D.__Placing for public use or operating an unlicensed video gaming terminal in this State.

3.__Class D crimes by any person.__A person who violates any provision of this chapter or any rule adopted under this chapter for which a specific penalty is not provided commits a Class D crime.

§395.__Seizure and forfeiture of illegal gaming machines

1.__Forfeiture.__An illegal gaming machine, including any monetary contents, is subject to forfeiture to the State.

2.__Court jurisdiction.__An illegal gaming machine and any monetary contents may be declared forfeited by any court that has jurisdiction over the illegal machine or final jurisdiction over any related criminal proceeding brought under this chapter or by the Superior Court for Kennebec County.__Property subject to forfeiture may be kept or stored at any location within the territorial boundaries of the State and is subject to the authority of any court in which a petition seeking the forfeiture of that property is filed.

3.__Procedure.__Forfeitures under this section must be accomplished by the following procedure.

A.__A district attorney or the Attorney General may petition the Superior Court in the name of the State in the nature of a proceeding in rem to order forfeiture of an illegal gaming machine__and any monetary contents.__The petition must be filed in the court having jurisdiction over the property.

B.__The proceeding is an in rem civil action, in which the State has the burden of proving all material facts by a preponderance of the evidence.

C.__The court shall order the State to give notice of the pendency of the action and the right to be heard by certified or registered mail or hand delivery by a deputy sheriff to any person who appears to have an interest in the illegal machine__and any monetary contents.__Receipt by a person then licensed to operate a motor vehicle in the State is presumed when notice is mailed to the last known address of that person on file with the Department of the Secretary of State, Bureau of Motor Vehicles.