Classification of Offenders (Title 9GCA §89.02)
(a) Level One Offender. Any person convicted of any of the following offenses, including a conviction for an attempt or conspiracy to commit any of the following offenses, shall be considered a Level One Offender.
(1) A Sexually Violent Offense as defined in § 89.01(d)(1);
(A) Title 9 GCA § 22.30,
(B) Title 9 GCA § 22.20, wherein the victim of such crime is a minor;
(C) Title 9 GCA § 22.40, wherein the victim of such crime is a minor;
(D) Title 9 GCA § 22.50, wherein the victim of such crime is a minor;
wherein the commission of (or the attempt or conspiracy to commit) a sexual offense
(E) Title 9 GCA § 25.15,
(F) Title 9 GCA § 25.20,
(G) Title 9 GCA § 25.25;
(H) Title 9 GCA § 28.49;
(I) Title 9 GCA § 28.51;
(J) Title 9 GCA § 31.15; or
(K) Title 9 GCA § 70.35.
(3) Federal Offenses: Any conviction under the following statutes and all of their subsections:
(A) 18 U.S.C. §2241;
(B) 18 U.S.C. §2242;
(C) 18 U.S.C. §2243; or
(C) 18 U.S.C. §2244.
(4) Military Offenses. Any offense specified by the Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) or any other conviction of an offense under 10 U.S.C. §920 that is similar or comparable to those offenses outlined in § 89.02(a)(1), (2), (3) or (5).
(5) Other Offenses. Any offense in any jurisdiction or foreign country which involves:
(A) non-parental kidnapping of a minor;
(B) a sexual act with another by force or threats;
(C) a sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate; or
(D) sexual contact with a minor fourteen (14) years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing; or
(E) is similar or comparable to those offenses outlined in § 89.02(a)(1) or (2).
(6) Recidivism. Any sex offense that is punishable by more than one (1) year in prison where the offender has at least one (1) prior conviction for an offense listed in § 89.02(b), or has previously become a Level Two Offender.
(b) Level Two Offender. Any person not otherwise classified as a Level One Offender, who is convicted of any of the following offenses, including a conviction for an attempt or conspiracy to commit any of the following offenses, shall be considered a Level Two Offender:
(1) Guam Offenses
(A) Generally. Any conviction for:
(i) criminal sexual conduct involving two (2) or more victims;
(ii) two (2) or more separate criminal sexual conduct offenses;
(iii) a criminal offense against a victim who is a minor, involving two (2) or more minors;
(iv) two (2) or more separate criminal offenses against a victim who is a minor; or
(v) one (1) or more separate criminal sexual conduct offense and one (1) or more separate criminal offense against a victim who is a minor.
(i) Title 9 GCA § 28.20, wherein the victim of such crime is a minor;
(ii) Title 9 GCA § 28.25, wherein the victim of such crime is a minor;
(iii) Title 9 GCA § 28.30, wherein the victim of such crime is a minor;
(iv) Title 9 GCA § 28.52, wherein the victim of such crime is a minor; or
(v) Title 9 GCA § 28.80, wherein the victim of such crime is a minor.
(2) Federal Offenses: Any conviction under the following statutes and all of their subsections:
(A) 18 U.S.C. §1591;
(B) 18 U.S.C. §2244;
(C) 18 U.S.C. §2251;
(D) 18 U.S.C.§2251A;
(E) 18 U.S.C. §2252
(production or distribution of child pornography);
(F) 18 U.S.C. §2252A
(production or distribution of child pornography);
(G) 18 U.S.C. §2260;
(H) 18 U.S.C. §2421;
(I) 18 U.S.C. §2422(b); or
(J) 18 U.S.C. §2423(a)
(3) Military Offenses: Any offense specified by the Secretary of Defense under Section 115(a)(8) (c)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) or any other conviction of an offense under 10 U.S.C. §920 that is similar or comparable to those offenses outlined in § 89.02(b)(1), (2), (4).
(4) Other Offenses. Any offense in any jurisdiction or foreign country which involves:
(A) the use of minors in prostitution, including solicitation;
(B) enticing a minor to engage in criminal sexual activity;
(C) sexual contact with a minor fourteen (14) years of age or younger, whether directly or indirectly through the clothing, that involves the intimate parts of the body;
(D) the use of a minor in a sexual performance;
(E) the production or distribution of child pornography; or
(F) is similar or comparable to those offenses outlined in § 89.02(b)(1)
(5) Recidivism. Unless otherwise covered under § 89.02(a)
(6), any sex offense that is not the first sex offense for which an offender has been convicted and that is punishable by more than one (1) year imprisonment.
(c) Level Three Offender. Any person not otherwise classified as a Level One Offender or Level Two Offender, who is convicted of any of the following offenses, including a conviction for an attempt or conspiracy to commit any of the following offenses, shall be considered a Level Three Offender.
(1) Guam Offenses. Any conviction under the following statutes and all of their subsections:
(A) Title 9 GCA § 25.30;
(B) Title 9 GCA § 25.35;
(C) Title 9 GCA § 28.50;
(D) Title 9 GCA § 28.65;
(E) Title 9 GCA § 89.01(b)(1);
(F) Title 9 GCA § 89.01(b)(3);
(G) Title 9 GCA § 22.35;
(H) any criminal sexual conduct offense not otherwise listed in § 89.02 (a), (b) or (c); or
(I) any criminal offense against a victim who is a minor not otherwise listed in § 89.02 (a), (b) or (c).
(2) Federal Offenses. Any conviction under the following statutes and all of their subsections:
(A) 18 U.S.C. §1801;
(B) 18 U.S.C. §2252 (receipt or possession of child pornography);
(C) 18 U.S.C. §2252A (receipt or possession of child pornography);
(D) 18 U.S.C. §2252B;
(E) 18 U.S.C. §2252C;
(F) 18 U.S.C. §2422(a);
(G) 18 U.S.C. §2423(b);
(H) 18 U.S.C. §2423(c);
(I) 18 U.S.C. §2424; or
(J) 18 U.S.C. §2425;
(3) Military Offenses. Any offense specified by the Secretary of Defense under Section 115(a)(8)(c)(i) of Public Law 105-119 (codified at 10 U.S.C. §951 note) or any other conviction of an offense under 10 U.S.C. §920 that is similar or comparable to those offenses outlined in § 89.02(c)(1), (2), (4).
(4) Other Offenses. Any offense in any jurisdiction or foreign country which involves:
(A) false imprisonment of a minor;
(B) video voyeurism of a minor;
(C) possession or receipt of child pornography; or
(D) is similar or comparable to those offenses outlined in § 89.02(c)(1).
(d) Tiering of Juvenile Sex Offenders.
(1) Any juvenile sex offenders who meets the definition provided for in § 89.01(g)(2)(A) of this Act, and is convicted of any sex offense under this Act shall be required to follow the tier system provided for under §89.02(a), (b) and (c) of this Act, respectively and accordingly to the crimes the juvenile offenders are convicted of.
(2) Any juvenile sex offender who meets the definition of § 89.01(g)(2)(B), shall be tiered as a Level 1 Offender , and shall be required to be on the private, non-public database for Lifetime.
SOURCE: Added by P.L. 25-075:2 (Nov. 9, 1999), amended by P.L. 28-077:2 (Dec. 5, 2005), P.L. 29-030 (Oct. 25, 2007), and P.L. 30-223:2 (Dec. 30, 2010).