California Criminal Jury Instructions (CALCRIM) (2017)

2996. Betting or Wagering

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2996.Betting or Wagering (Pen. Code, § 337a(a)(6))
The defendant is charged [in Count ] with (making[,]/ [or]
offering[,]/ or accepting) a bet [in violation of Penal Code section
337a(a)(6)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (made[,]/ [or] offered[,]/ or accepted) a bet;
AND
2. The defendant knew that (he/she) was (making[,]/ [or] offering[,]/
or accepting) 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)(6).
• 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. Ghio (1927) 82 Cal.App. 28, 32–33 [255 P.
205].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 281.
RELATED ISSUES
Cash Not Required
Abet 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
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something of value equivalent to money. (Ibid.)
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