Guam - Age of Consent

[Cool Teen Sites]

25.25. Third Degree Criminal Sexual Conduct.

(a) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:
(1) that other person is at least fourteen (14) years of age and under sixteen (16) years of age;
(2) force or coercion is used to accomplish the sexual penetration; and
(3) the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
(b) Criminal sexual conduct in the third degree is a felony of the second degree.
SOURCE: Repealed and reenacted by P.L. 15-60:1, eff. 08/31/79.



EDITOR:  We also found some interesting things while researching Guam.   Although it is illegal for a person under 18 to be involved in prostitution, it appears legal for a person 16 or more to appear in pornographic movies.

28.49. Same: Distribution. Every person who know-ingly sends or causes to be sent, or who in Guam possesses, prepares,
publishes, shows, prints or who offers to distrib-ute, distributes or exhibits to another any obscene material, when such act or
acts are public or for commercial gain, is guilty of a misdemeanor.     SOURCE: Added by P.L. 16-84.

28.50. Same: Participation In. Every person who knowingly engages or participates in, manages, produces, sponsors,
presents or exhibits any obscene performance which is public or for commercial gain is guilty of a misdemeanor.
SOURCE: G.P.C. 311(2-7); M.P.C. 251 4(2); *Cal. 1751 (T.D.2 1968); Cal. 964, 972 (1971); Mass. ch. 272, 5
& 6. Enacted 1977 as 28.50(h); renumbered as 28.50(g) by P.L. 14-137, eff. 07/25/78; R/R by P.L. 16-84.
COMMENT: 28.50 punishes as a misdemeanor certain acts, if done knowingly or recklessly. Subsection (g), formerly
numbered Subsec-tion (h), is one of those acts.  28.50 punishes as a misdemeanor certain acts, if done knowingly or recklessly. Subsection (h), formerly numbered Subsection (g), makes those acts first-degree felonies under certain circumstances.    28.50 restates Paragraphs (2) thru (7) of 311 of the Penal Code.

28.51. Same: Employment of Minor. A person is guilty of a felony of the third degree if he knowingly or recklessly
employs or uses a minor under the age of sixteen (16) years to do or assist in doing any of the acts described in 28.49 or
28.50 of this Chapter.  SOURCE: Added by P.L. 16-84.

28.52. Use of One's Child in Obscene Acts. A person is guilty of a felony of the first degree if while having custody or
control of any child under the age of sixteen (16) years, he shall knowingly permit that child to be used in or be a party to any
material or performance that is obscene.  SOURCE: Added by P.L. 16-84.

28.80. Photography of Minors' Sexual Acts: Punished. A person commits a felony of the first degree if he know-ingly:
(1) sells or offers for sale publications, pictures or films that depict minors under 16 years of age per-forming sexual acts; or
(2) photographs minors under 16 years of age to engaging [sic] sexual acts.  SOURCE: Added by P.L. 14-137, eff. 07/25/78.


EDITOR:  This was interesting to us because it makes a strong argument for consdering all persons "16 and over" as being adults.  Then we found this section:

31.65. Curfew. A curfew applicable to minors is established and shall be enforced as follows:
(a) Definition of minor. The term minor shall mean any unemancipated person below the age of seventeen (17) years, but
does not include any person in the Armed Forces of the United States, or a married person.
(b) Time limits. It is illegal for any minor to be or remain upon any of the alleys, streets or places of business and amusement,
including parks, playgrounds or other public places or grounds in Guam between the hours of 10:00 p.m. in the evening to 5:00
a.m. of the following day.

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