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Guam

Local Resources

Stalking often occurs along with other crimes, like domestic violence and sexual assault. While there are no state coalitions for victims of stalking, many domestic violence and sexual assault programs are able to provide assistance. Many of the resources can be confusing to navigate, victim advocates are available to talk to you about your states criminal stalking laws. Victim advocates can also assist you with safety planning, keeping a log of stalking incidents, and how to be safe when using technology. Find services and/or an advocate in your county using the following links:

Criminal Stalking Laws

Criminal stalking laws define when a perpetrator may be charged with the crime of stalking, and what infractions are required to bring such a charge. The laws usually define various misdemeanor and felony offenses that correlate with the severity of the transgression. Based on police investigation, a state prosecutor will determine what charges to bring against an offender, and will then file charges against the perpetrator (formally known as an indictment). A trial typically follows, and the defendant may be offered a plea agreement. The criminal statute will also delineate potential punishments, if the perpetrator is convicted, which may include probation, house arrest, and incarceration, among others. Restitution may be requested and awarded to the victim by court order following a conviction, usually at a sentencing hearing.

Click here for more information on criminal stalking laws in Guam.

National Resources

  • VictimConnect Resource Center - Confidential information, support and referrals for victims of crime via telephone, chat and text including safety planning and crime reporting.
  • WomensLaw.org - State-specific legal information related regarding protection orders, custody, divorce, state gun laws and more. WomensLaw.org also operates an email hotline where victims, their family/friends and advocates can write to ask legal questions.

Criminal Stalking Laws

9 GCA § 19.69. Definitions. (1993)
Unless otherwise indicated, as used in § 19.70:

(a) Harasses or harassment means a knowing and willful course of conduct, whether physical, verbal, electronic, telephonic, written, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose. Such course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress, and must cause substantial emotional distress.

(b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing continuity of purpose. Constitutionally and statutorily protected activity, including but not limited to picketing as a result of a labor dispute, is not included in this definition.

(c) Credible threat means any threat, physical or verbal, overtly or subtly manifested, constituting a threat with the intent and apparent ability to carry out the threat with the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person threatened or to a member of his or her immediate family.

(d) Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.

(e) Computer network means two (2) or more computers or computer systems interconnected by communication lines, including microwave, electronic, or any other form of communication.

(f) Computer system means a set of interconnected computer equipment intended to operate as a cohesive system.

 


9 GCA § 19.70. Stalking.(1993)
(a) A person is guilty of simple stalking if he or she willfully, maliciously, and repeatedly, follows or harasses another person or who makes a credible threat with intent to place that person or a member of his or her immediate family in fear of death or bodily injury.

 

(b) A person is guilty of advanced stalking if he or she violates subsection (a) of this section when there is a temporary restraining order or an injunction or both or any other court order in effect prohibiting the behavior described in that subsection against the same party.

(c) A person is guilty of advanced stalking if he or she violates subsection (a) of this section a second or subsequent time against the same victim, within seven (7) years of a prior conviction under that subsection, and involving an harassment or a credible threat of violence, as defined in this § 19.69 of this Chapter.

(d) Simple stalking is a felony of the third degree.

(e) Advanced stalking is a felony of the second degree.

(f) This section shall not apply to conduct which occurs during labor picketing.

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