Importation of Gambling Devices to Guam Illegal:

Defined and Punished.

(a)A person commits a felony when he imports or attempts to import, or causes to import a gambling device, whether COL6/5/2019 CH. 64 GAMBLING operable or not, into the territorial jurisdiction of Guam, or manufactures a gambling device within the Territory of Guam.

(b)As used in this Section, gambling device means any coin operated device which, when operated, may return winnings (other than free games not redeemable for cash) of value to the user based partially or completely upon chance, by the operation of which a person may become entitled to receive winnings of value.

(1)It does not include pinball and other amusement machines or devices which are predominantly games of skill, whether affording the opportunity of additional chances or free plays or not.

(2)It does include any slot machines, video poker machines and other machines or devices which afford the opportunity of winnings, payouts, malfunction refunds to the player, or giving the player or user anything of value under any guise or form based partially or completely upon chance.

(c)Any gambling device in violation of this Section shall be subject to seizure and forfeiture. Any slot machine shall be subject to seizure and forfeiture.

(1)Any property subject to forfeiture under this Section shall be seized by a peace officer, including Guam Customs Officer, upon process issued by the Superior Court, except that seizure without such process may be made when the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; the property subject to seizure has been the subject of a prior judgment in a criminal injunction or forfeiture proceeding based upon this Section; or the peace officer has probable cause to believe that the property has been used or intended to be used in violation of this Section. In the event of a seizure pursuant to this Subsection, proceedings under Subsection

(d)shall be instituted promptly.

(d)Property taken or detained under this Section shall not be repleviable, but shall be deemed to be in the custody of the COL6/5/2019 CH. 64 GAMBLING government subject only to the orders and decrees of the Court. Whenever property is seized under the provisions of this Section, the government shall destroy all gambling devices seized and forfeited upon order of the Court.

(e)Any person found guilty of the importation, attempted importation or causing the importation of gambling devices to Guam, or who is found guilty of manufacturing a gambling device in Guam, shall be guilty of a felony and be subject to imprisonment for not more than five

(5)years, a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) per gambling device, or both such fine and imprisonment.