California Penal Code § 330 PC prohibits gambling (also called gambling) through the use of a “banking or percentage game.” That said, it is still legal in California to play social poker games and other games of chance, skill, and strategy that involve individual bets.
Penal Code 330 PC is the California law that makes it a crime to bet on a “banking” or “percentage” game.
Illegal gambling is a misdemeanor that can result in up to 6 months in jail and a fine of up to $1000.
Although gambling becomes a crime whenever there is a “bank” or “house” collecting funds or taking a “commission,” all participants in gambling can be arrested, including players, dealers, and hosts.
PC 330 states that “Any person who plays, gambles, or conducts, opens, or causes to be opened, or conducts, whether 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 any person who plays or wagers on or against any such prohibited games, is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.”
Examples
- run poker games and charge a fee based on the number of bets placed.
- operate a blackjack parlor and take a percentage of the total profits.
- playing roulette games where one person acts as the “house” and takes money from the losers.
Defenses
You can beat an illegal gambling charge with a good legal defense. Common defenses include:
- There is no banking or percentage game,
- illegal search and seizure,
- charity bingo game and/or
- not knowing that illegal gambling was taking place on their property
Sanctions
A violation of this statute is a misdemeanor . This is opposed to a felony or infraction .
The offense is punished by:
- custody in the county jail for up to six months, and/or
- a fine between $100 and $1,000.
A judge may grant misdemeanor (or summary) probation instead 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?
- 3. What are the penalties for a violation of 330 PC?
- 4. Are there immigration consequences?
- 5. Can I get a conviction expunged?
- 6. Does a conviction affect gun rights?
- 7. Are there any related crimes?
1. When is gambling a crime in California?
Under California Penal Code 330 PC, California gambling laws make it a crime
- negotiate,
- play,
- carry out,
- open, or
- drive,
any “forbidden game”, whether for money or not. 1
A “Prohibited Game” means any game that qualifies as:
- 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 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 the bets placed or the total winnings .
California’s illegal gambling law lists a number of specific games that could be targeted. Some examples include:
- roulette,
- round, and
- twenty one. 5
However, the law will apply to any game that is conducted as a banking or percentage game. 6
Example: David owns a pai gow parlor. This is a Chinese domino game played for cash bets. The parlor makes money by taking a percentage of the winnings from each game played there.
Here, David is guilty of illegal gambling. He is conducting a prohibited percentage game.
Please note that Penal Code Section 330 does not apply to casinos run by Native Americans 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:
- There is no banking or percentage game,
- Illegal registration and recording,
- charity bingo game, and/or
- not knowing that illegal gambling was taking place on their property
2.1. There is no banking or percentage game
Section 330 of the Penal Code only applies to gambling in respect of banking or percentage games.
This means that it is a legal defense to say that:
- while you were playing,
- you weren’t doing it in a banned game .
Maybe, for example, you were just playing a social poker game with friends.
2.2. Illegal search and seizure
Authorities cannot conduct a search or seize property without a valid search warrant . If there is no warrant, then they must have a legal excuse for not having one. If the police:
- gathers evidence of an illegal search and seizure,
- then that evidence can be excluded from a criminal case.
This means that any charges in the case could be 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. run by charitable organizations (such as churches and non-profit humanitarian organizations).
Please note that any winnings from these games can only be used for charitable purposes.
2.4. Without knowledge
Property owners and managers where illegal gambling is taking place are only criminally liable when they know what is happening. If illegal gambling is happening without their knowledge, then the charges against them should be dismissed .
A violation of this law may result in a fine and/or jail time.
3. What are the penalties for a violation of 330 PC code?
A violation of this statute is a misdemeanor .
The crime is punishable by:
- custody in the county jail for up to six months, and/or
- a fine between $100 and $1,000. 10
A judge may grant misdemeanor probation (or summary) instead of jail time.
4. Are there immigration consequences?
A conviction for illegal gambling will not have negative immigration consequences.
Some crimes in California, such as crimes involving moral turpitude , can result in you being:
- deported , or
- marked as inadmissible .
However, gaming on the PC 330 is not this kind of crime.
5. Can I erase a conviction?
It is possible to obtain an expungement if you are convicted under this law. You can erase a conviction if you complete any of the following:
- parole, or
- your jail time (as applicable).
An expungement is beneficial because it removes many of the difficulties associated with a conviction.
6. Does a conviction affect gun ownership rights?
A conviction under this law will not affect your gun ownership rights.
Some criminal convictions will take away your right to own or possess a gun. An example is any felony conviction.
Illegal gambling, however, is not one of these crimes.
7. Are there any related crimes?
There are three crimes related to illegal gambling according to Penal Code 330. These are:
- Obtaining money through gambling fraud – Penal Code 332,
- betting – Penal Code 337, and
- prostitution and solicitation – Penal Code 647b.
It should also be noted that illegal gambling is a federal crime under Title 18 of the United States Code, Section 1955.
7.1. Obtaining money through gambling fraud – Criminal Code 332
Penal Code 332 makes it a theft crime in California to fraudulently obtain another person’s money or property through:
- card games or tricks such as “three card monte”,
- betting or gambling, or
- divination claims.
Note that a prosecutor does not have to prove fraud under this section.
7.2. Betting – Penal Code 337
Penal Code 337 makes it a crime to engage in the following activities:
- bets,
- lottery ticket sales,
- occupy any building, room or other enclosed space for the purpose of registering bets,
- receive, hold or send money that is being wagered on a bet,
- register or place bets.
All of these activities are associated with play.
7.3. Prostitution and solicitation – Penal Code 647b
Penal Code 647b is California’s law on prostitution and solicitation. This section makes it a misdemeanor (if you are 18 or older):
- paying or accepting money in exchange for a sexual act (“prostitution”),
- offering 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. You can reach us by phone, text, or contact form. For information on gambling in Nevada and Colorado, please see our articles on:
Legal References:
- California Penal Code 330 PC. For example, in the 2017 film Molly’s Game, high-stakes poker games became illegal only when the protagonist began taking commissions to offset her losses.
- See Sullivan v. Fox (1987) 189 Cal.App.3d 673 .
- See the same thing.
- See the same. As for slot machines, note that they are not required to be controlled by the house for the game to be an unlawful gambling machine or device. See People v. Grewal (2014) 224 Cal.App.4th 527 .
- California Penal Code 330 PC.
- See the same thing.
- California Penal Code 326.5 .
- See the same thing.
- People v. Markham (Cal. 1857), 7 Cal. 208, 7 Cal. 209 .
- Section 330 of the California Penal Code.