Theft by Receiving Stolen Property; Defined

(a)A person is guilty of theft if he intentionally receives, retains or disposes of movable property of another knowing that it has been stolen or believing that it has probably been stolen. It is a defense to a charge of violating this Section that the defendant received, retained or disposed of the property with intent to restore it to the owner.

(b)Where the defendant is in the business of buying, selling or otherwise dealing in property, proof that he obtained stolen property without having made reasonable inquiry whether the person from whom he obtained it has the legal right to sell or deliver it, and that he obtained it under circumstances which COL9/7/2021 CH. 43 THEFT AND RELATED OFFENSES should have caused him to make such inquiry, gives rise to an inference that he obtained it knowing that it has been stolen or believing that it has been probably been stolen.

(c)Any person or corporation which is in the business of buying or selling gold, diamonds, coins, silver, or gems or jewelry shall retain for a minimum of one

(1)year after the last entry a log book of all purchases made from on-island sources, indicating the nature of the items bought, the name and address of the seller, the price paid, and the date of purchase. In addition, in the case of items purchased from a person not in the business of selling gold, coins, diamonds, gems, silver, or jewelry, the purchaser shall either take a picture of the seller, or shall obtain identification from the seller containing a picture. The above records shall be made available to law enforcement officers upon request.

(d)Any person or corporation which is in the business of buying or selling gold, diamonds, coins, silver, or gems or jewelry shall retain all items purchased on Guam from persons not business licensed for the purpose of buying or selling gold, diamonds, coins, silver, gems or jewelry for a period of seven

(7)days before selling, melting, destroying, or otherwise disposing of such items purchased on Guam.

(e)It shall be unlawful for any person to knowingly purchase gold, diamonds, jewelry, silver, gems or coins from any person under the age of eighteen

(18)years, provided that nothing herein shall be construed as prohibiting the parent or guardian of a minor child from selling gold, diamonds, jewelry, coins or gems belonging to a minor child, on behalf of said child.

(f)Any person, corporation or entity who, as a substantial part of a business, buys and sells used items, including copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include recyclable aluminum cans and including any contractor who buys copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include recyclable aluminum cans, in the course of conducting his or her business, shall retain, for a minimum of one

(1)year form authorized by the Chief of Police of all purchases of copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include recyclable aluminum cans from on-island sources, indicating the COL9/7/2021 CH. 43 THEFT AND RELATED OFFENSES nature and a reasonable estimate of the size, shape, weight, and length of the items bought, the name, signature and address of the seller, the price paid, and the date of purchase, telephone number, and shall obtain and maintain a copy of each seller’s identification documents, including, but not limited to, a government driver’s license, government identification card or passport, and a copy of the registration certificate of the vehicles used to transport the copper wire, bronze, brass, aluminum and other non ferrous metals but shall not include recyclable aluminum cans, the name of the employee representing the scrap metal business in the transaction. The above records shall be made available to law enforcement officers upon request. Copies of all completed forms or paper of information required by this Section, immediately upon purchase of the copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include recyclable aluminum cans, shall be immediately transmitted via email or by facsimile transmittal to the Guam Police Department.

(g)Any person, corporation or entity who, as a substantial part of a business, buys and sells used items, including copper wire, bronze, brass, aluminum and other non ferrous metals but shall not include recyclable aluminum cans, and including any contractor who buys copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include recyclable aluminum cans, in the course of conducting his or her business, who purchases said items from persons who do not have a business license for buying or selling copper wire, bronze, brass, aluminum and other non ferrous metals, but shall not include recyclable aluminum cans, shall keep such items for a period of seven

(7)days before altering, selling, melting, destroying, or otherwise disposing of said items purchased on Guam.

(h)Any knowing violation of Subsections (c),

(d)or

(e)of § 43.50 of Chapter 43 of Title 9 GCA shall be a misdemeanor upon the first conviction of any such violation, and shall be a felony of the third degree for any subsequent offense. Any violation of Subsections

(f)or

(g)shall be a felony of the third degree. A third conviction of any such violation shall require revocation of the offender’’s business license. COL9/7/2021 CH. 43 THEFT AND RELATED OFFENSES

(i)Any violation of subsections

(f)or (g), shall be punishable by a term of one

(1)to five

(5)years in prison, a fine of Ten Thousand Dollars ($10,000) to Twenty-five Thousand Dollars ($25,000) and restitution per incident. The amount of restitution shall include the replacement cost of the item, the cost of repairs for damages caused by the theft and the cost associated with the loss of use of the item.