Illegal Use of a Computer or Telecommunications

Device to Disseminate Prohibited Materials Involving a Minor- Sexting; Mandatory Distribution of Information Brochure about Sexting by Retail Stores Who Sell Cellular Telephone Equipment or Cellular Telephone Equipment Service Contracts. COL6/24/2021 CH. 28 PUBLIC INDECENCY

(a)Definitions. As used in this Section:

(1)Cellular telephone equipment or equipment means a wireless telephone handset used in conjunction with wireless telephone service.

(2)Wireless telephone service means commercial mobile radio service, as defined in Subsection

(d)of Section 332 of the Communications Act of 1934 (47 U.S.C. s.332).

(3)Sexting is defined in § 28.100

(a)of Title 9, Guam Code Annotated.

(4)Store or other retail mercantile establishment or store means a place where merchandise is displayed, held, stored or sold or offered to the public for sale on Guam.

(b)It shall be an unlawful practice for any store or other retail mercantile establishment to sell cellular telephone equipment to an individual, or to sell a contract for cellular telephone equipment service to an individual, or to renew a contract for cellular telephone equipment service with an individual, unless the store encloses an informational brochure with such equipment or contract that informs the individual about the dangers of the practice known as sexting.

(1)The informational brochure required pursuant to this Subsection

(b)shall include, but not be limited to, an explanation of the types of criminal penalties that may be imposed on an individual who engages in sexting, as well as a list of the names, telephone numbers, and addresses of agencies qualified and available to answer questions related to sexting, such as the Office of the Attorney General, Consumer Protection Division, or any other government or nonprofit organizations that is dedicated to educating communities about safety and self-responsibility when usmg cellular telephone equipment.

(2)The Office of the Attorney General, Consumer Protection Division, the Guam Police Department, and the Department of Revenue and Taxation shall notify all stores that sell cellular telephone equipment or cellular telephone equipment service contracts, of the requirements of this Act COL6/24/2021 CH. 28 PUBLIC INDECENCY by advertising in local newspapers of general circulation on Guam, and shall prepare an information brochure on sexting and make copies available to all such stores.

(3)The Office of the Attorney General shall annually report to I Liheslatura on the effectiveness of the brochure preparation and distribution required by this Subsection.

(c)The owners of any store or other retail mercantile establishment which violates Subsection

(b)shall be subject to a penalty not to exceed One Thousand Dollars ($1,000.00) per each violation, and if applicable be subject to the sentence imposed for corporations under § 80.16 of Title 9 G.C.A.