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
1. The defendant engaged in bookmaking;
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
The court has a sua sponte duty to give this instruction deﬁning the elements of
• 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.
• Knowledge Required. People v. Coppla (1950) 100 Cal.App.2d 766, 768 [224
• 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