What Is Illegal Gambling in California?

Illegal gambling involves any betting or wagering activity that is not specifically authorized by California law. While the state allows certain forms of regulated gambling—such as the lottery, licensed card rooms, and horse racing—many other types of gambling remain strictly prohibited.

Examples of activities commonly classified as illegal gambling include:

• Running Unlicensed Casinos: Operating establishments with poker, blackjack, slot machines, or similar games without proper licensing.
• Sports Betting: Facilitating or participating in sports wagers outside of approved platforms.
• Online Gambling: Hosting or using unlicensed online betting websites or mobile apps.
• Unregulated Lotteries and Raffles: Organizing lotteries or raffles that fail to meet California’s legal requirements for nonprofit or charitable organizations.
• Unauthorized Poker Games: Hosting poker games in private residences or unlicensed venues for profit.

Key California Laws Regulating Gambling

California has strict laws regulating gambling activities to ensure they are conducted legally and fairly. These laws prohibit unlicensed or unauthorized gambling operations and outline the requirements for legal gambling establishments. Below are some of the key California laws governing gambling:

• California Penal Code Section 330: This statute makes it illegal to operate or participate in games such as faro, roulette, monte, or other banked or percentage-based games unless conducted in a licensed facility.
• California Penal Code Section 337a: This law prohibits bookmaking, pool-selling, and unauthorized betting on horse races. These activities are only allowed if conducted through state-approved channels or licensed facilities.
• California Business and Professions Code Section 19961: This regulation governs the licensing and operation of card rooms and other gaming establishments, requiring strict adherence to state rules and operational standards.

What Are the Penalties for Illegal Gambling in California?

Misdemeanor Charges

• Up to 6 months in county jail.
• Fines of up to $1,000.
• Informal (summary) probation.

Felony Charges

• 16 months, 2 years, or 3 years in state prison.
• Fines of up to $10,000.
• Formal probation, which may include restrictions on travel, employment, or computer usage.

Additional Consequences

• Seizure of Funds or Property: Law enforcement may confiscate money, equipment, or other assets connected to illegal gambling.
• Impact on Professional Licenses: A conviction can result in the suspension or revocation of professional licenses, including those for attorneys, real estate agents, and medical professionals.
• Immigration Consequences: Non-citizens convicted of gambling-related offenses may face deportation or inadmissibility.

Legal Defenses Against Gambling Charges in Los Angeles

Several defenses may apply to your case. One common defense is lack of active involvement. Simply being present at a location where illegal gambling occurred does not mean you were a participant. If you did not engage in any prohibited activities, this defense could lead to a dismissal of the charges.

Another defense is based on California’s charitable gaming exceptions. State law permits nonprofit organizations to conduct certain gambling activities, such as bingo or raffles, provided the proceeds are used for charitable purposes and the games do not involve banking or percentage systems. If your case involves such an event, you may not be in violation of Penal Code 330. Lack of knowledge is also a viable defense. Many gambling-related charges require proof that you knowingly participated in or allowed illegal gambling. If you were unaware of the gambling activities or that they were unlawful, this lack of intent could weaken the prosecution’s case.

Additionally, evidence obtained through unlawful search and seizure can be challenged. If law enforcement violated your constitutional rights by conducting an illegal search or seizing evidence without proper authority, any evidence collected may be inadmissible in court, which could result in reduced or dismissed charges. When facing these serious allegations, working with an experienced Illegal Gambling Defense Attorney in Los Angeles can make a significant difference. A skilled attorney will analyze the evidence, identify weaknesses in the prosecution’s case, and determine the strongest defenses available to protect your rights.

What to Do After an Arrest for Illegal Gambling in Los Angeles