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; COL5/8/2020 CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR 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; COL5/8/2020 CH. 53 THE GUAM UNIFORM CIVIL REMEDIES FOR 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.