What is the purpose of the Guam Sex Offender Registry?

The Guam Sex Offender Registry exists to ensure the safety of our island community from sex offenders by monitoring them to protect existing victims, prevent further victimization, to deter recidivism among offenders and to increase public safety and community awareness.  In addition, sex offender registration is designed to help law enforcement agencies investigate new sex crimes.  These agencies keep identifying information about convicted sex offenders, such as their names, addresses, photographs, and crimes for which they were convicted. The length of time an offender is required to register varies by jurisdiction (e.g., certain offenders may have to register for fifteen years, others may have to register for life), and so does the frequency with which the offender must update and verify the information. Federal legislation created a national sex offender registry that is intended to assure that all states collect and maintain the same information on convicted sex offenders and provides a single Web site where citizens can find information about registered sex offenders.

The actions of sex offenders have profound and long lasting consequences on their victims and communities.

When did the Guam Sex Offender Registration take effect?

The Guam Sex Offender Registry was first enacted by P.L. 25-75:2 (11/9/99), amended by P.L. 28-077:2 (Dec. 5, 2005) and P.L. 29-007:1 (Sept. 7, 2007), amended in its
entirety by P.L. 29-030 (Oct. 25, 2007), amendments by P.L. 29-007 and repealed by

P.L. 29-030 were re-enacted by P.L. 29-063:2 (Apr. 4, 2008) and amended in its entirety by P.L. 30-223:2 (Dec. 30, 2010).

Where can I find the law which governs the Guam Sex Offender Registry?

Chapter 89, Title 9 of the Guam Code Annotated relative to the Guam Sex Offender Registry can be attained at the local or law libraries or links right here on our website.

Who must register?

(a) Persons Required to Register. The following persons
shall have the absolute duty to register pursuant to this Chapter:
(1) any person who has been or is hereafter convicted
in any court of Guam of a violation of any of the following offenses:

  • (A) a sexually violent offense;
  • (B) a criminal sexual conduct offense; or
  • (C) a criminal offense against a victim who is a
    minor.

(2) any person who has been or is hereafter convicted
in any Federal or military court for a violation of any of the following offenses:

  • (A) an offense under Title 18 USC §§2241 or 2242;
  • (B) an offense under Title 18 USC §§§2251, 2252, or
    2252A;
  • (C) a criminal offense against a victim who is a minor;
  • (D) an offense under Title 18 USC §1591 ;
  • (E) an offense under Title 18 USC 5 §§2422(b) or
    2423(a); or
  • (F) an offense under Title 18 USC §2244.

(3) any person convicted in another state, territory or
tribe of any of the following offenses:

  • A) a criminal sexual conduct offense; or
  • (B) a criminal offense against a victim who is a minor.

(4) any person who is a non-resident who is on Guam for the
purpose of work or education and:

  • who is or has been convicted in another state, territory or tribal jurisdiction of a criminal sexual conduct offense, or a criminal offense against a victim who is a minor; or
who has been or is hereafter convicted in a military court or a court in another state, territory or tribal jurisdiction, of a criminal sexual conduct offense or
a criminal offense against a victim who is a minor.

How are sex offenders classified?

There are three (3) levels which the courts will determine at the time of sentencing.
(a) Level One Offender
A person convicted of a sexually violent offense.

(b) Level Two Offender
A person not otherwise classified as a Level One Offender and is convicted of:
(1) criminal sexual conduct involving two (2) or more victims;
(2) two (2) or more separate criminal sexual conduct offenses;
(3) a criminal offense against a victim who is a minor, involving two (2) or more minors;
(4) two (2) or more separate criminal offenses against a victim who is a minor; or
(5) one (1) or more separate criminal sexual conduct offenses and one (1) or more separate criminal offenses against a victim who is a minor.

(c) Level Three Offender
A person not otherwise classified as either a Level One or a Level Two Offender and
is convicted of:

(1) criminal sexual conduct; or
(2) a criminal offense against a victim who is a
minor.

For how long does an offender have to register?

Offenders report to the Guam Sex Offender Registry based on their classification.  A Level 1 offender is a lifetime registrant required to report every 90 days in person; a Level 2 offender is also a lifetime registrant required to report every 180 days in person; and a Level 3 offender is a 15 year registrant required to report annually in person.

How often is the website updated?

The Guam Sex Offender Registry website is updated daily.

What are the basic obligations of sex offenders?

Sex Offenders are required to report and update their registered information i.e. (physical residence, employment, and education) every 90 days, 180 days, or annually based on their assigned level.  However, any changes or updates to registered information must be reported to the Guam Sex Offender Registry within 3 days of the change. 

What is the consequence if a sex offender fails to comply with Chapter 89 Title 9GCA offender requirements?

(a) Initial Registration.

Intentional or knowing failure to provide initial registration information shall delay the registrant's release if the registrant is to be released, or make the registrant ineligible for probation if the registrant is to be placed on probation. Intentional or knowing failure to provide initial registration information is a felony of the third degree.

(b) Verification.

The failure to verify registered information is a felony of the third degree. A second or subsequent failure to so register is a felony of the second degree. Failure of a probationer or parolee to so register may result in sanctions pursuant to Title 8 GCA §80.66 and Title 9 GCA §80.82, respectively.

(c) Address Changes.

A registrant's failure to register the registrant’s new physical and mailing address within three (3) calendar days of any change of physical and mailing address is a felony of the third degree. A second or subsequent failure to so register is a felony of the second degree. Failure of a registrant who is a probationer or parolee to so register may result in sanctions pursuant to Title 9 GCA §80.66 and Title 9 GCA §80.82, respectively.

(d) False Information.

Intentionally and knowingly providing false information during initial registration or subsequent verification is a felony of the second degree.

(e) Enrollment or Employment at an Institution of Higher Education.

A registrant’s failure to update enrollment or employment at an institution of higher education or termination of such enrollment or employment at an institution of higher education with the Judiciary of Guam, Probation Division, within three (3) calendar days of any change would constitute a failure to register or keep such registration current and is a felony of the third degree.

(f)Failure to Provide Biological Sample.

Intentional or knowing failure to provide biological samples for DNA profile information to the Guam Police Department pursuant to this Chapter is a felony of the third degree.

Failure to Appear for Registration, Absconding and Failure to Register.

(a) Failure to Appear.

In the event a sex offender fails to register on Guam as required by this Chapter, then the Judiciary of Guam, Probation Division, or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school enrollment on Guam, and that the sex offender failed to appear for registration.

(b) Absconded Sex Offenders.

If the Judiciary of Guam, Probation Division, or its designee receives information that a sex offender has absconded, then the Judiciary of Guam, Probation Division, shall make an effort to determine if the sex offender has actually absconded.

1) In the event that no determination can be made, the Judiciary of Guam or designee shall ensure that the Guam Police Department and other local law enforcement agencies are notified so that a proper investigation may be conducted.

2) If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, the other jurisdiction or the federal authorities shall be informed that the sex offender failed to appear and register.

3) If an absconded sex offender cannot be located by the Guam Police Department after the matter had been forwarded for investigation, then the Guam Police Department shall inform the Judiciary of Guam, Probation Division, and the Judiciary of Guam, Probation Division, shall take the forthcoming steps:

a) update the registry to reflect the sex offender has absconded or is otherwise not capable of being located;
b
)  notify the U.S. Marshals;
c)  if all legal requirements are met to obtain a federal warrant of arrest,  then the U.S. Marshals Service or the Federal Bureau of Investigations may be contacted in an attempt to obtain a federal warrant for the sex offender’s arrest;
d)  update the National Sex Offender Registry (NSOR) to reflect the sex offender’s status as an absconder, or is otherwise not capable of being located; and
e)  enter the sex offender into the National Crime Information Center Wanted Persons File.

(c) Failure to Register.

In the event a sex offender who is required to register due to their employment or school attendance status fails to do so or otherwise violate a registration requirement of this Chapter, then the Judiciary of Guam, Probation Division, shall take all appropriate follow-up measures including those outlined in the above Section. The Judiciary of Guam, Probation Division, shall first make an effort to determine if the sex offender is actually employed or attending or enrolled in school within its jurisdiction.

 

Does Guam require the registration of juvenile offenders who are adjudicated in proceedings in Family Court as juveniles?

Yes. 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 §89.0l(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."

Can a Sex Offender move to or from Guam? Yes, as long as the Sex Offender is no longer on Probation or Parole supervision.

Yes.

Is there a “profile” of what sex offenders look like or the types of crimes they commit?

No, there is no profile of a “typical” sex offender. Sex offenders can be male or female, adult or juvenile, young or old. They also vary in terms of their level of education, marital status, and family ties. They may offend against adults or children, males or females, or both. They may have a long criminal history or none at all. Their crimes can range from non-contact offenses (e.g., exhibitionism or “flashing”) to contact offenses (e.g., fondling, rape). The reasons why they commit these offenses, the kind of help they need to try to stop offending, and the risks they pose are different in every case.

Can females be sex offenders?

Yes. While the majority of sex offenses are committed by males, females account for approximately 10% of sex crimes reported to police. But in studies in which individuals have been asked confidentially about whether they have ever been sexually victimized, the rates of sex crimes committed by females is often reported to be higher than these arrest rates. Some believe that sex crimes committed by females are less likely to be reported for a number of reasons; including fear that no one will believe a female could commit a sex crime.

Can sex offenders be “cured”?

No. Sex offending isn’t like an “illness” that will simply go away with a certain type of medication or treatment. This doesn’t mean that sex offenders cannot control their behavior. Specialized treatment can help sex offenders to develop important skills that can help them manage their behavior over time, which can reduce their chances of sexually abusing in the future. But whether someone will be successful depends on the person, and whether or not they are motivated to change their behaviors.

Are there rules sex offenders must follow if they are under probation or parole supervision?

Yes. If a sex offender is allowed to stay in the community under supervision – or is released from prison and returns to the community under supervision, restrictions and rules are always set. Some of the rules or expectations might include the following:

  • No contact with victims;
  • No or limited contact with minors;
  • Attend sex offender-specific treatment;
  • No use of alcohol or drugs;
  • Report to probation/parole officer as required.

Are there restrictions on where a sex offender can live?

It depends. Sex offenders who are under probation or parole supervision must have their home locations approved in order to make sure that it is appropriate (for example, not near or with children). Those offenders who are not under a court order or correctional supervision, however, and who are in the community without supervision have no such restrictions (unless they live in a jurisdiction that has residency restrictions).

How can I find out if someone is on the sex offender registry?

You may search the Guam Sex Offender Registry website by selecting a search option.  In addition, you may search the Dru Sjodin National Sex Offender Public Web site (http://www.nsopr.gov/), which is a search tool that allows citizens to submit a single query to obtain sex offenders through a number of search options.

I am a registered sex offender in another state and am going to visit Guam. What do I need to do?

Pursuant to Chapter 89, Title 9 GCA § 89.03. Registration; Duty to Register.

    (a) Persons Required to Register on Guam. The following persons shall have the absolute duty to register on Guam at the Judiciary of Guam, Probation Division, pursuant to this Chapter:

    (d) Registration Requirements for Persons Required to Register Pursuant to § 89.03(a); Initial Registration;

(1) Registry Requirements for Sex Offenders, In General. All persons required to register just register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student.
(2) Initial Registration, In General. All sex offenders shall initially register:
(D) no later than three
(3) working days after arrival on Guam

When must a covered offender register?

§ 89.03. Registration; Duty to Register.

Pursuant to § 89.03(a); Initial Registration;
(1) Registry Requirements for Sex Offenders, In General. All persons required to register must register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student.
(2) Initial Registration, In General. All sex offenders shall initially register:

(A) before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirements, if the person is so incarcerated on or after the date of the enactment of this statute. Intentional or knowing failure to provide this information shall result in the delay of that person’s release; (B) no later than three

(3) working days after being sentenced for that offense, if the sex offender is not sentenced to a term of imprisonment, if the person is sentenced on or after the date of the enactment of this statute;

(C) no later than the date the person is scheduled to be placed on probation. Intentional or knowing failure to provide this information by that date shall result in the revocation of the person’s probation and shall make that person ineligible for probation;
(D) no later than three (3) working days after arrival on Guam;
(E) if the registrant is on probation in another jurisdiction and that registrant's probation is to be transferred to Guam, then the Judiciary of Guam, Probation Division, may obtain the necessary information from the office of probation or parole of the jurisdiction from where the registrant came; said registrant is required to verify the registered information as required by this Chapter no later than three (3) calendar days after the person’s arrival on Guam. (3) Where a Person Identified as a Person Required to Register is on Supervised Parole or Probation at the Time of the Passage of This Law and Is Not Currently Registered. Initial registration information must be provided to the Judiciary of Guam, Probation Division, Sex Offender Registry Management Office no later than ninety (90) calendar days after the effective date of this law. Intentional or knowing failure to register pursuant to this Subsection is a felony of the third degree, as noted under §89.05(a).

(4) Where a Person Required to Register is No Longer Under the Supervision of Either Probation or Parole at the Time of the Passage of This Law and Is Not Currently Registered. Sex offenders required to register pursuant to this Chapter who fall within this category type shall have the absolute duty to report to and register with the Judiciary of Guam, Probation Division, Sex Offender Registry Management Office. Intentional or knowing failure to register pursuant to this Subsection is a felony of the third degree, as noted under §89.05(a).

(5) Conviction Jurisdiction. Any person who has been or is convicted on Guam that is required to register under this Chapter, but does not plan to reside in Guam, be employed on Guam, or register or enroll in a school on Guam, and upon release will reside in another jurisdiction, be employed or will be registering or enrolling in a school in another jurisdiction, shall still be required to register initially in Guam, and upon relocating to the other jurisdiction, the registrant shall be required to make an in-person registration appearance within three (3) working days of commencing residence or employment in that jurisdiction.

(6) Incarceration Jurisdiction. Any person who has been convicted in another jurisdiction, other than in Guam, but the person will be released from custody of the conviction jurisdiction and released to the custody of Guam and incarcerated on Guam, such registrant, prior to the registrant being released from incarceration on Guam, shall be required to initially register in-person on Guam. (e) Registration Requirements; Frequency, Verification, Duration, and Reduction.

(1) A registrant must verify their registration in person with the Judiciary of Guam, Probation Division, in the manner specified in this Section. At each in-person verification the sex offender shall:

(A) permit the Judiciary of Guam, Probation Division, to take a photograph of the offender, and
(B) review existing information for accuracy and update, as necessary, any changes to existing registration information.

(2) Level One Offender. A person who is a Level One Offender shall verify the following registered information ninety (90) calendar days from the date of initial registration; and shall appear in person once every ninety (90) calendar days thereafter to verify and update
their registration information for the rest of their lives. If the ninetieth (90th) day falls on a weekend or holiday, the registrant shall appear on the following working day.

(3) Level Two Offender. A person who is a Level Two Offender shall verify the following registered information one hundred eighty (180) calendar days from the date of initial registration; and shall appear in person once every one hundred eighty (180) calendar days thereafter to verify and update their registration information for the rest of their lives. If the one hundred eightieth (180th) day falls on a
weekend or holiday, the registrant shall appear on the following working day.

(4) Level Three Offender. A person who is a Level Three Offender shall verify the following registered information one (1) year from the date of the registrant’s initial registration; and shall appear in person once every year thereafter to verify and update their registration information for fifteen (15) years. If the date the registrant is to verify falls on a weekend or holiday, the registrant shall appear on the following working day.

(5) If any new information or change in information is obtained at an in-person verification, the Judiciary of Guam, Probation Division, shall immediately notify:

(A) all other jurisdictions in which the sex offender is required to register of the information or change in information;
(B) the Guam Police Department; and
(C) any other appropriate governmental agency as determined by the Judiciary of Guam, Probation Division. (f) Keeping the Registration Current. A sex offender who is a resident of Guam shall:

(1) no later than three (3) working days after each change of name, residence, employment, student status, or termination of
residence, appear in person at the Judiciary of Guam, Probation Division, and inform the Judiciary of Guam, Probation Division of all changes in the information required for that sex offender in the sex offender registry. If a registrant anticipates moving from Guam, that registrant shall register in person his intended place of residence with the Judiciary of Guam, Probation Division, no later than three (3) calendar days before his departure from Guam; and

(2) no later than three (3) working days after each change in temporary lodging information, vehicle information, internet identifiers, or telephone numbers, immediately notify the Judiciary of Guam, Probation Division, and inform the Judiciary of Guam, Probation Division, of all changes in the information required for that sex offender in the sex offender registry.

(3) The Judiciary of Guam, Probation Division, shall immediately provide the updated information, via electronic forwarding, to:

(A) all other jurisdictions in which the sex offender is required to register;
(B) the Guam Police Department; and
(C) any other appropriate governmental agency as determined by the Judiciary of Guam, Probation Division. (g) Registration Requirement; Guam Residents Who are Employed, Carry on a Vocation, or are Students in Another Jurisdiction. A person who is required to register on Guam and who is employed, carries on a vocation, or is a student in another jurisdiction shall also register in that other jurisdiction pursuant to the registration requirements of that jurisdiction. (h) Registration Requirement; Sex offenders Who Move to Another Jurisdiction. When a sex offender who is required to register on Guam anticipates moving to another jurisdiction, that registrant shall report the change of address to the Judiciary of Guam, Probation Division, pursuant to the requirements of this Chapter, and comply with any registration requirement of the new jurisdiction.

Where do I go to register?

You may register at the Guam Sex Offender Registry Management Office at:

Guam Judicial Center
Probation Services Division
120 West O’Brien Drive
Hagatna, Guam 96910
(671)475-3460/69

Who can I contact to report inaccurate information about a covered offender or information about a possible unregistered offender?

You may contact the Guam Sex Offender Registration Management Office at:

Guam Judicial Center
Probation Services Division
120 West O’Brien Drive
Hagatna, Guam 96910
(671)475-3460/69

What do I do if I believe a registered sex offender is violating the law?

If you have concerns about a registered sex offender in your community, please do not attempt to take matters into your own hands. Contact the Guam Police Department or the Guam Sex Offender Registry Office. It is important to remember that specific questions about what an offender can or cannot legally do must be answered by a qualified law enforcement officer.