California Penal Code 330 PC outlaws gambling, including banking or percentage games. The law also prohibits playing social poker games and other games of chance, skill, and strategy that involve individual bets.
Under California law, gambling laws make it a crime to deal, play, carry on, or conduct any prohibited game, whether for hire or not.
A prohibited game means any game that qualifies as either a banking game or a percentage game. A banking game is one in which a house or bank participates and collects money from the losers, using it to pay the winners. The illegal gaming law lists a number of specific games to which it might apply, such as roulette and twenty-one.
PC 330 states, "Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment."
Dealing with criminal charges related to illegal gambling can be a complex matter, as the laws governing these activities often intersect both state and federal jurisdictions. This complexity underscores the need for professional legal representation to navigate the intricacies of the legal system.
What Are the Related Laws?
California has several laws that are related to illegal gambling, including obtaining money by gaming fraud, bookmaking, prostitution, and solicitation. Illegal gambling is a federal crime as well under 18 U.S.C. 1955.
- Obtaining money by gaming fraud (Penal Code 332 PC). This law makes it a theft crime to obtain someone else's money or property fraudulently: through card games or tricks such as three-card monte, betting or gambling, or pretensions to fortune-telling.
- Bookmaking (Penal Code 337 PC). This law makes it a crime to engage in bookmaking, pool-selling, occupying any building or room for the purpose of recording bets, receiving, holding, or forwarding money that is being wagered in a bet, or recording or registering bets.
- Prostitution and solicitation (Penal Code 647b PC). This law makes it a misdemeanor to pay or accept money in exchange for a sexual act, offer to engage in an act of prostitution, or agree to engage in an act of prostitution. Notably, establishments that offer illegal gambling are also often associated with prostitution.
- Illegal Gambling Business (18 U.S. Code 1955). This federal law prohibits illegal gambling businesses. It says "whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both. An illegal gambling business means a gambling business that involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day. Gambling includes pool-selling, bookmaking, maintaining slot machines, roulette wheels, or dice tables, as well as conducting lotteries, policy, bolita, or numbers games.
- The Wire Act (18 U.S.C. 1084). This act prohibits the use of wire communication facilities, including telephones and the internet, to transmit bets, wagers, or information that assists in the placing of bets on any sporting event or contest.
- The Travel Act (18 U.S.C. 1952). This statute makes it illegal to travel in interstate commerce or use the mail or any facility in interstate commerce with the intent to distribute the proceeds of any unlawful activity, including an illegal gambling business.
Federal gambling charges are typically reserved for large-scale, interstate, or organized criminal operations, while California state charges focus on illegal gambling activities within the state's borders.
Choosing a Defense Lawyer for Illegal Gambling
Effective legal representation against illegal gambling charges is crucial, and choosing the right criminal defense lawyer is a decision that should not be taken lightly. Several key factors should guide your decision, such as the following:
- Experience with Gambling Offenses. A crucial factor is the extent of their experience in handling cases involving illegal gambling. These cases often involve unique types of evidence, including financial records, digital communications, and testimony from informants.
- Dual-Jurisdiction. Gambling-related investigations often involve local police, state agencies, and federal bodies such as the FBI. The procedures, rules of evidence, and sentencing guidelines differ significantly between these two systems. Thus, it's essential to choose a lawyer who has experience working at both the state and federal levels of crime.
- Investigative Resources. A strong defense requires a thorough investigation into the prosecution's case to uncover weaknesses, inaccuracies, or procedural errors. A good attorney will have access to a network of skilled investigators and expert witnesses to assist with this aspect of your case. A forensic accountant may be needed to scrutinize financial records and challenge the prosecution's interpretation of money flows. A digital forensics expert might be required to analyze electronic evidence, such as server logs or betting software, to contest claims about the scope of the alleged operation.
Our California criminal defense lawyers will help you make critical decisions, such as whether to accept a plea bargain or proceed to trial. To do so, you need an honest assessment of your situation. We handle criminal defense for felony-level gambling charges in California, including both state and federal levels.
We defend clients against all gambling-related accusations, from sports betting and poker rooms to money laundering conspiracies. For more information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, CA.
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