Description

The crime of Bookmaking/Pool-Selling/Wagering may be charged against a person who engages in pool-selling or bookmaking, or registering any bet or bets or wagers. Examples of activities which could trigger a Bookmaking charge include leasing a commercial space knowingly that the renter engages in bookmaking or collecting or delivering money from others for the purposes of placing a bet.

What does the prosecutor have to prove?

1. Defendant engaged in pool selling or bookmaking.
2. Defendant kept or occupied a building or vessel or place of any kind for the purpose of recording or registering any bets or wagers.
3. Defendant received, held or forwarded money or anything of valuable consideration to be staked, pledged or wagered upon the result or purported result of any trial, contest, lot, chance, casualty, unknown or contingent event whatsoever. [PC 337a]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)? No
Is this charge a strike? No
Is this charge a “serious felony” No
Is this charge a “violent felony” No
Do I have to register as a sex offender if convicted? No
Do I have to register as a drug offender if convicted? No
Do I lose my right to own or possess a firearm if convicted? Yes
Do I lose my right to vote if convicted? Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted? No
Am I eligible for PC § 1000 drug diversion if convicted? No
Am I eligible for Prop. 36 drug diversion if convicted? No
Am I required to give a DNA sample if convicted? Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes? No
Is this charge considered a “aggravated felony” for immigration purposes? May
Is this charge considered a “controlled substance violation” for immigration purposes? No
Is this charge considered a “domestic violence” for immigration purposes? No
Is this charge considered a “firearm conviction” for immigration purposes? No