CALCRIM No. 2990. Bookmaking (Pen. Code, § 337a(a)(1))

Judicial Council of California Criminal Jury Instructions (2023 edition)

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G. BETTING
2990.Bookmaking (Pen. Code, § 337a(a)(1))
The defendant is charged [in Count ] with bookmaking [in
violation of Penal Code section 337a(a)(1)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant engaged in bookmaking;
AND
2. When the defendant acted, (he/she) knew that (he/she) was
engaging in bookmaking.
Bookmaking includes the taking of bets, either orally or recorded in
writing. The defendant does not need to be involved in betting as a
business or occupation. The taking of one bet is sufficient.
Abet is a wager or agreement between two or more people that if an
uncertain future event happens, the loser will (pay money to the winner/
[or] give the winner something of value). [A bet includes a wager made
on the outcome of any actual or purported event, including but not
limited to any kind of sporting contest [or <insert
description of event from Pen. Code, § 337a>].] [It is not necessary that
the event that was bet on actually take place.]
New January 2006
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(a)(1); People v. Burch (1953) 118 Cal.App.2d 122,
124 [257 P.2d 44]; People v. Ghio (1927) 82 Cal.App. 28, 32-33 [255 P. 205].
• Knowledge Required. People v. Coppla (1950) 100 Cal.App.2d 766, 768 [224
P.2d 828].
• Bookmaking Defined. People v. Thompson (1962) 206 Cal.App.2d 734, 739 [24
Cal.Rptr. 101]; People v. Fontes (1970) 7 Cal.App.3d 650, 653-654 [86
Cal.Rptr. 790]; People v. Bradford (1949) 95 Cal.App.2d 372, 377-378 [213 P.2d
37].
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• Bet Defined. People v. Oreck (1946) 74 Cal.App.2d 215, 220 [168 P.2d 186].
• Writing Not Required. Pen. Code, § 337a(a)(1); People v. Burch (1953) 118
Cal.App.2d 122, 124 [257 P.2d 44].
• One Bet Sufficient. People v. Buckman (1960) 186 Cal.App.2d 38, 50 [8
Cal.Rptr. 765].
• Event Need Not Occur. People v. Ghio (1927) 82 Cal.App. 28, 32-33 [255 P.
205].
COMMENTARY
As a result of statutory amendments, the committee believes that there is no longer
a distinction between the elements of this crime and the offense of accepting a bet.
(Pen. Code § 337a(a)(6); see CALCRIM No. 2996, Betting or Wagering.)
RELATED ISSUES
Cash Not Required
A bet does not require that the defendant receive cash. (People v. Raze (1949) 91
Cal.App.2d 918, 922 [205 P.2d 1062].) It is sufficient if the defendant received
something of value equivalent to money. (Ibid.)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 351.
CALCRIM No. 2990 VANDALISM, LOITERING, AND TRESPASS
788

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