Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One

Possession of a gambling device; defenses. In any kind of prosecution for the crime of possessing a gambling device, it’s considered to be an affirmative defense that the slot machine you had wasn’t used or even intended to be used in the operation of any kind of illegal activity, and that the slot machine in question was an antique. Online Fantasy Sports Sites Declared Illegal Gambling in New York A game of chance by is defined by New York Penal Code Article 225 (1) to include contests, games, gaming schemes, and gaming devices in which the outcome largely depends upon chance, luck, or fate. Law enforcement will take the Illegal Gambling statute (Chapter 47 of the Texas Penal Code imbed this link and use the Engaging in Organized Crime statute to create a felony charge. This increases exposure for those accused and creates leverage on the asset forfeiture end. Federal Laws On Gambling Laws in the federal penal code that establish the types of gambling considered unlawful are found within 18 U.S. Code Chapter 50. A total of four different statutes are contained within Chapter 50, including a statute that establishes definitions applicable in other laws within this part of the penal code.

GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon:
1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value.

2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period.
(b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or banker in a game of jueteng or any similar game.

(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place.

Art. 196. Importation, sale and possession of lottery tickets or advertisements. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed upon any person who shall import into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the same.

Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands.

Illegal Gambling Ca Penal Code

Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests.

Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom.

For the purposes of this article, any race held in the same day at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission.

Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon:

1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law.

2. Any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit.

see below for
PRESIDENTIAL DECREE NO. 1602
SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR VIOLATIONS OF PHILIPPINE GAMBLING LAWS

California Penal Code Section 332, gaming fraud or gambling fraud is obtaining another person’s money or property through use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. Gaming or gambling fraud falls under and is considered as theft crime in California.

The California Penal Code, under section 332 establishes the elements that the prosecution must prove to a conviction someone of this crime, the main requirements are the following:

1. Acted with action intent to defraud another person’s.
2. Obtain money or property.
3. Through “three card monte”, betting, gambling or pretensions to fortune-telling.

Prosecution must prove the following elements beyond a reasonable doubt for convicting a person of fraudulent gaming:

• Defendant fraudulently obtain another person’s money or property;
• Defendant did so by use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. It is not prohibited to play the games, in case a person commits a fraud and got money from other one through a game in an unlawful manner.

“Acting Fraudulently” in California Game or Gambling Fraud

Illegal Gambling Penal Codes

Acting fraudulently means acting dishonestly and with bad faith, as cheating, misleading and otherwise gaining an unfair advantage for the victim. In case a person won in a game, without playing tricks he can’t be guilty of game fraud. Defendant must be involved in a game where the victim doesn’t have a chance to win as a result of the game. An important element of the legal definition of gaming/gambling fraud is that the defendant must win money or property from the victim.

What is Considered as “Property” for Purposes of California Penal Code Section 332?

California Penal Code Section 332 acknowledges that games do not always include cash, or other tangible property. Property for purposes of Section 332 includes chips, markers, tokens, or anything else which has a monetary value.

Legal Defenses to California Penal Code 332

Common legal defenses to California Penal Code 332 include the following:

• Lack of intent to defraud

Prosecution shall be able to prove is that the defendant had a specific intent to defraud the victim. In case the defendant lacks of fraudulent intent, he can’t be found guilty of this offenses.

• First amendment defense

If the offense was through the fortune telling or any other similar activity then a first amendment defense can be used, and the defendant can argue that he was exercising his right to free speech. Though, there can be circumstances when fortune tellers can be criminally liable under this statute in case their conduct goes beyond entertainment and actually involves fraud.

Penalties for California Penal Code Section 332 Game/Gambling Fraud

Potential penalties for California Penal Code 332 gaming or gambling fraud depend on the monetary value of the property that the defendant obtained from the victim. If the money or the total value of the stolen property is $950 or less the gaming/gambling fraud can only be charged as a misdemeanor. In case the total value of the property is more than $950 then the fraud is treated as a wobbler and can be charged as either a misdemeanor or a felony.

Penalties for California Penal Code 332 Misdemeanor Conviction

Potential penalties for misdemeanor Penal Code 332 gaming or gambling fraud conviction in California include the following:

• Up to six months in a county jail in case the value of property is $950 or less,
• Up to one year in a county jail in case the value of property is more than $950; and/or
• Fine of up to $1,000
• Misdemeanor probation

Penalties for Felony Penal Code 332 Conviction

Potential penalties for felony Penal Code 332 gaming or gambling fraud conviction in California include the following:

• Sixteen months, two or three years in a county jail and/or
• Fine up to $5,000 for a first offense, or up to $10,000 for a second or subsequent offenses
• Felony probation

California Gambling Defense Lawyer

Our California gambling defense lawyers are here to answer any questions If you or a loved one has been charged with Penal Code 332 PC gaming or gambling fraud and you would like to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact our criminal defense lawyers at (310) 943-1171.