Definitions

As used in this Chapter:

(a)Minor means a person below the age of eighteen

(18)years.

(b)Criminal offense against a victim who is a minor means any criminal offense that consists of any of the COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY following:

(1)felony kidnapping, felonious restraint, felony child stealing, and custodial interference, as defined and punished in Chapter 22 of Title 9 of the Guam Code Annotated, Kidnapping, and Related Offenses, when the victim is a minor;

(2)promoting prostitution, abetting prostitution, compelling prostitution, as defined and punished in Article 1 of Chapter 28 of Title 9 of the Guam Code Annotated, Prostitution, when the individual committing or engaging in prostitution is a minor;

(3)participation in obscenity, use of one’s own child in obscene acts, indecent exposure, photography of minors’ sexual acts, as defined and punished in Article 2 of Chapter 28 of Title 9 of the Guam Code Annotated, Obscenity and Related Offenses, when a minor is employed or used;

(4)criminal sexual conduct, as defined and punished in Chapter 25 of Title 9 of the Guam Code Annotated, Sexual Offenses, when the victim of the crime is a minor; or

(5)any attempt to commit, solicitation to commit, or conspiracy to commit the crimes stated in paragraphs

(1)to

(4)of this Subsection (b), in violation of Chapter 13 of Title 9 of the Guam Code Annotated.

(c)Criminal sexual conduct refers to violations defined and punished under Chapter 25 of Title 9 of the Guam Code Annotated, Sexual Offenses, and any violations of similar federal laws or laws of other states, territories or tribes.

(d)Sex Offense. The term “sex offense” as used in this Chapter includes those offenses contained in 42 United States Code (U.S.C.) §16911(5) and also includes the following offenses:

(1)Sexually violent offenses. A sexually violent offense is defined as any criminal offense which COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY includes the following:

(A)criminal sexual conduct involving sexual penetration or sexual contact where the actor causes personal injury to the victim and either of the following circumstances exists:

(i)force or coercion is used to accomplish the sexual penetration or sexual contact; or

(ii)the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.

(B)criminal sexual conduct involving sexual penetration or sexual contact where the actor is aided or abetted by one

(1)or more other persons and either of the following circumstances exists:

(i)force or coercion is used to accomplish the sexual penetration or sexual contact; or

(ii)the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.

(C)criminal sexual conduct involving sexual penetration or sexual contact where the actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon;

(D)criminal sexual conduct involving sexual penetration or sexual contact which occurs under circumstances involving the commission of another felony; or

(E)criminal sexual conduct involving a victim under fourteen

(14)years of age.

(2)Guam Offenses.

(A)any convictions under local laws relating COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY to Title 9 GCA § 22.35;

(B)any convictions under local laws relating to Title 9 GCA §22.20, wherein the victim of such crime is a minor;

(C)any convictions under local laws relating to Title 9 GCA § 22.30;

(D)any convictions under local laws relating to Title 9 GCA § 22.40, wherein the victim of such crime is a minor;

(E)any convictions under local laws relating to Title 9 GCA § 22.50, wherein the victim of such crime is a minor;

(F)any convictions under local laws relating to Title 9 GCA § 25.15;

(G)any convictions under local laws relating to Title 9 GCA § 25.20;

(H)any convictions under local laws relating to Title 9 GCA § 25.25;

(I)any convictions under local laws relating to Title 9 GCA § 25.30;

(J)any convictions under local laws relating to Title 9 GCA § 25.35;

(K)any convictions under local laws relating to Title 9 GCA § 28.20, wherein the victim of such crime is a minor

(L)any convictions under local laws relating to Title 9 GCA § 28.25, wherein the victim of such crime is a minor

(M)any convictions under local laws relating to Title 9 GCA § 28.30; wherein the victim of such crime is a minor

(N)any convictions under local laws relating to Title 9 GCA § 28.49; COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY

(O)any convictions under local laws relating to Title 9 GCA § 28.50;

(P)any convictions under local laws relating to Title 9 GCA § 28.51;

(Q)any convictions under local laws relating to Title 9 GCA § 28.52, wherein the victim of such crime is a minor;

(R)any convictions under local laws relating to Title 9 GCA § 28.65;

(S)any convictions under local laws relating to Title 9 GCA § 28.80, wherein the victim of such crime is a minor;

(T)any convictions under local laws relating to Title 9 GCA § 31.15;

(U)any convictions under local laws relating to Title 9 GCA § 70.35;

(V)any convictions under local laws relating to Title 9 GCA § 89.01(b)(1); or

(W)any convictions under local laws relating to Title 9 GCA § 89.01(b)(3); and any other offenses under Guam law relating to a criminal offense wherein there is an element involving:

(i)a sexual act or sexual contact with another, regardless of the age of the victim;

(ii)non-parental kidnapping of a minor; non-parental false imprisonment of a minor;

(iii)solicitation to engage a minor in sexual conduct;

(iv)use of a minor in a sexual performance;

(v)solicitation of a minor to practice prostitution; COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY

(vi)video voyeurism of a minor;

(vii)possession, production, distribution of child pornography; or

(viii)criminal sexual conduct involving a minor; or

(ix)use of the internet to engage a minor in criminal sexual conduct.

(3)Convictions from Other Jurisdictions. Any conviction for any sex offense committed in any jurisdiction that is comparable to any sex offense as defined in 42 U.S.C. § 16911(5) or § 89.01(b), (c), or

(d)of this Chapter. In addition, any conviction for any sex offense committed in any jurisdiction that involves:

(A)any type or degree of genital, oral, or anal penetration;

(B)any sexual touching of or sexual contact with a person’s body, either directly or through the clothing;

(C)kidnapping of a minor;

(D)false imprisonment of a minor;

(E)solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct;

(F)use of a minor in a sexual performance;

(G)solicitation of a minor to practice prostitution;

(H)possession, production, or distribution of child pornography;

(I)criminal sexual conduct that involves physical contact with a minor or the use of the internet to facilitate or attempt such conduct. This COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense; or

(J)any conduct that by its nature is a sex offense against a minor.

(4)Federal Offenses. A conviction for any of the following, and any other offense hereafter included in the definition of “sex offense” at 42 U.S.C. § 16911(5):

(A)18 U.S.C. § 1591

(B)18 U.S.C. § 1801

(C)18 U.S.C. § 2241

(D)18 U.S.C. § 2242

(E)18 U.S.C. § 2243

(F)18 U.S.C. § 2244

(G)18 U.S.C. § 2245

(H)18 U.S.C. § 2251

(I)18 U.S.C. § 2251A

(J)18 U.S.C. § 2252

(K)18 U.S.C. § 2252A

(L)18 U.S.C. § 2252B

(M)18 U.S.C. § 2252C

(N)18 U.S.C. § 2260

(O)18 U.S.C. § 2421

(P)18 U.S.C. § 2422

(Q)18 U.S.C. § 2423

(R)18 U.S.C. § 2424; or

(S)18 U.S.C. § 2425.

(5)Military Offenses. Any military offense, as COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (Title 10 U.S.C. § 951 note) or listed under 10 U.S.C. § 920, that is similar or comparable to any sex offense as defined in §16911(5) or outlined in § 89.01(b),

(c)or

(d)of this Chapter.

(6)Foreign Offenses. Any foreign convictions wherein the registrant was convicted of any of the sex offenses specified in § 89.01(b),

(c)or

(d)of this Chapter, or any other similar laws of any foreign country. A foreign conviction is not a sex offense for the purposes of this Chapter, unless it was either:

(1)obtained under the laws of Canada, the United Kingdom, Australia, New Zealand; or

(2)under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred.

(7)Juvenile Offenses or Adjudications. Any conviction of a sex offense as defined in § 89.01(g)(2).

(8)Exemptions to Registry Requirements. An offense involving consensual sexual conduct is not a sex offense for the purposes of this Chapter if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least thirteen

(13)years old, and the offender was not more than four

(4)years older than the victim.

(e)The terms sexual penetration and sexual contact have the same meaning as sexual penetration and sexual contact in Chapter 25 of Title 9 of the Guam Code Annotated.

(f)The term sex offender refers to persons convicted of a sex offense as defined in § 89.01(d). COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY

(g)Conviction.

(1)Adult Conviction. The term conviction refers to each separate charge to which the offender either voluntarily pleads guilty and such guilty plea has been accepted by the Court, whether in a single hearing or in separate hearings, or is found guilty by a trier of fact, whether the charges are contained in one

(1)indictment, or separate indictments. This term includes convictions based on pleas of nolo contendere and guilty pleas entered pursuant to North Carolina v. Alford, 400 U.S. 25 (1970). An adult sex offender is “convicted” for the purposes of this Chapter if the sex offender has been sentenced by the court.

(2)Juvenile Conviction. A juvenile offender is “convicted” for the purposes of this Chapter if the juvenile offender is either:

(A)prosecuted and found guilty as an adult for any sex offense, including those juveniles convicted through the certification process in Title 19, Guam Code Annotated, § 5106; or

(B)is adjudicated delinquent as a juvenile for a sex offense, but only if the juvenile is at least fourteen

(14)years of age at the time of the offense, and the sex offense adjudicated was one that is comparable to or more severe than the federal crime of “aggravated sexual abuse” (as described in either

(a)and

(b)of Section 2241 of Title 18 of the U.S.C.), or was an attempt or conspiracy to commit such an offense, which is noted in Title 9 GCA § 25.15, Subsections

(a)

(4)

(i)or (ii), (a)(5), (a)(6), and (a)(7); and Title 9 GCA § 25.20 (a)(4)

(i)or (ii), (a)(5), (a)(6), and (a)(7).

(C)Any juvenile sex offender who meets the definitions under § 89.01(g)(2) of this Act shall be required to follow all registration requirements under this Act, and all other Sex COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY Offender Registration and Notification Act (SORNA) registration requirements shall apply, including public website disclosure in the Sex Offender Registry.

(i)Exemption Permitted. The only exception made for this Section is that juvenile sex offenders who are adjudicated in the Family Court, and who meet the definition under § 89.01(g)(2)(B), shall be exempted from the public website disclosure, and shall be placed on a private, non-public database, wherein such registration information will only be made available to the National Sex Offender Registry

(NSOR)to be placed in the national (non-public) databases of sex offender information, to law enforcement and supervision agencies, and to registration authorities in other jurisdictions.

(3)Foreign Conviction. A foreign conviction is one obtained outside of the United States.

(h)Intimate Parts. For the purposes of this Chapter, the term intimate parts is defined to include the primary genital area, groin, inner thigh, buttock or breast of a human being.

(i)The terms employed and carries on a vocation include employment that is full-time or part-time for a period of time exceeding fourteen

(14)days, or an aggregate period of time exceeding thirty

(30)days during any calendar year, whether financially compensated, on a volunteer basis or for the purpose of government or educational benefit.

(j)Employee. The term employee when used in this Chapter includes, but is not limited to, an individual who is self-employed or works for any other entity, regardless of compensation. Volunteers of any agency or organization are included with the definition of employee for registration purposes. COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY

(k)The term student when used in this Chapter, and when referring to any sex offender who is required to register under this Act, means an individual who is enrolled in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education, including those who are currently enrolled in the school or institution, but are performing internship, externships or apprentices at an agency or organization under the supervision of a school program.

(l)The term institution of higher education means post secondary school.

(m)The term law enforcement agency means any so designated agency on Guam, including, but not limited to, the Guam Police Department, the Jose D. Leon Guerrero Commercial Port Police, the Parole Services Division of the Department of Corrections, the Judiciary of Guam, Probation Division, the U.S. Probation Office, the U.S. Marshal Service, the Conservation Office of the Department of Agriculture, the A. B. Won Pat International Airport Authority Police, the Office of the Attorney General – Prosecution and Family Divisions, the Judiciary of Guam Marshals Division, the Air Force Office of Special Investigations, the Naval Criminal Investigation Section, the Coast Guard Criminal Investigation Section, the United States Army Criminal Investigation Division, and other criminal investigators of the United States Government. As Guam does not have a recognized law enforcement Campus Police in Guam’s institutions of higher education, the Guam Police Department is the recognized law enforcement agency with jurisdiction over Guam’s institutions of higher education.

(n)The term court means the Superior Court of Guam, Judiciary of Guam, District Court of Guam, or Island Court of Guam.

(o)The term community refers to the entire territorial boundaries of Guam. COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY

(p)The term registrant refers to persons required to register under this Chapter, and is used interchangeably throughout this Chapter with the word “sex offender”.

(q)The term change in enrollment or employment status means the commencement or termination of enrollment or employment or a change in location of enrollment or employment.

(r)The term resides means, with respect to an individual, the location of the individual’s home or any other place where the individual habitually lives or sleeps regardless of whether there is no fixed home or address in the jurisdiction, so long as the individual lived in the jurisdiction for at least thirty

(30)days.

(s)For the purposes of this Chapter, a “resident” includes any individual who either resides within Guam or who otherwise owns any real property within Guam in fee or trust regardless of its location on Guam, who is employed within Guam or employed by a corporation or organization whose primary business address is on Guam, or who is a student or attends an educational program within Guam, or who files their yearly income taxes on Guam.

(t)The term jurisdiction refers to any of the following:

(1)a State;

(2)the District of Columbia;

(3)the Commonwealth of Puerto Rico;

(4)Guam;

(5)American Samoa;

(6)the Commonwealth of the Northern Mariana Islands;

(7)the United States Virgin Islands; and

(8)to the extent provided and subject to the requirements of 42 U.S.C. § 16927, a federally recognized Indian tribe. COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY

(u)Immediate. The term immediate or immediately when used in this Chapter means within three

(3)working days.

(v)Imprisonment. The term imprisonment or imprisoned refers to incarceration pursuant to a conviction regardless of the nature of the institution in which the offender serves the sentence. Sex Offenders under “house arrest” following any conviction for any offense are required to register pursuant to the provisions of this Chapter during the period of “house arrest”.

(w)Electronic Monitoring Device (EMD). The term Electronic Monitoring Device

(EMD)is a device that monitors the location of the person wearing it through radio frequency, a Global Positioning Satellite

(GPS)network or other means of wireless networking, communication or data transmission. Said devices may be active or passive. An active Electronic Monitoring Device transmits location data on a real-time current basis to a central monitoring station. A passive Electronic Monitoring Device collects location data for a specified period of time for subsequent upload to a centralized monitoring system.

(x)Sex Offender. The term sex offender refers to any person convicted of an offense listed in § 89.01(b),

(c)or (d).

(y)Instant messaging or chat room means a program that requires a person to register or create an account, a user name, or a password to become a member or registered user of the program and allows members or authorized users to communicate over the internet in real time using typed text or voice, including programs associated with online games, and other online communities. The term does not include an electronic mail (e-mail).

(z)Social networking website/application means an internet website/application that has a primary purpose of facilitating social interaction between two

(2)or more persons for the purposes of friendship, meeting other persons, dating, gaming, or information exchanges, and COL1/24/2020 CH. 89 CRIMES AGAINST MINORS AND SEX OFFENDER REGISTRY allows users to create web pages or profiles that provide information about themselves and are available publicly or to other users and that offers a mechanism for communication with other users, such as a forum, chat room, electronic mail, or instant messaging.

(aa)DNA. DNA means deoxyribonucleic acid.