Terroristic Conduct; Defined and Punished

(a)A person is guilty of terroristic conduct if he threatens to commit any crime of violence with intent to cause evacuation of a building, place of assembly; or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such inconvenience.

(b)Terroristic conduct is a felony of the third degree.

(c)Whoever, through the use of the mail, telephone, tablet, computer, telegraph, social media, artificial intelligence, automated communication, deepfake or synthetic media technologies, or any other electronic or digital means, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or CH. 19 ASSAULT, RECKLESS ENDANGERING, TERRORIZING destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be a felony of the third degree and, notwithstanding any other provision of law, be imprisoned for not more than ten

(10)years and fined pursuant to paragraph (d), infra, or both.

(d)Whoever commits a violation of this Section by making a threat or perceived threat, conveying false information as described in Subsection (c), and such conduct is directed against a public building, public facility, place of business, healthcare facility or public or private school, and such conduct results in a substantial disruption of public services, public safety, or government operations, shall, upon conviction, be subject to the penalties prescribed herein and shall be deemed to have committed a crime against the community. Prosecution under this Subsection shall not preclude prosecution under § 43.31 of Chapter 43, Title 9, Guam Code Annotated, where applicable. For Purposes of this Subsection:

(1)“Public building” means any structure owned, leased, or operated by the government of Guam or any of its subdivisions.

(2)“Public facility” includes schools, hospitals, transportation terminals, utility installations, and similar infrastructure serving a public function.

(e)Fines for a violation of this Section shall not be less than Two Thousand Five Hundred Dollars ($2,500.00) and no more than Twenty-Five Thousand Dollars ($25,000) per location affected. Fines shall be continuously appropriated in the following order of priority:

(1)One Thousand Dollars ($1,000) to the Flame Fund;

(2)One Thousand Dollars ($1,000) to the Police Services Fund;

(3)Five Hundred Dollars ($500.00) to the Enhanced 911 Fund; and

(4)Any fines collected beyond Two Thousand Five Hundred Dollars ($2,500) per location shall be continuously appropriated to the Criminal Injuries Compensation Fund.

(f)Any person, business or other party, affected by the violator(s) of this Section, may recover actual damages, costs, and attorney's fees in a civil action.

(g)Section 80.39.1, 9 GCA shall not apply to the minimum fines required by this Section. Notwithstanding any other provision of law, fines assessed pursuant to this Section shall not be converted to Community Service as provided for in Article 6, Chapter 80, 9 GCA.

(h)Conduct that involves knowingly providing false information to law enforcement or emergency services, and which does not involve the intent or reckless disregard necessary to constitute terroristic conduct as defined in this Section, may be prosecuted under § 55.20 or § 55.25 of this Title, as appropriate. Nothing in the Subsection shall preclude prosecution under this Section, where the elements of terroristic conduct are met, no shall it be construed to limit the discretion of prosecutors to pursue charges under one or more applicable provision of law.