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California Penal Code Section 337b PC: Bribing Player/Participant To Throw A Sporting Event
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California Penal Code Section 337b PC: Bribing Player/Participant To Throw A Sporting Event
Gambling scandals have plagued professional and amateur sports for decades. To crack down on match fixing schemes, California enacted Penal Code Section 337b PC. This law makes it illegal to bribe an athlete or participant to influence the outcome of a sporting event.
Bribing players to throw games undermines integrity in sports. It cheats honest competitors and defrauds bookies and fans. Section 337b provides an important tool to punish and deter match fixing. But critics argue it is vague and difficult to enforce consistently.
A conviction for sports bribery carries severe consequences in California. Defendants face felony charges punishable by years in jail or prison. Fines up to $10,000 may also be imposed. Any person involved in bribery – players, coaches, referees, or gamblers – can be prosecuted.
Elements of Sports Bribery
To convict someone under California’s sports bribery law, prosecutors must prove these elements:
- The defendant gave, offered, or promised money, a gift, or something of value to a player or participant in a sporting event
- The defendant intended to influence the player/participant to not use best efforts or manipulate the outcome of the event
- The player/participant accepted or agreed to accept the bribe
Let’s examine what each of these parts requires.
Giving, Offering, or Promising Something of Value
The first element addresses the bribe itself. Section 337b prohibits directly or indirectly:
- Giving money or gifts to a player/participant
- Offering to pay them to influence the event
- Promising future benefits for fixing the event
“Something of value” includes cash, gifts, services, travel, event tickets, and more. Any form of compensation to the player can qualify. The bribe does not actually have to be given – merely offering or promising it is enough.
Intent to Influence the Event
The second element requires intent to influence the player/participant. The defendant must bribe them with the purpose of impacting the normal course of the event. This may involve:
- Causing the player’s team to lose or perform poorly
- Influencing the final score or outcome
- Affecting certain events like strikes, fouls, penalties, or goals
Prosecutors must prove the defendant specifically intended to influence the event through the bribe. Merely giving gifts with no strings attached is not enough.
Acceptance of the Bribe
Finally, the player/participant must accept or agree to accept the bribe. There is no completed crime unless they take the bait. But active participation by the player is not required – willingness to go along with the fix is sufficient.
This acceptance element aims to punish both bribers and bribees under PC 337b. Both parties engage in criminal conduct in a match fixing scheme.
Penalties for Sports Bribery
Violating California’s sports bribery law is a felony offense. Potential penalties include:
- Felony charges
- 16 months, 2 years, or 3 years in county jail or state prison
- Up to $10,000 in fines
- Ineligibility for sports leagues or associations
- Lifetime sports betting bans
- Felony record affecting future employment
These harsh penalties aim to deter match fixing schemes that undermine integrity in sports. Defendants often face additional consequences from sports leagues on top of criminal penalties.
Legal Defenses
While PC 337b is a broad statute, possible defenses include:
- No intent to influence – The gifts were given without any intent to impact the event.
- No acceptance – The player/participant did not agree to accept the bribe.
- Entrapment – You were induced by police to commit sports bribery.
- False accusations – You did not actually offer any bribe.
An experienced California criminal defense lawyer can evaluate the evidence and develop the best defense strategy. In some cases, charges may be reduced or dismissed pre-trial.
Sports bribery charges are often accompanied by other criminal allegations, including:
- Accepting a bribe – Penal Code 337c PC. Accepting a bribe as a player/participant.
- Sports fraud – Penal Code 337d PC. Sports betting fraud by an official.
- Bookmaking – Penal Code 337a PC. Illegal sports gambling operations.
- Conspiracy – Penal Code 182 PC. Conspiring with others to fix matches.
Skilled counsel can fight multiple charges and seek to consolidate or dismiss excessive counts. The exact charges brought will impact the sentencing exposure if convicted.
Notable Sports Bribery Cases
Some notable sports bribery prosecutions in California include:
- State v. Walters – In 2020, sports agent Christian Dawkins and amateur coach Merl Code were convicted of bribing college basketball coaches under PC 337b.
- USA v. Donaghy – In 2007, NBA referee Tim Donaghy pled guilty to federal sports bribery charges for betting on and fixing games he officiated.
- USA v. Johnson – In 2019, boxer Levon Salaru Johnson was convicted of fixing fights by taking dives in exchange for cash bribes.
These cases highlight how seriously law enforcement takes match fixing across both professional and amateur sports.
Consult an Attorney
Facing sports bribery charges can be extremely stressful. But experienced legal counsel can protect your rights and future.
A skilled California criminal defense lawyer will thoroughly examine the evidence and build the strongest possible defenses. In some cases, charges may be reduced or dismissed through effective negotiation.
Don’t leave your fate to chance. Get experienced legal help fighting accusations of sports bribery. With proper representation, you can avoid harsh penalties that could derail your life.
Sources:
https://www.keglawyers.com/bribing-a-player-penal-code-337b
https://iecriminaldefense.com/penal-code-377b-sports-bribing-laws-in-california/
https://www.simmrinlawgroup.com/california-penal-code-section-337b/