GCA Title 9, Chapter 64
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CHAPTER 64 GAMBLING
2014 NOTE: Unless otherwise indicated, Comments and Cross References are the original annotations from the Criminal and Correctional Code (1977), enacted by P.L. 32-185 (Sept. 2, 1976). These annotations were included when the Criminal and Correctional Code (1977) was ‘recodified’ as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1980). These original annotations were retained in past print publications of the GCA,and are included herein for historical purposes. The Source notes, however, have been updated to reflect subsequent changes to each provision. Other annotations in this Chapter, including explanatory notes, were added by the Compiler in past publications of the GCA.
- Article 1. Gambling Generally.
- Article 2. Authorized Activities.
ARTICLE 1 GAMBLING GENERALLY
§ 64.10. Gambling; Defined & Punished.
(a) Except as otherwise provided by this Chapter, a person commits a misdemeanor when he:
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(1) makes or accepts a wager involving money or anything of monetary value upon the result of any game or contest; (2) holds any money or anything of monetary value which he knows has been wagered in violation of Paragraph (1); or (3) sets up or promotes any lottery or sells or buys any lottery ticket. (b) As used in this Section, lottery means a plan whereby prizes are distributed by chance among persons who have paid or promised to pay anything of monetary value for a chance to win a prize. SOURCE: G.P.C. §§ 319-321, 330, 330a, 532b; See also §§ 322, 323, 331; *Cal § 1555(a)(c) (1971). CROSS-REFERENCES: §§ 4.60, 4.65 -Aiding, Facilitating an offense; § 64.30 -Social Games; § 64.40 - Cockfight; § 64.50 -Authorized lotteries; §§ 64.60-64.68 - Bingo.
§ 64.15. Use of Electronic Machine or Device to Conduct Sweepstakes Illegal.
(a) Definitions. As used in this Section, unless the context clearly requires otherwise, the following words shall have the following meanings: (1) (A) Electronic machine or device means a mechanically, electrically or electronically operated machine or device that is owned, leased, or otherwise possessed, by a sweepstakes sponsor or promoter, or any sponsors, promoters, partners, affiliates, subsidiaries, or contractors thereof, that is intended to be used by a sweepstakes entrant, that uses energy, and that is capable of displaying information on a screen or other mechanism. This Section is applicable to an electronic machine or device whether or not it:
- (i) is server-based; (ii) uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;
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(iii) utilizes software such that the simulated game influences or determines the winning or value of the prize; (iv) selects prizes from a predetermined finite pool of entries; (v) utilizes a mechanism that reveals the content of a predetermined sweepstakes entry; (vi) predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed; (vii) utilizes software to create a game result; (viii) requires deposit of any money, coin, or token, or the use of any credit card, debit card, prepaid card, or any other method of payment to activate the electronic machine or device; (ix) requires direct payment into the electronic machine or device, or remote activation of the electronic machine or device; (x) requires purchase of a related product having legitimate value; (xi) reveals the prize incrementally, even though it may not influence whether or not a prize is to be awarded or the value of any prize awarded; (xii) determines and associates the prize with an entry or entries at the time the sweepstakes is entered; (xiii) is a slot machine or other form of electrical, mechanical, or computer game. (B) Electronic machine or device also includes gambling devices as defined in § 64.20(b) of this Chapter.
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(2) Enter or entry means the act or process by which a person becomes eligible to receive any prize offered in a sweepstakes. (3) Entertaining display means any visual information, capable of being seen by a sweepstakes entrant, that takes the form of actual game play, or simulated game play. (4) Game play or simulated game play means any game play whether actual or electronically simulated which when played may return winnings (other than free games not redeemable for cash) of value to the user based partially or completely upon chance, which a user is required to participate in prior to the reveal of a prize, or the receipt of anything of value. (5) Prize means any gift, award, gratuity, good, service, credit, or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize. (6) Sweepstakes means any game, advertising scheme or plan, or other promotion, which uses an electronic machine or device as defined in this Section, with or without payment of any consideration, that a person may enter to win or become eligible to receive any prize, the determination of which is based partially or completely upon chance. (b) It shall be unlawful for any person to operate or knowingly possess with the intent to operate, or place into operation, an electronic machine or device to: (1) conduct a sweepstakes through the use of an entertaining display, including the entry process or the reveal of a prize; or (2) promote a sweepstakes that is conducted through the use of an entertaining display, including the entry process or the reveal of a prize .
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(c) Nothing in this Section shall be construed to make illegal any activity which is lawfully conducted pursuant to Title 9 GCA, Chapter 64, Article 2. SOURCE: Added by P.L. 32-130:1 (Feb. 13, 2014). 2017 NOTE: Subsection/subitem designations altered/added in subsection (a) pursuant to authority of 1 GCA § 1606.
§ 64.16. Forfeiture of Electronic Machine or Device Used to Conduct Sweepstakes.
(a) Upon a determination by the Department of Revenue and Taxation or the Attorney General that probable cause exists to believe that any electronic machine or device is being operated or is intended to be operated to conduct a sweepstakes or promote a sweepstakes in violation of Title 9 GCA § 64.15 above, the electronic machine or device shall be subject to immediate seizure by law enforcement officials from the Department of Revenue and Taxation, the Guam Police Department, or the Office of the Attorney General. (b) Any government entity in possession of a seized electronic machine or device shall retain the item pending a disposition order from a Superior Court judge. (1) Upon application by the Department of Revenue and Taxation, or the Attorney General, or the owner of the electronic machine or device, and after notice to all parties and an opportunity to be heard by all parties, (A) if the court determines that it is unlawful to possess the electronic machine or device, the Director of the Department of Revenue and Taxation, or the Attorney General, may have the electronic machine or device destroyed, or may use the electronic machine or device for training, or may sell the electronic machine or device at an auction to be held at the place where the electronic machine or device is located, or at another place as determined by the Director of the Department of Revenue and Taxation, or the Attorney General. (B) If the court determines that the electronic machine or device is not unlawful to possess under
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Title 9 GCA § 64.15, the electronic machine or device shall be ordered released to its owner upon satisfactory proof of ownership. (2) Neither the government of Guam nor its officials, employees or agents shall be liable for the seizure of electronic machines and devices under this statute when a court determines that the electronic machine or device is ordered to be released to its owner. (c) The foregoing procedures for release shall not apply with respect to an item seized for use as evidence in any criminal action or proceeding until after entry of final judgment. SOURCE: Added by P.L. 32-130:2 (Feb. 13, 2014). 2017 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 GCA § 1606.
§ 64.17. Penalties.
(a) Any person who violates Title 9 GCA § 64.15 shall be guilty of a felony punishable by imprisonment of not more than five (5) years and a fine not to exceed 250,000, to be assessed by a decision and order of the Director of the Department of Revenue and Taxation. Each violation of Title 9 GCA § 64.15 shall be considered a separate offense. (1) Before issuing a decision and order assessing an administrative penalty, the Department of Revenue and Taxation shall give written notice, in the form of an accusation, to the person to be assessed an administrative penalty. (2) The person to be assessed an administrative penalty shall be entitled to notice, to a hearing before the Director of the Department of Revenue and Taxation, and to review by the Superior Court according to the procedures in Articles 1 and 2 of the Administrative Adjudication Law.
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(3) (A) If any person fails to comply with an administrative penalty decision and order after the assessment has become final, or after a court in an action brought pursuant to the Administrative Adjudication Law has entered a final judgment in favor of the Director of the Department of Revenue and Taxation, the Attorney General of Guam may bring a civil action to enforce the order and to recover the amount ordered or assessed, plus interest of six percent (6%) per annum from the date of the final administrative decision and order or the date of the final judgment, as the case may be. In this action, the validity, amount, and appropriateness of the penalty assessed by the administrative decision and order or the final judgment of the court made after an appeal of the administrative decision and order shall not be subject to review. The Director of the Department of Revenue and Taxation need only show that:
- (i) notice was given; and (ii) a hearing was held, or the time granted for requesting a hearing has run without a request for a hearing; and
- (iii) the penalty was imposed; and
- (iv) the penalty remains unpaid. (B) A judgment of the court entered under this Subpart (3) of § 64.17(b) may be enforced and collected in the same manner as a money judgment of the Superior Court. SOURCE: Added by P.L. 32-130:3 (Feb. 13, 2014). 2017 NOTE: Subsection/subitem designations altered/added in subsection (b)(3) pursuant to authority of 1 GCA § 1606.
§ 64.20. 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. SOURCE: G.P.C. § 330a; *Cal. § 1560 (1971). Subsection (b) amended by P.L. 18-007:11 (July 8, 1985). Repealed and reenacted by P.L. 19004:3 (May 21, 19