• Illegal Gambling Penal Code
• Illegal Gambling Criminal Codes

With the popularity of televised poker tournaments and the expansion of establishments that are allowed to conduct gaming operations, gambling is more widespread than it ever has been before. However, despite the popularity and even acceptance of gambling, this activity is prohibited by law in certain situations. Under California Penal Code Section 330 PC, gaming is illegal and can expose those convicted to criminal penalties.

The Nigerian Criminal Code Act The second Act in Nigeria that pertains to what constitutes legal and illegal gambling practices is the Nigerian Criminal Code, specifically Subsection 1 of Section 236 in Chapter 22. In this Act, an illegal gaming house is defined as any property or venue where unlawful gaming is offering or undertaken. Offences relating to gambling are found in Part VII of the Criminal Code relating to 'Disorderly Houses, Gaming and Betting'. There are three classes of offences in relation to Gambling under the Criminal Code. Those offences relate Keeping a Gaming/Betting House (201), Betting and Book-Making (202), and Placing bets on behalf of others (203).

To prove a charge of gaming, a prosecutor must be able to establish the following elements:

1. The defendant deals, plays or carries on or conducts any banking or percentage game.


2. OR the defendant played or bet at or against any of those games


3. AND the games were one of the following, non-exhaustive prohibited games:
   1. Faro
   
   
   2. Monte
   
   
   3. Roulette
   
   
   4. Lansquenet
   
   
   5. Rouge et noire
   
   
   6. Rondo
   
   
   7. Tan
   
   
   8. Fan-Tan
   
   
   9. Seven and a Half
   
   
   10. Twenty One
   
   
   11. Hokey Pokey
   
   
   12. Or any banking or percentage game played with:
       1. Cards
       
       
       2. Dice
       
       
       3. Or any other device

Social poker games may be permissible as long as there is no “rake” that is taken from a percentage of the bets placed. If this exists, the game would be considered a percentage game and thus impermissible under California Penal Code Section 330 PC.

Other similar or related offenses include:

1. Obtaining Money by Fraud through Gaming - California Penal Code Section 332 PC

A man runs a weekly poker game at his house that soon gains a reputation for taking high-stakes bets. The man begins to collect a fee based on a percentage of the bets placed over the course of the night. Because the man began collecting this percentage, he would be in violation of California Penal Code Section 330 PC as he was running a percentage game. This type of gambling is prohibited under the law.

In another example, a man runs a neighborhood poker game featuring low-stakes bets. He does not take any percentage of the bets and derives no profit from the gambling that occurs at his house. This man would not be criminally liable under California Penal Code Section 330 PC because he did not operate a banking or percentage game.

In another example, a church group throws a fundraiser that features charitable poker tables, a raffle and bingo. These activities are all forms of gambling that are conducted on the church grounds, and the church receives a percentage of the money received. The church group would not be criminally liable under California Penal Code Section 330 PC, as charitable groups are permitted to conduct poker games, raffles and bingo in furtherance of the charity.

Social poker games will generally not violate the law, however if the game relies on a “rake” based on a percentage of the bets received, this game would not be permissible. If there is no “rake,” the defendant would not be guilty of gaming under California Penal Code Section 330 PC.

California does permit gambling at charitable events, as long as it is limited to poker, bingo and raffles. Internet based gambling or slots would not be permissible even if conducted by a charity.

Gaming is a misdemeanor level offense and those convicted can be sentenced to up to six months in jail. In addition, a judge may impose several conditions of probation that a defendant would have to complete, including community service and/or labor and treatment for compulsive gambling issues.

If you have been charged under California’s gaming laws, it is absolutely critical that you speak with a knowledgeable and experienced Los Angeles Criminal Defense Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Lawyer Michael Kraut understands how best to fight allegations of gaming. In many instances, Mr. Kraut is able to prevent a criminal filing altogether by intervening and meeting with prosecutors and/or law enforcement while charges are still being contemplated. A conviction for gaming can carry severe collateral consequences, including problems obtaining future employment and housing. Mr. Kraut works hard to help his clients avoid these types of consequences.

For more information about gaming, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Overview

Offences relating to gambling are found in Part VII of the Criminal Code relating to 'Disorderly Houses, Gaming and Betting'.

There are three classes of offences in relation to Gambling under the Criminal Code. Those offences relate Keeping a Gaming/Betting House (201), Betting and Book-Making (202), and Placing bets on behalf of others (203).

Pleadings

Offences under s. 201(1) [keeping gaming or betting house], 202 [betting, pool-selling, book-making, etc.] and 203 [placing bets on behalf of others] are absolute jurisdiction offences under s. 553(a) and so does not have a defence election of court. It must be tried by a provincial court judge.

Offences under s. 201(2) [person found in or owner permitting use] are straight summary conviction offence. The trial must be held in provincial court.

Release

When charged under s. 201(1), 201(2), 202 or 203, the accused can be given an appearance notice without arrest under s. 497 or a summons. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.

Fingerprints and Photos

A peace officer who charges a person under s. 202 or 203 of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.

Publication Bans

For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of 'any information that could identify the victim or witness' under s. 486.5(1) where it is 'necessary' for the 'proper administration of justice'. Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.

Offence Designations

See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.

Offence Wording

Keeping gaming or betting house

201 (1) Every person who keeps a common gaming house or common betting house is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) an offence punishable on summary conviction.

Person found in or owner permitting use

(2) Every one who

(a) is found, without lawful excuse, in a common gaming house or common betting house, or

(b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house,

is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 185;2019, c. 25, s. 70.

Betting, pool-selling, book-making, etc.

202 (1) Every one commits an offence who

(a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;

(b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;

(c) has under his control any money or other property relating to a transaction that is an offence under this section;

(d) records or registers bets or sells a pool;

(e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;

(f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;

(g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial

(i) whether the information is published before, during or after the race, fight game or sport, or

(ii) whether the race, fight, game or sport takes place in Canada or elsewhere,

but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;

(h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;

(i) wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or

(j) aids or assists in any manner in anything that is an offence under this section.

Punishment

(2) Every one who commits an offence under this section is guilty of an indictable offence and liable

(a) for a first offence, to imprisonment for not more than two years;

(b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and

(c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

R.S., 1985, c. C-46, s. 202; 2008, c. 18, s. 5.

Placing bets on behalf of others

203. Every one who

(a) places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,

(b) engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or

(c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,

is guilty of an indictable offence and liable

(d) for a first offence, to imprisonment for not more than two years,

(e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and

(f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

R.S., c. C-34, s. 187; 1974-75-76, c. 93, s. 11.

Draft Form of Charges

See also: Draft Form of Charges

Proof of the Offences

Interpretation of the Offence

Purpose

The primary concern of s. 202 is concerned with 'bookmakers, pool sellers, gaming house keepers and their activities' as well as those who assist them. It is not concerned with those buy tickets or place bets.^[1]

'Bookmaking'

The term bookmaking refers to the profession of taking or negotiating bets, keeping betting accounts. It is not limited to horseracing.^[2]

'Betting' and 'Gaming'

Acquiring a share of a lottery ticket can be a form of gaming or betting.^[3]

Keeping Betting Devices (202(1)(b))

To make out an offence under s. 202(1)(b), the Crown is required to prove:^[4]

1. 'that the [accused] kept devices in a place under her control' (actus reus);
2. 'that these devices were gambling devices' (actus reus); and
3. 'that the [accused] knew that the devices were gambling devices and knowingly kept them'.

Recording or Registering (202(1)(d))

The recording that makes up the offence under s. 202(1)(d) must be that of the book-keeper, not the bettor.^[5]

Constitutionality

Section 199 does not violate the Charter.^[6]

The provision of s. 202(1)(b) is intra vires the authority of Parliament criminal law making powers.^[7]

1. ↑R v Michael, 1974 ALTASCAD 48 (CanLII), perMoir JA, at para 22 ('The entire section is chiefly concerned with a certain class of society, bookmakers, pool sellers, gaming house keepers and their activities. In addition, the section is aimed at those who assist or aid these people, and their activities are made criminal. Parliament has not made it a crime to buy a pool ticket or to place a bet with the bookmaker.')
2. ↑R v Decome, 1991 CanLII 3847 (QC CA)
3. ↑R v World Media Brokers Inc., 1998 CanLII 27760 (ON CJ), perFairgrieve J('... Brooke J.A.'s use of the word 'game' to describe the risking of money that could produce either a win or loss. His Lordship also observed that the accused there had been properly acquitted by the trial judge of the charge of 'placing bets for consideration', not because 'bets' were not being placed, but because there was no 'consideration' received by the accused for having done so. That, in my view, provides appellate authority for the obvious proposition, ..., that acquiring a share of a lottery ticket is a 'bet' and a lottery is a 'game', within the meaning of the Criminal Code.')
4. ↑R v Kent, 1994 CanLII 62 (SCC), [1994] 3 SCR 133
5. ↑Michael, supra, at para 20 ('In that sense they must apply to the records or register of the bookmaker and not to the mere writing of the appellant. In my view the writing by the appleeant was merely a convenient means of communicating the appellant’s selections for the day and the amounts he wished to wager on each horse to the bookmaker.')
6. ↑R v Huynh, 2009 ABQB 637 (CanLII), perHawco J
7. ↑R v J.B.L. Amusements Ltd., 1998 CanLII 18037 (NL CA), perGushue JA, at paras 8 to 14

Misc Definitions

PART VII

Disorderly Houses, Gaming and Betting

Interpretation

Definitions

197 (1) In this Part [Pt. VII – Disorderly Houses, Gaming and Betting (s. 197 to 213)],

'bet' means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; (pari)

...
'common betting house' means a place that is opened, kept or used for the purpose of

(a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or

(b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; (maison de pari)

'common gaming house' means a place that is

(a) kept for gain to which persons resort for the purpose of playing games, or

(b) kept or used for the purpose of playing games

(i) in which a bank is kept by one or more but not all of the players,

(ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,

(iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or

(iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; (maison de jeu)

'disorderly house' means a common betting house or a common gaming house; (maison de désordre)

'game' means a game of chance or mixed chance and skill; (jeu)

'gaming equipment' means anything that is or may be used for the purpose of playing games or for betting; (matériel de jeu)

'keeper' includes a person who

(a) is an owner or occupier of a place,

(b) assists or acts on behalf of an owner or occupier of a place,

(c) appears to be, or to assist or act on behalf of an owner or occupier of a place,

(d) has the care or management of a place, or

(e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; (tenancier)

'place' includes any place, whether or not

(a) it is covered or enclosed,

(b) it is used permanently or temporarily, or

(c) any person has an exclusive right of user with respect to it; (local ou endroit)

'public place' includes any place to which the public have access as of right or by invitation, express or implied. (endroit public)

Exception

(2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition common gaming house in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if

(a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and

(b) no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a licence issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof.

Onus

(3) The onus of proving that, by virtue of subsection (2) , a place is not a common gaming house is on the accused.

Effect when game partly played on premises

(4) A place may be a common gaming house notwithstanding that

(a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere;

(b) the stake that is played for is in some other place; or

(c) it is used on only one occasion in the manner described in paragraph (b) of the definition common gaming house in subsection (1) [disorderly houses, gaming and betting – definitions], if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.

R.S., 1985, c. C-46, s. 197;R.S., 1985, c. 27 (1st Supp.), s. 29;2014, c. 25, s. 12;2019, c. 25, s. 69.1.
[annotation(s) added]

Exemptions

Participation of Third Parties

See also: Role of the Victim and Third Parties and Testimonial Aids for Young, Disabled or Vulnerable Witnesses

Testimonial Aids

Certain persons who testify are entitled to make application for the use of testimonial aids: Exclusion of Public (s. 486), Use of a Testimonial Screen (s. 486), Access to Support Person While Testifying (s. 486.1), Close Proximity Video-link Testimony (s. 486.2), Self-Represented Cross-Examination Prohibition Order (s. 486.3), and Witness Security Order (s. 486.7).

A witness, victim or complainant may also request publication bans (s. 486.4, 486.5) and/or a Witness Identity Non-disclosure Order (s. 486.31). See also, Publication Bans, above.

On Finding of Guilt

Under s. 738, a judge must inquire from the Crown before sentencing whether 'reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages'.

Under s. 722(2), the judge must inquire '[a]s soon as feasible' before sentencing with the Crown 'if reasonable steps have been taken to provide the victim with an opportunity to prepare' a victim impact statement. This will include any person 'who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss' as a result of the offence. Individuals representing a community impacted by the crime may file a statement under s. 722.2.

Sentencing Principles and Ranges

See also: Purpose and Principles of Sentencing, Sentencing Factors Relating to the Offender, and Sentencing Factors Relating to the Offence

Maximum Penalties

Offences under s. 201(1) and 202(2) are straight indictable. The maximum penalty is 2 years incarceration.

Offences under s. 201(2) are straight summary conviction offences. The maximum penalty is 2 years incarceration.

Minimum Penalties

Offences under s. 201(1) and (2) have no mandatory minimum penalties.

For offences under s. 202 and 203 have a mandatory minimum of 14 days jail on a second conviction and 3 months jail on three or more convictions there is a mandatory minimum penalty of {{{2}}}.

Available Dispositions

All dispositions are available.The judge may order a discharge (s. 730), suspended sentence (s. 731(1)(a)), fine (s. 731(1)(b)), custody (s. 718.3, 787), custody with probation (s. 731(1)(b)), custody with a fine (s. 734), or a conditional sentence (s. 742.1).

Consecutive Sentences

There are no statutory requirements that the sentences be consecutive.

Ranges

Discharges, either conditional or absolute, are a possible disposition for first-time offenders.^[1]

1. ↑R v Colosimo, 2011 MBPC 70 (CanLII), perPollack J

Ancillary Sentencing Orders

See also: Ancillary Orders

Offence-specific Orders

• None

General Sentencing Orders

General Forfeiture Orders

Illegal Gambling Penal Code

Record Suspensions and Pardons

Convictions under s. 201 to 203 are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years after the expiration of sentence for summary conviction offences and 10 years after the expiration of sentence for all other offences. The offender may not have the record suspended where the offender was (1) convicted of 3 or more offences with a maximum penalty of life, and (2) for each 3 offences he 'was sentenced to imprisonment for two years or more'.

Illegal Gambling Criminal Codes

History

See also: List of Criminal Code Amendments and Table of Concordance (Criminal Code)

1985 to 2008

Betting, pool-selling, book-making, etc.

202 (1) Every one commits an offence who

(a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;

(b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;

(c) has under his control any money or other property relating to a transaction that is an offence under this section;

(d) records or registers bets or sells a pool;

(e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;

(f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;

(g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial

(i) whether the information is published before, during or after the race, fight game or sport, or

(ii) whether the race, fight, game or sport takes place in Canada or elsewhere,

but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;

(h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;

(i) wilfully and knowingly sends, transmits, delivers or receives any message by radio, telegraph, telephone, mail or express that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or

(j) aids or assists in any manner in anything that is an offence under this section.

Punishment

(2) Every one who commits an offence under this section is guilty of an indictable offence and liable

(a) for a first offence, to imprisonment for not more than two years;

(b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and

(c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

R.S., c. C-34, s. 186; 1974-75-76, c. 93, s. 11.

Placing bets on behalf of others

203. Every one who

(a) places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,

(b) engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or

(c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,

is guilty of an indictable offence and liable

(d) for a first offence, to imprisonment for not more than two years,

(e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and

(f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

R.S., c. C-34, s. 187; 1974-75-76, c. 93, s. 11.

See Also

References