Penal Code § 337 PCC - Bookmaking, Pool-Selling & Wagering
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1. What is Penal Code § 337 PC?
Penal Code § 337 PC Law Reads As Followed:
“Any person who engages in, or solicits, or accepts, or aids in soliciting or accepting, any bet or wager upon the result of any trial or contest of skill, speed, or power of endurance of person or animal, or upon the result of any lot, chance, casualty, unknown or contingent event whatsoever, or upon the result of any election, or upon any game, contest, or trial, or who operates or keeps any place for the purpose of engaging in or soliciting or accepting any such bets or wagers, or who knowingly permits any premises owned, occupied or controlled by such person to be used for any of the purposes aforesaid, is guilty of a felony or misdemeanor punishable by imprisonment in the county jail or state prison, or by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by both that fine and imprisonment.”
2. What are Examples of Penal Code § 337 PC?
Penal Code § 337 PC prohibits various forms of illegal gambling activities in California, including bookmaking, pool-selling, and wagering. To better understand how these laws apply, here are some common examples of conduct that would violate this statute:
1. Running a Sports Betting Operation
Example: Alex sets up a small sports betting operation at his home, where he invites friends to place bets on football games. Alex records each bet and ensures that he profits regardless of the outcome by charging a percentage of each bet. Even though the operation is informal and involves only his friends, Alex is engaging in bookmaking, which is illegal under Penal Code § 337 PC.
2. Operating a Betting Pool for Horse Racing
Example: Sarah organizes a betting pool among her coworkers for an upcoming horse race. Each participant contributes money, and the winner receives the entire pool based on the outcome of the race. Sarah facilitates the betting by collecting the money and recording the bets. Even though she isn’t a professional bookie, Sarah is violating the law by engaging in pool-selling under Penal Code § 337 PC.
3. Occupying a Location for Bookmaking Purposes
Example: Tom rents a small office where he records bets on boxing matches. He has a computer and various equipment for keeping track of bets and the associated winnings. Even though Tom hasn’t actively taken any bets yet, the fact that he has occupied a location and set up the tools necessary for bookmaking is enough to violate Penal Code § 337 PC.
4. Receiving Money to Forward Bets
Example: Cameron works as a driver for a local bookie, and his job is to collect money from individuals who have placed bets and deliver it to the bookie’s location. Cameron knows that the money he is transporting is tied to illegal betting activities. Since he is involved in the process of receiving and forwarding money for betting, Cameron is guilty under Penal Code § 337 PC.
5. Allowing a Friend to Use Property for Bookmaking
Example: Jake lets his friend Marcus use his basement to run a small gambling operation during football season. Marcus takes bets on games and pays out winnings to participants. Although Jake is not directly involved in the betting, he knows that Marcus is using his property for this purpose. Under Penal Code § 337 PC, Jake can be charged for allowing his property to be used for illegal bookmaking.
6. Making or Accepting Bets in a Gambling Scheme
Example: Rachel places a bet with a local bookmaker on the outcome of a basketball game. She knows that the bookie is running an illegal operation but participates anyway. Rachel’s involvement in placing a bet is enough to violate Penal Code § 337 PC, even though she is not the organizer of the gambling scheme.
7. Hosting an Online Betting Operation
Example: Tony creates a website where users can place bets on various sports events. The site operates similarly to an online bookmaker, with Tony taking a cut from the total wagers. Since bookmaking and pool-selling are illegal in California, Tony’s website violates Penal Code § 337 PC by facilitating online betting activities.
8. Casual or Minor Betting Pools
While Penal Code § 337 PC covers a wide range of illegal gambling activities, small and casual betting pools can sometimes be exempt under Penal Code § 336.9 PC. For example, a low-stakes “Fantasy Football” league among friends with less than $2,500 at stake would generally not result in criminal charges. However, if the pool exceeds $2,500 or if participants are acting as professional bookmakers, those involved could face charges under Penal Code § 337 PC.
3. What are the Common Defenses Against Penal Code § 337 PC?
Being charged under Penal Code § 337 PC for bookmaking, pool-selling, or wagering in California can result in serious consequences, including potential jail time and heavy fines. However, there are several legal defenses that a skilled attorney can use to fight these charges and potentially have them reduced or dismissed. Below are some common defenses against charges brought under Penal Code § 337 PC.
1. Lack of Knowledge or Intent
To be convicted under Penal Code § 337 PC, prosecutors must prove that the accused knowingly engaged in or facilitated bookmaking, pool-selling, or wagering activities. If the defendant didn’t know that they were participating in illegal gambling activities, this defense could be effective.
Example: If you were delivering an envelope containing money for a friend, and you did not know the money was connected to illegal gambling, your attorney could argue that you lacked the necessary intent to be convicted under the statute.
2. Duress or Coercion
In some cases, individuals may be forced to participate in illegal gambling activities against their will due to threats of harm. If you were coerced into taking part in bookmaking or pool-selling because you were under threat of violence or other harm, you may be able to use the legal defense of duress.
Example: If a bookie threatened you with harm if you didn’t help him collect bets or manage the gambling operation, your defense attorney could argue that you acted under duress and should not be held responsible for the illegal activities.
3. Entrapment
Entrapment occurs when law enforcement officers or agents induce someone to commit a crime that they would not have otherwise committed. If the police or an undercover officer persuaded you to engage in bookmaking or wagering activities when you had no prior inclination to do so, you might be able to raise an entrapment defense.
Example: If an undercover officer encouraged you to set up a betting pool or accept wagers as part of a sting operation, your lawyer could argue that you were entrapped and would not have engaged in the illegal activity without police intervention.
4. Insufficient Evidence
In many cases, prosecutors may not have enough evidence to prove beyond a reasonable doubt that the defendant was involved in bookmaking, pool-selling, or wagering. A defense attorney can scrutinize the evidence and challenge the prosecution’s case by showing that the evidence is incomplete, unreliable, or improperly gathered.
Example: If the police seized materials they claim are related to bookmaking, but they can’t clearly link those materials to illegal gambling activities, your lawyer might argue that the evidence is insufficient to support a conviction under Penal Code § 337 PC.
5. Participation in Minor or Casual Betting Pools
California Penal Code § 336.9 PC provides an exemption for small-scale, casual betting pools where the total amount at stake is under $2,500, and none of the participants are acting as professional bookmakers. If your involvement in a betting pool was casual and did not involve large sums of money or organized gambling, your attorney could use this defense.
Example: If you and a group of friends were involved in a low-stakes Fantasy Football league with a $500 pool, you may not be subject to criminal penalties under Penal Code § 337 PC, and your lawyer could argue that your actions fall under the exemption provided by Penal Code § 336.9.
6. The Bets Were Legal
Not all gambling activities are illegal in California. Some forms of gambling, such as betting on horse races at licensed tracks or participating in state lotteries, are legal. If the bets or wagers were placed in a lawful manner, this could serve as a defense against Penal Code § 337 PC charges.
Example: If you were accused of bookmaking but the bets were placed at a legal, state-regulated horse racing venue, your attorney could argue that the activities were lawful and you should not face criminal charges.
7. No Physical or Direct Involvement in Bookmaking
In some cases, individuals are charged under Penal Code § 337 PC for their indirect involvement in gambling activities, such as owning a property where illegal betting occurs. If you did not directly engage in bookmaking, pool-selling, or wagering, and had no control or knowledge of the illegal activities, this could be a valid defense.
Example: If your property was used for bookmaking by another person without your knowledge or consent, your defense attorney could argue that you had no involvement in or awareness of the illegal activities.
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4. What are The Penalties for Violating Penal Code § 337 PC?
Violating California Penal Code § 337 PC, which covers illegal bookmaking, pool-selling, and wagering, can lead to severe legal consequences. Depending on the circumstances, violations can be charged as either a misdemeanor or a felony, and penalties can range from fines and jail time to lengthy prison sentences. Let’s explore the potential penalties for violating this statute.
1. Misdemeanor Penalties for Violating Penal Code § 337 PC
In many cases, bookmaking, pool-selling, or wagering is charged as a misdemeanor under California law. This typically occurs when the offense is not part of an organized or large-scale illegal gambling operation, and the defendant has no prior criminal history related to gambling offenses. Misdemeanor penalties can include:
Imprisonment in county jail: Up to 1 year.
Fines: A maximum fine of $5,000.
Probation: Defendants may be placed on summary (informal) probation instead of serving jail time. Probation may include conditions such as community service, attendance at gambling addiction treatment programs, or staying away from gambling establishments.
Example: A person is caught running a small, unlicensed betting pool on a few local sports events. Given that the operation was not large-scale, the prosecutor may decide to file misdemeanor charges.
2. Felony Penalties for Violating Penal Code § 337 PC
Violations of Penal Code § 337 PC may be charged as felonies if the case involves organized gambling operations, large sums of money, or if the defendant has prior gambling-related convictions. Felony penalties are more severe and include:
Imprisonment in state prison: Felony convictions can result in 16 months, 2 years, or 3 years of imprisonment in a California state prison.
Fines: Felony offenders can face fines up to $5,000.
Probation: In some felony cases, the court may grant formal (felony) probation instead of a prison sentence. Formal probation usually requires regular check-ins with a probation officer, compliance with strict conditions, and possibly paying restitution to victims.
Example: An individual runs a professional bookmaking operation that accepts bets on major sporting events. Due to the size of the operation and the amount of money involved, the prosecutor may charge the individual with felony bookmaking.
3. Penalties for Second and Subsequent Offenses
California law imposes harsher penalties on individuals who are convicted of violating Penal Code § 337 PC for a second or subsequent time. If a defendant has a prior conviction for bookmaking, pool-selling, or wagering, the penalties for any future violations will be more severe.
Jail Time: If you have one prior conviction for bookmaking, you could face up to 1 year in county jail in addition to any other penalties.
Fines: For a second violation of Penal Code § 337 PC, the fines can range from $1,000 to $10,000. For a third or subsequent offense, the fines may increase to $15,000.
Mandatory Jail Time: For multiple violations, the court may impose mandatory jail time even if probation is granted.
Example: If a person has previously been convicted of bookmaking and is caught engaging in the same activity again, they may face both higher fines and the likelihood of jail time, even if the prior conviction was for a misdemeanor offense.
4. Aggravating Factors and Increased Penalties
In some cases, the penalties for violating Penal Code § 337 PC may be enhanced if certain aggravating factors are present. These factors can lead to increased jail time, fines, or additional charges. Aggravating factors may include:
Organized Crime Involvement: If the defendant’s bookmaking operation is linked to organized crime or a criminal street gang, prosecutors may seek harsher penalties under California’s gang enhancement laws (Penal Code § 186.22).
Involvement of Minors: If minors were involved in the gambling activities, whether as bettors or participants, this could result in increased penalties.
Large Sums of Money: If the bookmaking operation involved substantial amounts of money or was run on a large scale, the prosecutor may push for a felony conviction and harsher penalties.
5. Probation and Alternative Sentencing
In many cases, first-time offenders may receive probation instead of a jail sentence. The court can order either summary (informal) probation or formal (felony) probation, depending on the circumstances of the case and the severity of the offense.
Summary Probation: Typically granted in misdemeanor cases, summary probation may require the defendant to follow specific conditions, such as attending a gambling addiction program or completing community service.
Formal Probation: For felony cases, formal probation is stricter and includes regular check-ins with a probation officer, mandatory attendance at court hearings, and possibly electronic monitoring or house arrest.
During probation, defendants must adhere to the terms set by the court. Failure to comply with probation conditions can result in the revocation of probation and the imposition of the original jail or prison sentence.
5. What are the Related Offenses To Penal Code § 337 PC?
Violations of California Penal Code § 337 PC, which addresses bookmaking, pool-selling, and wagering, can often be charged alongside or in connection with other related criminal offenses. These related offenses also target various forms of illegal gambling, fraud, and other criminal conduct that can accompany gambling operations. Let’s take a closer look at the offenses commonly associated with Penal Code § 337 PC.
1. Penal Code § 330 PC – Illegal Gaming
Under Penal Code § 330 PC, it is illegal to engage in or operate certain types of card games or gambling activities, including “banking” or “percentage” games, in which a house or banker takes a cut of the bets. These games are often associated with underground casinos or private gambling operations that violate California’s strict gaming laws.
Penalties: Violating Penal Code § 330 PC is a misdemeanor punishable by up to six months in county jail and/or fines ranging from $100 to $1,000.
Example: A person running an unlicensed poker game where the house takes a percentage of each pot would be guilty of illegal gaming under Penal Code § 330.
2. Penal Code § 332 PC – Gambling Fraud
Penal Code § 332 PC makes it illegal to obtain money or property through fraudulent gambling practices. This statute applies to individuals who trick others into gambling with rigged games, manipulated outcomes, or other deceptive schemes. Gambling fraud often involves games like “three-card monte” or dishonest betting practices designed to defraud participants.
Penalties: If the fraud involves more than $950, it can be charged as a felony with penalties including imprisonment for up to three years and/or fines. If the fraud involves $950 or less, it may be charged as a misdemeanor with up to one year in jail.
Example: A person sets up a game of three-card monte on a street corner, where the outcome is rigged so that participants cannot win. This person would be guilty of gambling fraud under Penal Code § 332.
3. Penal Code § 319 PC – Lotteries
Penal Code § 319 PC governs illegal lotteries in California. A lottery is defined as any scheme in which participants pay for a chance to win a prize based on a random drawing or event. While state-run lotteries are legal in California, private lotteries are generally prohibited unless they are conducted for charitable purposes under specific conditions.
Penalties: Violating Penal Code § 319 PC is a misdemeanor punishable by up to six months in county jail and/or fines.
Example: A person organizing an unauthorized lottery where participants pay an entry fee for a chance to win a large prize would be guilty of violating Penal Code § 319 PC.
4. Penal Code § 487 PC – Grand Theft
Penal Code § 487 PC involves the unlawful taking of property valued at $950 or more. Grand theft can occur in connection with illegal gambling operations when individuals steal money or property through fraudulent betting, rigged games, or manipulation of betting pools. For example, a person operating an illegal gambling operation may also commit grand theft if they intentionally deceive participants into losing large amounts of money.
Penalties: Grand theft is a wobbler, meaning it can be charged as a misdemeanor or a felony. Misdemeanor grand theft is punishable by up to one year in county jail, while felony grand theft can result in up to three years in state prison.
Example: An individual running an illegal betting pool deceives participants and takes over $950 from them without any chance of winning, thus committing grand theft in connection with the illegal gambling operation.
5. Business and Professions Code § 19955 – Operating an Illegal Gambling Establishment
Operating an illegal gambling establishment is prohibited under Business and Professions Code § 19955. This law applies to individuals who run or manage unlicensed gambling venues, such as underground casinos or private poker rooms. These establishments often operate without proper oversight, making them a target for law enforcement.
Penalties: Violations of Business and Professions Code § 19955 can result in misdemeanor charges, with penalties including jail time and significant fines. For larger operations, felony charges may apply.
Example: A person who sets up an illegal poker room in the back of a business and allows customers to gamble for money without a proper license would be violating Business and Professions Code § 19955.
6. Penal Code § 186.22 PC – Gang Enhancement
The Gang Enhancement Law under Penal Code § 186.22 PC allows for additional penalties if a crime, such as bookmaking, is committed for the benefit of, at the direction of, or in association with a criminal street gang. If prosecutors can prove that a gambling operation was linked to gang activity, defendants may face more severe consequences, including longer prison sentences.
Penalties: The gang enhancement can add two to four years to a defendant’s prison sentence for a felony conviction. In cases where a crime was committed to further gang activity, this enhancement may apply.
Example: If a bookmaking operation is found to be connected to a street gang, the individuals involved may face additional penalties under Penal Code § 186.22.
7. Penal Code § 330.1 PC – Slot Machines
California law under Penal Code § 330.1 PC prohibits the possession, operation, or transportation of slot machines or similar devices. Slot machines are considered illegal gambling devices in most cases, unless they are operated under strict regulations, such as in licensed casinos on Native American reservations.
Penalties: Violating Penal Code § 330.1 PC is a misdemeanor punishable by up to one year in county jail and/or fines.
Example: A person running an illegal gambling den with slot machines would be violating Penal Code § 330.1, in addition to any charges for illegal gaming.
8. Penal Code § 337a(e) – Using Property for Bookmaking
Under Penal Code § 337a(e), it is illegal to own or control property that is used for bookmaking, pool-selling, or other illegal gambling activities. This offense can apply to property owners, landlords, or individuals who knowingly allow illegal gambling operations to take place on their premises.
Penalties: Violations can be charged as either a misdemeanor or a felony, depending on the scope of the gambling activity and the defendant’s role in the operation.
Example: A landlord who knowingly rents out space for an illegal gambling ring could be charged under Penal Code § 337a(e).
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