California Criminal Jury Instructions (CALCRIM) (2017)

2994. Recording Bets

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2994.Recording Bets (Pen. Code, § 337a(a)(4))
The defendant is charged [in Count ] with recording [or
registering] a bet [in violation of Penal Code section 337a(a)(4)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant recorded [or registered] a bet;
AND
2. When the defendant acted, (he/she) knew that (he/she) was
recording or registering 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.]
Recording [or registering] a bet means making a notation on paper, or
using any other material or device, to allow winnings on the bet to be
distributed in the future. [Recording [or registering] a bet does not
require the type of registering or recording that occurs in a legitimate
business establishment.]
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)(4); People v. Allen (1953) 115 Cal.App.2d
745, 747 [252 P.2d 968].
• Knowledge Required. See People v. Coppla (1950) 100 Cal.App.2d 766, 768
[224 P.2d 828].
• Bet Defined. People v. Oreck (1946) 74 Cal.App.2d 215, 220 [168 P.2d 186].
• Event Need Not Occur. People v. Warnick (1948) 86 Cal.App.2d 900, 902
[195 P.2d 552].
• Recording a Bet. People v. Ross (1950) 100 Cal.App.2d 116, 121 [223 P.2d
772
0076
85].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 281.
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2994
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