Illegal Gambling & Gaming
California Penal Code Sections 330 through 337
Illegal Gambling & Gaming crimes are found at California Penal Code sections 330-337. There is a wide variety of crimes that may be considered illegal gambling or gaming, including permitting a poker game for money in your home, illegal lotteries, bookmaking, illegal fund raising with games of chance, doping horses used for legal racing, bribing players or judges in sporting events, and even accepting a wager can all be considered illegal gambling or gaming under PC 330-337.
Permits the most popular gambling or gaming charge is found at PC 337a, bookmaking or wagering. Other gaming crimes are discussed below.
In order for the District Attorney to prove that the defendant is guilty of PC 337a he must prove that:
- The defendant received or held money, or something of value, and
- The defendant knew that is was given to him as a bet.
A bet is an agreement between two or more people that if an uncertain future event happens, the loser will pay something of value (usually money) to the winner. If the agreement is made on the outcome of a sporting event it is not necessary that the sporting event actually take place. The crime is complete upon the act of wagering or betting.
Of course, different gambling and gaming charges will require different elements which must be proved by the District Attorney. For example, PC 337a(a)(2) is charged for keeping a place for recording bets, whereas PC 337f(a) is charged for doping a race horse. Obviously, the two different crimes will have different types of evidence that is required to be proved by the district attorney before the defendant may be found guilty.
Sentence & Punishment for PC 330-337 Crimes
Most gambling and gaming charges can be charged as either a misdemeanor or as a felony in California. For most misdemeanor convictions of illegal gambling or gaming the defendant could face up to a year in county jail. For all felony convictions of illegal gambling or gaming the defendant could face up to three years in prison.
Whether or not the District Attorney charges misdemeanor or felony gambling or gaming charges depends on many factors, such as the amount of money and sophistication involved in the gambling or gaming, the criminal history of the defendant, and more.
In many cases, it may be possible to have PC 330 or 337 charges dismissed. In other cases, it may be possible to have the charges reduced to lesser offenses so as to avoid the harsh penalties associated with illegal gambling or gaming.
In addition to any possible jail or prison sentence, possible consequences of a conviction for illegal gambling or gaming include possible probation, U.S. immigration consequences (for non-U.S. citizens only), professional license or occupational permit restrictions, denials, or revocations, monetary fines, stay-away orders (orders to stay away from certain persons or places), and more.
Note: Felony convictions of PC 330 - 337 will prohibit the defendant from owning or possessing a firearm. Also, gaming crimes are not considered violent or serious as those terms are defined in California's Three Strikes Sentencing Law; however, gaming crimes may be considered crimes of moral turpitude for purposes of immigration or professional licensing issues.
Defenses to PC 330 through 337 Crimes
Common defenses to illegal gaming or gambling charges include: insufficient evidence to prove defendant placed a bet or wager, mistake of fact, entrapment, statute of limitations, coerced confessions, and more.
If you have been charged with illegal gambling or gaming under PC 330-337, contact our experienced and successful criminal defense attorneys today.
Our attorneys will patiently review your charges, aggressively represent you through the stressful and complicated criminal court procedures, and advise you of your rights and defense options. There is no fee for initial consultations. Call today!
More Gaming Crimes & Sentences
- PC 330a Conduct gaming (Charged as a misdemeanor with a sentence up to 180 days in jail)
- PC 331 Permit Gaming in House (Charged as a misdemeanor with a sentence up to 180 days in jail)
- PC 332 Obtain money by fraud through gaming (Charged as a misdemeanor with a sentence up to 1 year in jail)
- PC 337a Pool selling/bookmaking/or wagering (Misdemeanor or felony with sentences discussed above)
- PC 337a(a) Pool selling/bookmaking/or wagering w/prior (Charged as a misdemeanor with a sentence up to 1 year in jail)
- PC 337(a)(1) Engage in bookmaking or pool selling (Charged as a misdemeanor or as a felony with a 1-3 year jail or prison sentence)
- PC 337a[2) Maintaining a bookmaking place (Charged as a misdemeanor or as a felony with a 1-3 year jail or prison sentence)
- PC 337a Make or accept a wager (Charged as a Misdemeanor or as a felony with a 1-3 year jail sentence)
- PC 330-337 crimes & penalties continued on right.
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PC 330 - 337: Gaming and Gambling Crimes
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PC 330 - 337: Gaming Gambling Crimes
- Conduct Gaming
- Criminal Threats
- Domestic Violence
- Drunk in Public
- Elder Abuse
- False Personation
- Gaming Crimes
- Hit and Run
- Indecent Exposure
- Lewd Acts
- Permit Gaming
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Gaming Crimes Continued
- PC 336 Allow minors to gamble in drinking places (Charged as a misdemeanor with a sentence up to 180 days in jail)
- PC 332 Three card monte crimes (Charged as a misdemeanor with a sentence up to 1 year in jail)
- PC 331 Owner or tenant permitting gaming (Charged as a misdemeanor with a sentence up to 180 days in jail)
- PC 330.1 Slot machine possession (Charged as a misdemeanor with a sentence up to 180 days in jail)
- PC 330.4 Slot machine possession (Charged as a misdemeanor with a sentence up to 180 days in jail)