Guam § 64 - Importation of Gambling Devices to Guam Illegal:

§ 64. 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

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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

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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.