Definitions

As used in this Chapter:

(a)Child pornography means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:

(1)the pornographic production of the visual representation involves the use of a minor engaging in sexual conduct; or

(2)the pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.

(b)Community standards means the standards of Guam. COL6/24/2021 CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY

(c)Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes, all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.

(d)Computer equipment means any equipment or devices, including all input, output, processing, storage, software, or communications facilities, intended to interface with the computer.

(e)Computer network means two

(2)or more computers or computer systems, interconnected by communication lines, including microwave, electronic, or any other form of communication.

(f)Computer program or software means a set of computer-readable instructions or statements and related data that, when executed by a computer system, causes the computer system or the computer network to which it is connected to perform computer services.

(g)Computer services includes, but is not limited to the use of a computer system, computer network, computer program, data prepared for computer use, and data contained within a computer system or computer network.

(h)Computer system means a set of interconnected computer equipment intended to operate as a cohesive system.

(i)Data means information, facts, concepts, software, or instructions prepared for use in a computer, computer system, or computer network.

(j)Lascivious means tending to incite lust to deprave the morals with respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.

(k)Material means any printed matter, visual representation, or sound recording and includes, but is not COL6/24/2021 CH. 25A SOLICITATION OF CHILDREN AND CHILD PORNOGRAPHY limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.

(l)Minor means any person less than eighteen

(18)years old.

(m)Pornographic shall have the same meaning as in Title 9 GCA Chapter 28, Article 2.

(n)Sadomasochistic abuse means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

(o)Sexual conduct means acts of sexual penetration, sexual contact, masturbation, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.

(p)Visual representation includes, but is not limited to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.

(q)Disseminate means to publish, sell, distribute, transmit, exhibit, present material, mail, ship, or transport by any means, including by computer, or to offer or agree to do the same.