Guam § 89 - Definitions.

§ 89. Definitions.

As used in this Chapter:

(a) Minor means a person below the age of eighteen

(18) years.

(b) Criminal offense against a victim who is a minor

means any criminal offense that consists of any of the

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following:

(1) felony kidnapping, felonious restraint, felony

child stealing, and custodial interference, as defined

and punished in Chapter 22 of Title 9 of the Guam

Code Annotated, Kidnapping, and Related Offenses,

when the victim is a minor;

(2) promoting prostitution, abetting prostitution,

compelling prostitution, as defined and punished in

Article 1 of Chapter 28 of Title 9 of the Guam Code

Annotated, Prostitution, when the individual

committing or engaging in prostitution is a minor;

(3) participation in obscenity, use of one’s own

child in obscene acts, indecent exposure, photography

of minors’ sexual acts, as defined and punished in

Article 2 of Chapter 28 of Title 9 of the Guam Code

Annotated, Obscenity and Related Offenses, when a

minor is employed or used;

(4) criminal sexual conduct, as defined and

punished in Chapter 25 of Title 9 of the Guam Code

Annotated, Sexual Offenses, when the victim of the

crime is a minor; or

(5) any attempt to commit, solicitation to commit,

or conspiracy to commit the crimes stated in

paragraphs (1) to (4) of this Subsection (b), in violation

of Chapter 13 of Title 9 of the Guam Code Annotated.

(c) Criminal sexual conduct refers to violations defined

and punished under Chapter 25 of Title 9 of the Guam Code

Annotated, Sexual Offenses, and any violations of similar

federal laws or laws of other states, territories or tribes.

(d) Sex Offense. The term “sex offense” as used in

this Chapter includes those offenses contained in 42 United

States Code (U.S.C.) §16911(5) and also includes the

following offenses:

(1) Sexually violent offenses. A sexually violent

offense is defined as any criminal offense which

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includes the following:

(A) criminal sexual conduct involving sexual

penetration or sexual contact where the actor

causes personal injury to the victim and either of

the following circumstances exists:

(i) force or coercion is used to

accomplish the sexual penetration or sexual

contact; or

(ii) the actor knows or has reason to

know that the victim is mentally defective,

mentally incapacitated or physically helpless.

(B) criminal sexual conduct involving sexual

penetration or sexual contact where the actor is

aided or abetted by one (1) or more other persons

and either of the following circumstances exists:

(i) force or coercion is used to

accomplish the sexual penetration or sexual

contact; or

(ii) the actor knows or has reason to

know that the victim is mentally defective,

mentally incapacitated or physically helpless.

(C) criminal sexual conduct involving sexual

penetration or sexual contact where the actor is

armed with a weapon or any article used or

fashioned in a manner to lead the victim to

reasonably believe it to be a weapon;

(D) criminal sexual conduct involving sexual

penetration or sexual contact which occurs under

circumstances involving the commission of

another felony; or

(E) criminal sexual conduct involving a

victim under fourteen (14) years of age.

(2) Guam Offenses.

(A) any convictions under local laws relating

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to Title 9 GCA § 22.35;

(B) any convictions under local laws relating

to Title 9 GCA §22.20, wherein the victim of

such crime is a minor;

(C) any convictions under local laws relating

to Title 9 GCA § 22.30;

(D) any convictions under local laws relating

to Title 9 GCA § 22.40, wherein the victim of

such crime is a minor;

(E) any convictions under local laws relating

to Title 9 GCA § 22.50, wherein the victim of

such crime is a minor;

(F) any convictions under local laws relating

to Title 9 GCA § 25.15;

(G) any convictions under local laws relating

to Title 9 GCA § 25.20;

(H) any convictions under local laws relating

to Title 9 GCA § 25.25;

(I) any convictions under local laws relating

to Title 9 GCA § 25.30;

(J) any convictions under local laws relating

to Title 9 GCA § 25.35;

(K) any convictions under local laws relating

to Title 9 GCA § 28.20, wherein the victim of

such crime is a minor

(L) any convictions under local laws relating

to Title 9 GCA § 28.25, wherein the victim of

such crime is a minor

(M) any convictions under local laws relating

to Title 9 GCA § 28.30; wherein the victim of

such crime is a minor

(N) any convictions under local laws relating

to Title 9 GCA § 28.49;

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(O) any convictions under local laws relating

to Title 9 GCA § 28.50;

(P) any convictions under local laws relating

to Title 9 GCA § 28.51;

(Q) any convictions under local laws relating

to Title 9 GCA § 28.52, wherein the victim of

such crime is a minor;

(R) any convictions under local laws relating

to Title 9 GCA § 28.65;

(S) any convictions under local laws relating

to Title 9 GCA § 28.80, wherein the victim of

such crime is a minor;

(T) any convictions under local laws relating

to Title 9 GCA § 31.15;

(U) any convictions under local laws relating

to Title 9 GCA § 70.35;

(V) any convictions under local laws relating

to Title 9 GCA § 89.01(b)(1); or

(W) any convictions under local laws relating

to Title 9 GCA § 89.01(b)(3); and any other

offenses under Guam law relating to a criminal

offense wherein there is an element involving:

(i) a sexual act or sexual contact with

another, regardless of the age of the victim;

(ii) non-parental kidnapping of a minor;

non-parental false imprisonment of a minor;

(iii) solicitation to engage a minor in

sexual conduct;

(iv) use of a minor in a sexual

performance;

(v) solicitation of a minor to practice

prostitution;

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(vi) video voyeurism of a minor;

(vii) possession, production, or

distribution of child pornography;

(viii) criminal sexual conduct involving

a minor; or

(ix) use of the internet to engage a

minor in criminal sexual conduct.

(3) Convictions from Other Jurisdictions. Any

conviction for any sex offense committed in any

jurisdiction that is comparable to any sex offense as

defined in 42 U.S.C. § 16911(5) or § 89.01(b), (c), or

(d) of this Chapter. In addition, any conviction for any

sex offense committed in any jurisdiction that involves:

(A) any type or degree of genital, oral, or

anal penetration;

(B) any sexual touching of or sexual contact

with a person’s body, either directly or through

the clothing;

(C) kidnapping of a minor;

(D) false imprisonment of a minor;

(E) solicitation to engage a minor in sexual

conduct understood broadly to include any

direction, request, enticement, persuasion, or

encouragement of a minor to engage in sexual

conduct;

(F) use of a minor in a sexual performance;

(G) solicitation of a minor to practice

prostitution;

(H) possession, production, or distribution of

child pornography;

(I) criminal sexual conduct that involves

physical contact with a minor or the use of the

internet to facilitate or attempt such conduct. This

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includes offenses whose elements involve the use of

other persons in prostitution, such as pandering,

procuring, or pimping in cases where the victim was

a minor at the time of the offense; or

(J) any conduct that by its nature is a sex

offense against a minor.

(4) Federal Offenses. A conviction for any of the

following, and any other offense hereafter included in the

definition of “sex offense” at 42 U.S.C. § 16911(5):

(A) 18 U.S.C. § 1591

(B) 18 U.S.C. § 1801

(C) 18 U.S.C. § 2241

(D) 18 U.S.C. § 2242

(E) 18 U.S.C. § 2243

(F) 18 U.S.C. § 2244

(G) 18 U.S.C. § 2245

(H) 18 U.S.C. § 2251

(I) 18 U.S.C. § 2251A

(J) 18 U.S.C. § 2252

(K) 18 U.S.C. § 2252A

(L) 18 U.S.C. § 2252B

(M) 18 U.S.C. § 2252C

(N) 18 U.S.C. § 2260

(O) 18 U.S.C. § 2421

(P) 18 U.S.C. § 2422

(Q) 18 U.S.C. § 2423

(R) 18 U.S.C. § 2424; or

(S) 18 U.S.C. § 2425.

(5) Military Offenses. Any military offense, as

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specified by the Secretary of Defense under Section

115(a)(8)(C)(i) of Public Law 105-119 (Title 10 U.S.C.