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;
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.]
The court has a sua sponte duty to give this instruction defining the elements of the crime.
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].
3 Witkin & Epstein, California Criminal Law (3d ed. 2000), Crimes Against Public Peace and Welfare, § 279.
(New January 2006)