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]
With probation 0-364 days
Misdemeanor: 0-364 days