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Legal Information: Guam

Statutes: Guam

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Updated: 
December 10, 2020

28.90. Obscene, Anonymous, Harassing and Threatening Communications by Computer; Defined and Punished.

(a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer to:

(1) make contact via the internet with another without disclosing his or her identity with the intent to harass or abuse;

(2) make contact via the internet with a person after being requested by the person to desist from contacting them;

(3) threaten via the internet to commit a crime against any person or property; or cause obscene material to be delivered or transmitted via the internet to a specific person after being requested to desist from sending such material; or

(4) publish via the internet a webpage or posting on a newsgroup untrue statements about another person which are false and designed to entice or encourage other people to ridicule or perpetuate the untruth about that person.

For purposes of this Article and Sections therein, “obscene material” means material that:

(A) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest;

(B) An average person, applying contemporary adult community standards, would find, depicts or describes, in a patently offensive way, sexually explicit conduct consisting of an ultimate sexual act, normal or perverted, actual or simulated, an excretory function, masturbation, lewd exhibition of the genitals or sadomasochistic sexual abuse; and

(C) A reasonable person would find, taken as a whole, lacks literary, artistic, political or scientific value.

(b) It is unlawful for any person to knowingly permit a computer under his or her control to be used for any purpose prohibited by this Section.

(c) Any offense committed under this Section may be determined to have occurred at the place at which the contact originated or the place at which the contact was received or intended to be received.

(d) Any person who violates a provision of this Section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000) or imprisoned for not more than one (1) year, or both.