Penal Code § 330 PC – Illegal Gambling in California

PC 330 states that “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.”

Examples

• running poker games and collecting a fee based on the number of bets played.
• operating a black-jack parlor and taking a percentage of overall winnings.
• playing in games of roulette where a person acts as a “house” and takes money from the losers.

Defenses

You can beat an illegal gambling charge with a good legal defense. Common defenses include:

• no banking or percentage game,
• unlawful search and seizure,
• charity bingo game, and/or
• no knowledge illegal gambling was occurring on your property

Penalties

A violation of this statute is a misdemeanor. This is opposed to a felony or an infraction.

The offense is punishable by:

• custody in county jail for up to six months, and/or
• a fine between $100 and $1,000.

A judge can award misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defense attorneys will explain the following in this article:

• 1. When is gambling a crime in California?
• 2. Are there legal defenses?
  • 2.1. No banking or percentage game
  • 2.2. Unlawful search and seizure
  • 2.3. Charity bingo game
  • 2.4. No knowledge
• 3. What are the penalties for a 330 PC violation?
• 4. Are there immigration consequences?
• 5. Can I get a conviction expunged?
• 6. Does a conviction affect gun rights?
• 7. Are there related offenses?
  • 7.1. Obtaining money by gaming fraud – PC 332
  • 7.2. Bookmaking – PC 337
  • 7.3. Prostitution and solicitation – PC 647b

1. When is gambling a crime in California?

Under California Penal Code 330 PC, California gambling laws make it a crime to

• deal,
• play,
• carry on,
• open, or
• conduct,

any “prohibited game,” whether for hire or not.¹

A “prohibited game” means any game that qualifies as either:

• a “banking” game, or
• a “percentage” game.²

A “banking” game is one in which there is a “house” or “bank” that participates in the game and

• collects money from the losers, and
• uses it to pay the winners.³

A “percentage game” is any game of chance in which the “house” collects money calculated as a portion of bets made or total winnings.⁴

California’s illegal gaming statute lists a number of specific games to which it might apply. Some examples include:

• roulette,
• rondo, and
• twenty-one.⁵

However, the law will apply to any game that is conducted as a banking or percentage game.⁶

Example: David is the owner of a “pai gow” parlor. This is a Chinese dominoes game that is played for cash bets. The parlor makes money by taking a percentage of the winnings of every game that is played there.

Here, David is guilty of illegal gambling. He conducts a prohibited percentage game.

Note that PC 330 does not apply to Native American-run casinos on tribal lands.

2. Are there legal defenses?

You can beat an illegal gambling charge with a good legal defense.

Four common defenses to alleged violations of gaming laws are:

1. no banking or percentage game,
2. unlawful search and seizure,
3. charity bingo game, and/or
4. no knowledge illegal gambling was occurring on your property

2.1. No banking or percentage game

330 PC only applies to gambling with respect to either banking or percentage games.

This means it is a legal defense to say that:

• while you may have been gambling,
• you were not doing so in a prohibited game.

Perhaps, for example, you were just playing a social game of poker with friends.

2.2. Unlawful search and seizure

Authorities cannot conduct a search or take property without a valid search warrant. If no warrant, then they must have a legal excuse for not having one. If the police:

• gather evidence from an unlawful search and seizure,
• then that evidence can get excluded from a criminal case.

This means that any charges in the case could get reduced or even dismissed.

2.3. Charity bingo game

There is an exception to the ban on banking or percentage games for bingo, raffles, etc. conducted by charitable organizations (such as churches and humanitarian nonprofits).

Note that the proceeds gained in furtherance of these games, though, can only be used for charitable purposes.⁸

2.4. No knowledge

Owners and managers of property where illegal gaming takes place are criminally liable only when they know what is going on. If illegal gambling is going on without their knowledge, then charges against them should be dismissed.⁹

3. What are the penalties for a 330 PC violation?

A violation of this statute is a misdemeanor.

The offense is punishable by:

• custody in county jail for up to six months, and/or
• a fine between $100 and $1,000.¹⁰

A judge can award misdemeanor (or summary) probation in lieu of jail time.

4. Are there immigration consequences?

A conviction for illegal gambling will not have any bad immigration consequences.

Some California crimes, like crimes involving moral turpitude, can result in you being:

• deported, or
• marked as inadmissible.

Gambling under PC 330, though, is not this type of crime.

5. Can I get a conviction expunged?

An expungement is possible if you are convicted under this statute. You can get a conviction expunged if you complete either:

• probation, or
• your jail term (whichever is applicable).

An expungement is favorable because it removes many of the hardships associated with a conviction.

6. Does a conviction affect gun rights?

A conviction under this statute will not affect your gun rights.

Some criminal convictions will strip away your right to own or possess a gun. An example is any conviction for a felony.

Illegal gambling, though, is not one of these crimes.

7. Are there related offenses?

There are three crimes related to 330 PC unlawful gambling. These are:

1. obtaining money by gaming fraud – PC 332,
2. bookmaking – PC 337, and
3. prostitution and solicitation – PC 647b.

Note also that illegal gambling is a federal crime as well under 18 U.S.C. 1955).

7.1. Obtaining money by gaming fraud – PC 332

Penal Code 332 PC makes it a California theft crime to fraudulently obtain someone else’s money or property via:

• card games or tricks such as “three-card monte,”
• betting or gambling, or
• pretensions to fortune-telling.

Note that a prosecutor does not have to prove fraud under this section.

7.2. Bookmaking – PC 337

Penal Code 337 PC makes it a crime to engage in the following activities:

• bookmaking,
• pool-selling,
• occupying any building, room or other enclosed space for the purpose of recording bets,
• receiving, holding or forwarding money that is being wagered in a bet,
• recording or registering bets.

All of these activities are associated with gambling.

7.3. Prostitution and solicitation – PC 647b

Penal Code 647b PC is California’s law on prostitution and solicitation. This section makes it a misdemeanor to (if you are 18 or older):

• pay or accept money in exchange for a sexual act (“prostitution”),
• offer to engage in an act of prostitution (“solicitation”), or
• agree to engage in an act of prostitution.

Sometimes establishments that offer illegal gambling are also associated with prostitution.

For additional help…

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. We serve clients throughout the state of California, including Los Angeles, Glendale Santa Monica, San Diego, San Bernardino, San Francisco, and more. We can be reached through phone, text message, or contact form. For information on gambling in Nevada and Colorado, please see our articles on:

• “Nevada Laws for Gaming Fraud (NRS 465.070),” and
• “Illegal Gambling in Colorado (CRS 18-10-103).”

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