PC 377a: Bookmaking

Legal Definition:

(a) Except as provided in Section 336.9, every person who engages in one of the following offenses, shall be punished for a first offense by imprisonment in a county jail for a period of not more than one year or in the state prison, or by a fine not to exceed five thousand dollars ($5,000), or by both imprisonment and fine:

(1) Pool selling or bookmaking, with or without writing, at any time or place.

(2) Whether for gain, hire, reward, or gratuitously, or otherwise, keeps or occupies, for any period of time whatsoever, any room, shed, tenement, tent, booth, building, float, vessel, place, stand or enclosure, of any kind, or any part thereof, with a book or books, paper or papers, apparatus, device or paraphernalia, for the purpose of recording or registering any bet or bets, any purported bet or bets, wager or wagers, any purported wager or wagers, selling pools, or purported pools, upon the result, or purported result, of any trial, purported trial, contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever.

(3) Whether for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or forwards, or purports or pretends to receive, hold, or forward, in any manner whatsoever, any money, thing or consideration of value, or the equivalent or memorandum thereof, staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever.

(4) Whether for gain, hire, reward, or gratuitously, or otherwise, at any time or place, records, or registers any bet or bets, wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever.

(5) Being the owner, lessee or occupant of any room, shed, tenement, tent, booth, building, float, vessel, place, stand, enclosure or grounds, or any part thereof, whether for gain, hire, reward, or gratuitously, or otherwise, permits that space to be used or occupied for any purpose, or in any manner prohibited by paragraph (1), (2), (3), or (4).

(6) Lays, makes, offers or accepts any bet or bets, or wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of person or animal, or between persons, animals, or mechanical apparatus.

For a person to be convicted of a violation of PC 377a, the prosecution must show that:

1. You owned, rented, or occupied a place;
2. You allowed the place to be used for bookmaking/pool selling/recording/registering bets/receiving, holding, or forwarding bets;

AND

3. You knew that the place was being used for that purpose.

What does this mean?

Gambling in the State of California is subject to strict regulation and prosecution. Bookmaking entails the acceptance of bets, whether orally or in written form. It is not necessary for the defendant to engage in betting as a profession or occupation; even a single bet suffices. The term “place” encompasses any room, building, stand, shed, tenement, tent, booth, float, vessel, vehicle, or enclosure of any sort.

Pool selling involves the sale or distribution of shares or chances in a betting pool. It is not required for the selling or distribution of shares or chances to be a business or occupation. A violation of this statute through a solitary act is sufficient. The occurrence of the event that serves as the subject of a betting pool is not necessary.

A bet refers to an agreement or wager made between two or more individuals, stipulating that in the event of an uncertain future occurrence, the loser must pay money to the winner or provide the winner with something of value. Recording or registering a bet involves making a notation on paper or utilizing any other material or device, enabling the distribution of winnings at a later time. Such recording or registering does not necessitate the same form of registering or recording found in a legitimate business establishment.

Penalties

A violation under PC 377a for Bookmaking can be an Infraction, a Misdemeanor or as a Felony offense. An infraction offense under this section occurs if the amount gambled is less than $2,500. An infraction carries the punishment of a fine up to $250.

If the amount gambled is over $2,500, it becomes at minimum, a misdemeanor offense. A misdemeanor conviction under this section that carries a punishment of up to one year in County Jail. You would be required to serve at least 50% of that time in custody. The fines under this section get worse depending on how many prior convictions under this sections you have. A first conviction carries fins up to $5,000, a second conviction is up to $10,000, and a third conviction can lead to fines up to $15,000.

If you have one prior conviction under this section, your new charges can be elevated to a felony charge. A felony conviction under this section can land you in State Prison for upwards of 16 months, 2 or 3 years. You would have to serve at least 50% of that time in custody.

This is not a strike offense under California’s Three Strikes Law. It is also not a Sex Offense requiring Sex Registration under PC 290. However, because this crime involves dishonesty and illegal gambling, it would likely affect people with Professional Licenses and people in Immigration proceedings.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights
4. Entrapment

Entrapment occurs when police, or their agents, encourage or promote the crime by way of their overbearing conduct. The idea has to be formed in the mind of police, and not on the Defendant, in order to successfully use this defense. In certain circumstances, police can “lure” a person who would otherwise not have intended to engaged in illegally gambling or bookmaking. If the criminal intent started in the mind of police, and their overbearing conduct forced you into creating a violation under PC 377a, you could use this defense in your case.

Intent is an important need for the DA to prove in a case of Bookmaking against you. If you rent a place, and do not know others are using the place for some kind of illegal gambling, then you cannot be found guilty of the charge. Failing to show your knowledge of what is going on, and that you are allowing it to go on, attacks the elements of the charged required to be proved against you. If a Prosecutor cannot show you had the needed intent, then there wouldn’t be insufficient evidence to prove you guilty of the charge.

Call Today

Understanding the severity of charges under PC 377a for Bookmaking is essential, as a conviction can profoundly affect your life, career, and reputation. Navigating such charges requires not just legal representation, but an attorney who possesses deep knowledge and experience in this specific area of law.

Our team at Inland Empire Criminal Defense includes a PC 377a Ontario attorney who brings a commendable track record of successfully defending numerous individuals against Bookmaking offenses. Our commitment is not only to provide exceptional legal defense but also to ensure that you are fully informed and supported throughout the legal process.

We encourage you to take the first step by availing of our free initial consultation. This session is an opportunity to address all your concerns, provide you with critical information about your case, and outline the potential legal strategies we can employ.

Remember, you don’t have to navigate this challenging situation alone. We are available 24/7 to answer your questions and offer the guidance you need. Contact Inland Empire Criminal Defense at 909-939-7126 to schedule your consultation. Conveniently located in Ontario, CA, we are prepared to offer you the highest level of expertise and support.