Gaming | Penal Code § 330

Description

Gambling Fraud may be charged against a person who by any game, device, sleight of hand, pretensions to fortune telling, trick, or other means whatever, including cheating or gaining an unfair advantage for any player, and fraudulently obtains from another person money or property of any description. Convicted violators would be charged with Larceny.

What does the prosecutor have to prove?

1. Defendant, by the use of cards, device or pretentious fortune telling or by any other means whatsoever, tricked another person.
2. Defendant fraudulently obtained money or property from another person.

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?	No
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?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
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