offender or Level Two Offender, who

is convicted of any of the following offenses, including a

conviction for an attempt or conspiracy to commit any of the

following offenses, shall be considered a Level Three Offender.

(1) Guam Offenses. Any conviction under the

following statutes and all of their subsections:

(A) Title 9 GCA § 25.30;

(B) Title 9 GCA § 25.35;

(C) Title 9 G.C.A. § 28.50;

(D) Title 9 GCA § 28.65;

(E) Title 9 GCA § 89.01(b)(l);

(F) Title 9 GCA § 89.01(b)(3);

(G) Title 9 GCA § 22.35;

(H) any criminal sexual conduct offense not

otherwise listed in § 89.02 (a), (b) or (c); or

(I) any criminal offense against a victim who is

a minor not otherwise listed in § 89.02 (a), (b) or (c).

(2) Federal Offenses. Any conviction under the

following statutes and all of their subsections:

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(A) 18 U.S.C. § 1801;

(B) 18 U.S.C. § 2252 (receipt or possession of

child pornography);

(C) 18 U.S.C. § 2252A (receipt or possession of

child pornography);

(D) 18 U.S.C. § 2252B;

(E) 18 U.S.C. § 2252C;

(F) 18 U.S.C. § 2422(a);

(G) 18 U.S.C. § 2423(b);

(H) 18 U.S.C. § 2423(c);

(I) 18 U.S.C. § 2424; or

(J) 18 U.S.C. § 2425;

(3) Military Offenses. Any offense specified by the

Secretary of Defense under Section 115(a)(8)(c)(i) of Public

Law 105-119 (codified at 10 U.S.C. § 951 note) or any

other conviction of an offense under 10 U.S.C. § 920 that is

similar or comparable to those offenses outlined in §

89.02(c)(1), (2), (4).

(4) Other Offenses. Any offense in any jurisdiction or

foreign country which involves:

(A) false imprisonment of a minor;

(B) video voyeurism of a minor;

(C) possession or receipt of child pornography;

or

(D) is similar or comparable to those offenses

outlined in § 89.02(c)(1).

(d) Tiering of Juvenile Sex Offenders.

(1) Any juvenile sex offender who meets the

definition provided for in § 89.01(g)(2)(A) of this Act, and

is convicted of any sex offense under this Act, shall be

required to follow the tiering system provided for under §

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89.02(a), (b) and (c) of this Act, respectively and

accordingly to the crimes the juvenile offenders are

convicted of.

(2) Any juvenile sex offender who meets the

definition of § 89.01(g)(2)(B) shall be tiered as a Level

Offender 1, and shall be required to be on the private, non-

public database for life.