Overview
Although Guam maintains a sentence enhancement law for people living with HIV who are convicted of sex work offences, we are not aware of any cases of enforcement in Guam.
The criminal law in Guam makes it an offence for anyone to engage in, agree to engage in, or offer to engage in ‘sexual conduct’ with another in return for a fee or other benefits. The offence, which criminalises people involved in both sides of the transaction, is a misdemeanour punishable by up to one year imprisonment and a fine. However, if committed by someone who is determined to have known that they were living with HIV at the time of the act, they are liable to be charged with an enhanced first degree felony, punishable with up to 20 years’ imprisonment and a fine.
‘Sexual conduct’ is defined broadly to include even acts of touching, which means that people living with HIV can be subject to severe enhanced penalties for conduct which carries no risk of transmission. Furthermore, there is no requirement for intent or actual transmission, and there are no defences for disclosure, condom use, or viral suppression.
Health laws also permit officials to order examinations and testing, as well as quarantine and isolation for up to 10 days of people suspected of living with communicable diseases during a ‘state of public health emergency’. Failure to comply is a misdemeanour punishable with up to one year imprisonment and fine.
For a detailed analysis of HIV criminalisation in the United States, see the Center for HIV Law and Policy report, HIV Criminalisation in the United States: a Sourcebook on State and Federal HIV Criminal Law and Practice.
Laws
Guam Code Title 9 § 28.10
Prostitution defined; Punishment established; Definitions
(a) A person who engages in, or agrees to engage in, or offers to engage in, sexual penetration or sexual contact or in any sexual conduct or act with another person in return for a fee or in consideration of a pecuniary benefit commits the crime of prostitution. It is the intent of this section that guilt attach to both the payor and the recipient of the fee or pecuniary benefit that is the consideration for the act of prostitution, except that a police officer engaged in the performance of his or her official duties in the performance of an investigation of offenses committed under this chapter shall not be charged under this section.
(b)
(1) A person convicted of prostitution shall be guilty of a misdemeanor; or
(2) A person convicted of a third offense of prostitution within three (3) years of the first two (2) offenses shall be guilty of a felony of the third degree; or
(3) A person convicted of prostitution who is determined to have known that he or she was infected with either HIV or AIDS at the time of the commission of the act shall be guilty of a felony of the first degree.
(c) As used in this section, the terms sexual penetration and sexual contact have the meanings provided by § 25.10 of this title.
Further resources
Not all laws used to prosecute people living with HIV in this state are included on this page. For a comprehensive overview and analysis of HIV-related criminal and similar laws and policies, visit The Center for HIV Law and Policy
Acknowledgements
