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Illegal Gambling California Penal Code

Illegal Gambling California Penal Code 8,8/10 4882 votes

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, enacted in 1872, prohibited several casino games by name, as well as all house-banked games, but did not outlaw poker. Cardrooms also operate non-banked versions of card games such as Pai Gow Poker, where players can take turns playing the dealer hand against the other players. (a) (1) Every building or place used for the purpose of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution, and every building or place in or upon which acts of illegal gambling as defined by state law or local ordinance, lewdness, assignation, or prostitution, are held or occur, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.

California Penal Law

CA Penal Code § 330.7 (2017)

California Penal Code List

(a) It shall be a defense to any prosecution under this chapter relating to slot machines, as defined in subdivision (d) of Section 330b, if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant’s possession. For the purposes of this section, the term “antique slot machine” means a slot machine that is over 25 years of age.

Illegal Gambling California Penal Code

Illegal Gambling California Penal Code 459

(b) Notwithstanding Section 335a, whenever the defense provided by subdivision (a) is offered, no slot machine seized from a defendant shall be destroyed or otherwise altered until after a final court determination that the defense is not applicable. If the defense is applicable, the machine shall be returned pursuant to provisions of law providing for the return of property.

(c) It is the purpose of this section to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes because of their aesthetic interest and importance in California history.

(Amended by Stats. 2004, Ch. 183, Sec. 268. Effective January 1, 2005.)

Illegal Gambling California Penal Code Penal

Last modified: October 25, 2018