California Penal Code 330 PC: Illegal Gambling in California
What is Penal Code 330 PC?
California Penal Code 330 PC makes it illegal to operate or participate in certain types of gambling games, particularly banking and percentage games such as blackjack, roulette, and fan-tan. Unlike legal, state-regulated gaming, these games are prohibited due to their structure, where the house has a built-in advantage over players.
According to the statute:
“Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.”
This means that individuals who host, operate, or participate in these games may face criminal charges, even if the gambling activity took place in a private setting.
Illegal Gambling Under PC 330
What Gambling Activities Are Prohibited?
While California does permit some forms of regulated gambling, Penal Code Section 330 specifically prohibits certain games where the operator profits directly from player losses. These include:
- Blackjack (Twenty-One)
- Roulette
- Faro
- Fan-Tan
- Monte
- Lansquenet
- Rouge et Noire
- Hokey-Pokey
- Any percentage or banking game played with dice, cards, or other devices
Illegal gambling operations are often discovered during law enforcement raids, and both players and operators can face charges.
Common Ways People Face Illegal Gambling Charges
Even being present at an illegal gambling event can sometimes result in criminal charges. Some of the most frequent ways people are prosecuted for illegal gambling include:
- Hosting underground poker games or private casino nights where the house takes a cut.
- Running illegal gambling websites or unlicensed online betting platforms.
- Operating unlicensed gaming machines in bars, restaurants, or backrooms.
- Playing at or placing bets with unlicensed gambling establishments.
Penalties for Illegal Gambling Under PC 330
Misdemeanor Penalties
- Up to six months in county jail
- A fine between $100 and $1,000
- Both jail time and a fine, depending on the case
In addition to criminal penalties, a conviction can have long-term consequences, including difficulty obtaining employment, housing, or professional licenses.
Felony Charges for Gambling Offenses
Although PC 330 itself is a misdemeanor, related offenses—such as illegal bookmaking (PC 337a) or money laundering from gambling operations—can be charged as felonies, carrying:
- State prison time
- Higher fines and asset forfeiture
- Permanent loss of certain rights
For individuals previously convicted of illegal gambling, harsher penalties may also apply.
Legal Defenses for Illegal Gambling Charges
If you were charged with illegal gambling, there may be strong defenses available depending on the circumstances of your case. One possible defense involves lack of intent. To be convicted, prosecutors must prove that you knowingly participated in or operated an illegal gambling game. If you were unaware that the event was illegal or did not actively take part, the charges could be dropped or reduced.
Another potential defense is the social gambling exception. California allows certain forms of private gambling, as long as no one is profiting as the “house.” If you were simply playing a friendly poker game with friends and no one took a cut of the winnings, the activity may not be considered illegal under state law.
In some cases, law enforcement uses sting operations to make gambling-related arrests. If undercover officers coerced or pressured you into participating in gambling activities that you otherwise would not have engaged in, an entrapment defense could apply. When entrapment occurs, the charges may not hold up in court.
Another way to fight an illegal gambling charge is by challenging the evidence. Many of these cases rely on witness testimony, financial transactions, or surveillance footage. If there is not enough clear and credible evidence linking you to an illegal gambling operation, the case could be dismissed.
Exceptions & Legal Gambling in California
Certain forms of gambling are prohibited under California Penal Code 330, but others are legal when properly licensed and regulated. If you were charged for illegal gambling, but your gambling activity was lawfully conducted, your case may be dismissed.
Legal Gambling Activities in California
- Tribal Casinos – Federally recognized Native American tribes can operate casinos under the Indian Gaming Regulatory Act.
- State-Licensed Card Rooms – Licensed poker rooms are legal and regulated by the California Gambling Control Commission.
- Horse Racing Betting – Betting on horse races is permitted at racetracks and licensed wagering facilities.
- California Lottery – The state-run lottery operates legally under California law.
- Charitable Gambling Events – Nonprofit organizations can host bingo games, raffles, and certain fundraising events within legal guidelines.
What to Do If You Are Charged with PC 330?
Without the right legal representation, you could face criminal penalties and a permanent record. If you are facing charges for illegal gambling, it is critical to act fast. A Los Angeles criminal defense attorney can review your case, determine the best legal strategy, and fight for a reduction or dismissal of charges.
Possible Outcomes in an Illegal Gambling Case
- Case dismissal due to insufficient evidence
- Reduction to an infraction or non-criminal violation
- Diversion programs in place of a conviction
- Probation instead of jail time
Frequently Asked Questions About Penal Code 330 PC
Is playing poker at home illegal in California?
It depends on how the game is conducted. Social gambling—where all players have an equal chance of winning and no one takes a house rake—is generally legal. However, if the game is run for profit, such as charging an entry fee or taking a percentage of the pot, it may be considered illegal gambling.
What happens if I was just a player and not running the game?
You can still be charged. California Penal Code 330 PC applies to both those who operate illegal gambling activities and those who bet at or against prohibited games. However, defenses may be available, especially if you were unaware of the illegal nature of the game.
Can I go to jail for illegal gambling in California?
Yes, but jail time is not mandatory for first-time offenders. A misdemeanor conviction can result in up to six months in county jail, but many cases result in fines, probation, or diversion programs instead. However, repeat offenders or those running large-scale gambling operations may face harsher penalties.
Contact a Los Angeles Criminal Defense Attorney to Discuss Your Illegal Gambling Case
If you have been charged with illegal gambling in Los Angeles, it is crucial to have an experienced attorney who understands the complexities of state gambling laws. Navigating these charges requires a strong defense, whether the case involves allegations of running an illegal gambling operation, participating in unlicensed betting, or violating California’s gaming regulations.
With over 20 years of experience, Attorney Hashemi has successfully defended clients facing illegal gambling charges, financial crimes, and other related offenses in Los Angeles. He thoroughly examines each case, challenges weak evidence, and fights aggressively to achieve the best possible outcome. Whether you were falsely accused, caught up in a sting operation, or facing exaggerated charges, our Los Angeles criminal defense attorney is prepared to defend your rights.
A gambling-related conviction can have long-term consequences, but you may have legal options to fight back. Don’t wait—schedule a free consultation today to discuss your case and develop a strong defense strategy.
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