Obtain Money by Fraud Through Gaming

Description

A person who fraudulently obtains from another person by the use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument, and gaining an unfair advantage to receive money or property of any description may be charged with Obtain Money by Fraud Through Gaming, a potentially more serious fraud charge than Gaming.

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. [PC 332]

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”)?	Yes
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?	Yes
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?	Yes
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