2991. Pool Selling

The defendant is charged [in Count ______] with pool selling.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant sold or distributed shares or chances in a betting pool;

AND

2. When (he/she) acted, the defendant knew that (he/she) was selling or distributing shares or chances in a betting pool.

The defendant does not need to be involved in selling or distributing shares or chances as a business or occupation. A single act that violates the statute is sufficient. [It is not necessary that the event that is the subject of a betting pool actually take place.]

Bench Notes

Instructional Duty

The court has a sua sponte duty to give this instruction defining the elements of the crime.

Authority

Elements. Pen. Code, § 337a, subd. 1; Finster v. Keller (1971) 18 Cal.App.3d 836, 846 [96 Cal.Rptr. 241].

Knowledge Required. People v. Coppla (1950) 100 Cal.App.2d 766, 768 [224 P.2d 828].

Pool Selling Defined. Finster v. Keller (1971) 18 Cal.App.3d 836, 846 [96 Cal.Rptr. 2421]; People v. Coppla (1950) 100 Cal.App.2d 766, 768 [224 P.2d 828].

One Bet Sufficient. Pen. Code, § 337a, subd. 11.

Event Need Not Occur. People v. Ghio (1927) 82 Cal.App. 28, 32-33 [255 P. 205].

Secondary Sources

3 Witkin & Epstein, California Criminal Law (3d ed. 2000), Crimes Against Public Peace and Welfare, § 279.

(New January 2006)