Definitions. — Guam Code § 28

§ 28. Definitions.

As used in this Article:

(a) Material means any picture, drawing, photograph,

motion picture or pictorial representation, or any statue or

other figure, or any mechanical, chemical or electrical

reproduction, or anything which is or may be used as a

means of communication (other than the written or spoken

word). Material includes molds, printing plates and other

latent representational objects.

(b) Prurient interest means a shameful or morbid

interest in nudity, sex or excretion.

(c) Performance means any physical human bodily

activity, whether engaged in alone or with other persons,

including but not limited to dancing, acting, simulating or

pantomiming which is either public or for commercial gain.

(d) Distribute means to transfer possession of material.

(e) Any material or performance is obscene if:

(1) The average person, applying contemporary

community standards, finds that the material or perfor-

mance, taken as a whole, appeals to the prurient

interest; and

(2) The material or performance depicts or de-

scribes in a patently offensive way, sexual conduct,

normal or perverted, actual or simulated; and

(3) The material or performance, taken as a whole,

lacks serious literary, artistic, political or scientific

value.

(f) Sadomasochistic abuse means flagellation or

torture by or upon a person as an act of sexual stimulation

or gratification.

(g) Sexual conduct means acts of masturbation, excre-

tory functions, lewd exhibition of the genitals,

sadomasochistic abuse, bestiality, sexual intercourse or

physical contact with a person's clothed or unclothed

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genitals, pubic area, buttocks or the breast or breasts of a

female for the purpose of sexual stimulation, gratification or

perversion.

(h) Owner means any person who owns or has legal

right to possession of any material.

(i) Pornographic means any material or performance

which all of the following coalesce:

(1) The average person, applying contemporary

community standards, would find that taken as a

whole, it appeals to the prurient interest.

(2) It depicts or describes sexual conduct in a

patently offensive way.

(3) Taken as whole, it lacks serious literary,

artistic, political, or scientific merit.