Second Degree Criminal Sexual Conduct

(a)A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:

(1)that other person is under fourteen

(14)years of age;

(2)the victim is at least fourteen

(14)but less than sixteen

(16)years of age and any of the following circumstances exist:

(A)the actor is a member of the same household as the victim;

(B)the actor is related to the victim by blood, adoption or affinity to the fourth degree to the victim; or

(C)the actor is in a position of authority over the victim and used this authority to coerce the victim to submit;

(D)the actor is a teacher, substitute teacher, intern/student teacher or administrator of the public school, nonpublic school, school district, in which that other person is enrolled;

(E)the actor is an employee or a contractual service provider of the public school, nonpublic school, school district, in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of the government of Guam or government of the United States assigned to provide any service to that public school, nonpublic school, school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person;

(F)the actor is an employee, contractual service provider, or volunteer of a child care facility, or a person licensed or lawfully authorized to operate a foster care facility or home or a foster care group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person’s residency;

(G)the actor is an employee, contractual service provider, or volunteer of a social services organization, victims’ advocacy organization, youth correctional or detention facility, drug treatment facility or medical, psychiatric or psychological treatment facility and the sexual penetration occurs during the period of that other person’s residency; or

(H)the actor is in a dating relationship with a member of the victim’s household.

(3)sexual contact occurs under circumstances involving the commission of any other felony;

(4)the actor is aided or abetted by one or more other persons and either of the following circumstances exists:

(A)the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless; or

(B)the actor uses force or coercion to accomplish the sexual contact.

(5)the actor is armed with a weapon or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon;

(6)the actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact; and CH. 25 SEXUAL OFFENSES

(7)the actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless.

(b)Criminal sexual conduct in the second degree is a felony in the first degree. Any person convicted of criminal sexual conduct under § 25.20(a) shall be sentenced to a minimum of five

(5)years to a maximum of fifteen

(15)years imprisonment without the possibility of parole if the victim is twelve

(12)years of age or older at the time that the crime was committed; or a minimum of ten

(10)years to a maximum of twenty

(20)years imprisonment if the victim is under the age of twelve

(12)years old at the time that the crime was committed. The term imposed shall not be suspended, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor probation be imposed in lieu of said minimum term; nor shall work release or educational programs outside the confines of prison be granted; nor shall parole be granted; nor shall the provisions under § 80.31 of Article 2, Chapter 80, Title 9 GCA apply. Any such sentence shall include a special parole term of not less than life with mandatory lifetime monitoring by the Parole Office, in addition to such time of imprisonment.

(c)Any person convicted of criminal sexual conduct under § 25.20(a) subsequent to a first conviction of criminal sexual conduct under Guam law or a conviction of a sex offense from another jurisdiction that has an element that would constitute sexual contact or sexual penetration as defined in § 25.10 shall be sentenced to a minimum of fifteen

(15)years imprisonment and may be sentenced to life imprisonment without the possibility of parole. Said term shall not be suspended; nor probation be imposed in lieu of said term, as indicated in § 80.60 of Article 4, Chapter 80, Title 9 GCA; nor shall parole, work release or educational programs outside the confines of prison be granted.