Guam § 43 - Theft by Receiving Stolen Property; Defined.

§ 43. 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

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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

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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.

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(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.