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California Penal Code Section 332 PC: Obtaining Money by Fraud Through Gaming
California Penal Code Section 332 PC: Obtaining Money by Fraud Through Gaming
California Penal Code Section 332 PC makes it illegal to fraudulently obtain money or property through gaming. This law prohibits cheating in gambling games, using tricks or devices to win bets, and defrauding others through fortune telling.
Some key things to know about PC 332:
- It applies to any game, wager, or betting situation where someone uses deception to win money or property.
- Common gambling scams like card counting or sleight of hand tricks can violate this law if done secretly.
- There must be proof of fraudulent intent – the accused must knowingly cheat to be guilty.
- Fortune telling fraud is covered too – deceiving others about your psychic powers to get money from them.
- Charges are a wobbler offense, punishable by jail time and/or fines up to $10,000.
What is Illegal Under California Penal Code 332 PC?
This statute states that “every person who by any fraud or sleight of hand game, pretense, token, or device, obtains from another person money or property” is guilty of a crime. Some examples of illegal behavior under this law include:
- Marking cards or rigging dice to cheat at poker or craps.
- Using devices like pinhole cameras or phone apps to see a blackjack dealer’s cards.
- Distracting other players to sneakily alter bets during a game.
- Practicing sleight of hand or card counting secretly to win at blackjack or other casino games.
- Claiming to be a psychic and deceiving clients about your powers to collect fees from them.
As you can see, PC 332 applies very broadly to any form of gaming fraud or fortune telling scam to illegally obtain money or property from someone else.
Legal Defenses to Penal Code 332 Charges
If you are accused of violating California’s law against gaming fraud, there are several legal defenses that could potentially fight the charges:
- No fraudulent intent – Recall that people are only guilty under this statute if they act fraudulently. If you didn’t realize you were breaking rules or cheating, you may not have the required criminal intent.
- You didn’t obtain money or property – PC 332 requires that you obtained money or property through your actions. If no money changed hands, the charges should not apply.
- False accusations – Mistaken identity or false allegations from someone with a grudge could result in you being wrongfully accused of gaming fraud.
An experienced criminal defense attorney can evaluate the details of your case and advise you on the best defenses to challenge your charges.
Penalties for Violating Penal Code Section 332
Fraudulently obtaining money through gaming is a California wobbler offense. This means it can be charged as either a misdemeanor or felony, at the prosecutor’s discretion.
Potential penalties if convicted may include:
- Misdemeanor – Up to one year in county jail, fines up to $1,000, or both.
- Felony – 16 months, 2 years, or 3 years in state prison, fines up to $10,000, or both.
In addition to criminal penalties, the court may order restitution to any victims who lost money due to the fraud.
There are a number of other California laws that are related to Penal Code 332 and illegal gaming activity:
- PC 330 – Prohibits illegal gambling operations, such as unlicensed casinos.
- PC 337a – Bans activities like bookmaking, pool selling, and disseminating gambling information.
- PC 337f – Makes it a crime to manufacture or distribute cheating devices for gambling.
- PC 337j – Prohibits cheating in casinos and gambling houses.
A person who engages in gaming fraud may face charges under several of these statutes for a single scheme or criminal operation.
Get Legal Help Fighting Fraud Charges from a Lawyer
Facing charges under California Penal Code 332 can result in heavy fines and jail time, as well as a criminal record. An experienced criminal defense attorney can often negotiate reduced charges or punishments on your behalf. They will also make sure your legal rights are protected throughout the criminal justice process.