California Criminal Jury Instructions (CALCRIM) (2017)

2993. Receiving or Holding Bets

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2993.Receiving or Holding Bets (Pen. Code, § 337a(a)(3))
The defendant is charged [in Count ] with (receiving[,]/ [or]
holding[,]/ [or] forwarding) bets [in violation of Penal Code section
337a(a)(3)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (received[,]/ [or] held[,]/ [or] forwarded) money
[or something valuable];
AND
2. The defendant knew that it was given to (him/her) as a bet.
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)(3); People v. Gaspard (1960) 177 Cal.App.2d
487, 488 [2 Cal.Rptr. 193].
• Must Receive Money or Thing of Value. People v. Gaspard (1960) 177
Cal.App.2d 487, 488 [2 Cal.Rptr. 193]; People v. Chavez (1950) 100
Cal.App.2d 356, 359 [223 P.2d 663].
• Bet Defined. People v. Oreck (1946) 74 Cal.App.2d 215, 220 [168 P.2d 186].
• Event Need Not Occur. People v. Chavez (1950) 100 Cal.App.2d 356, 359
[223 P.2d 663].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 281.
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0074
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.)
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2993
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0075