GCA Title 9, Chapter 89
9 GCA CRIMES & CORRECTIONS
CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY
CHAPTER 89
CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY
SOURCE: This entire Chapter was added by P.L. 25-075:2 (Nov. 9, 1999), entitled Crimes Against Minors and Sex Offender Registry. The Chapter name was amended to Crimes Against Minors, Sex Offender Registry and Electronic Monitoring of Sex Offenders by P.L. 29-007:1 (Sept. 7, 2007). P.L. 29-030 (Oct. 25, 2007) reverted the Chapter name to the original title..
- § 89.01. Definitions.
- § 89.02. Classification of Offenders.
- § 89.03. Registration; Duty to Register.
- § 89.04. Duration of Registration.
- § 89.05. Penalties.
- § 89.06. Failure to Appear for Registration, Absconding and Failure to Register.
- § 89.07. Duties of the Department of Corrections and the Parole Services and Probation Division of the Judiciary of Guam; Initial Registration.
- § 89.08. Duties of the Guam Police Department.
- § 89.09. Duties of the Judiciary of Guam.
- § 89.10. Duties of the Judiciary of Guam in Managing the Sex Offender Registry.
- § 89.11. Notification.
- § 89.12. Immunity for Good Faith Conduct.
- § 89.13. Electronic Monitoring of Sex Offenders.
- § 89.14. Limitations on the Use of Electronic Mail (e-mail) by Registered Sex Offenders.
- § 89.15. Limitations on Employment of Convicted Sex Offenders.
- § 89.16. Cases Under Appeal.
§ 89.01. 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 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.
- 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. § 951 note) or listed under 10 U.S.C. § 920, that is similar or comparable to any sex offense as defined in §16911(5) or outlined in § 89.01(b), (c) or (d) of this Chapter. (6) Foreign Offenses. Any foreign convictions wherein the registrant was convicted of any of the sex offenses specified in § 89.01(b), (c) or (d) of this Chapter, or any other similar laws of any foreign country. A foreign conviction is not a sex offense for the purposes of this Chapter, unless it was either: (1) obtained under the laws of Canada, the United Kingdom, Australia, New Zealand; or (2) under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred. (7) Juvenile Offenses or Adjudications. Any conviction of a sex offense as defined in § 89.01(g)(2). (8) Exemptions to Registry Requirements. An offense involving consensual sexual conduct is not a sex offense for the purposes of this Chapter if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least thirteen (13) years old, and the offender was not more than four (4) years older than the victim. (e) The terms sexual penetration and sexual contact have the same meaning as sexual penetration and sexual contact in Chapter 25 of Title 9 of the Guam Code Annotated. (f) The term sex offender refers to persons convicted of a sex offense as defined in § 89.01(d).
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(g) Conviction. (1) Adult Conviction. The term conviction refers to each separate charge to which the offender either voluntarily pleads guilty and such guilty plea has been accepted by the Court, whether in a single hearing or in separate hearings, or is found guilty by a trier of fact, whether the charges are contained in one (1) indictment, or separate indictments. This term includes convictions based on pleas of nolo contendere and guilty pleas entered pursuant to North Carolina v. Alford , 400 U.S. 25 (1970). An adult sex offender is ‘convicted’ for the purposes of this Chapter if the sex offender has been sentenced by the court. (2) Juvenile Conviction. A juvenile offender is ‘convicted’ for the purposes of this Chapter if the juvenile offender is either: (A) prosecuted and found guilty as an adult for any sex offense, including those juveniles convicted through the certification process in Title 19, Guam Code Annotated, § 5106; or (B) is adjudicated delinquent as a juvenile for a sex offense, but only if the juvenile is at least fourteen (14) years of age at the time of the offense, and the sex offense adjudicated was one that is comparable to or more severe than the federal crime of ’ aggravated sexual abuse’ (as described in either (a) and (b) of Section 2241 of Title 18 of the U.S.C.), or was an attempt or conspiracy to commit such an offense, which is noted in Title 9 GCA § 25.15, Subsections (a) (4) (i) or (ii), (a)(5), (a)(6), and (a)(7); and Title 9 GCA § 25.20 (a)(4) (i) or (ii), (a)(5), (a)(6), and (a)(7). (C) Any juvenile sex offender who meets the definitions under § 89.01(g)(2) of this Act shall be required to follow all registration requirements under this Act, and all other Sex Offender Registration and Notification Act (SORNA) registration requirements shall apply, including public website disclosure in the Sex Offender Registry. (i) Exemption Permitted. The only exception made for this Section is that juvenile sex offenders who are adjudicated in the Family Court, and who meet the definition under § 89.01(g)(2)(B), shall be exempted from the public website disclosure, and shall be placed on a private, non-public database, wherein such registration information will only be made available to the National Sex Offender Registry (NSOR) to be placed in the national (non-public) databases of sex offender information, to law enforcement and supervision agencies, and to registration authorities in other jurisdictions. (3) Foreign Conviction. A foreign conviction is one obtained outside of the United States. (h) Intimate Parts. For the purposes of this Chapter, the term intimate parts is defi