Penal Code 337(c) PC
PC 337(c) – Accepting a Bribe to Throw a Sporting Event
Accepting a Bribe to Throw a Sporting Event – Table of Contents
It is unlawful a player, or participant of a sport to accept any value of consideration to help manipulate the natural conclusion of a sport for the benefit of, or by constructing, facilitating, designing, any act of participation, any acts of illegal betting or gambling, illegal betting pool programs, illegal bookmaking programs at any time or place for the purpose of encouraging altering the natural conclusion of the event to the detriment of the sport, its agents, sponsors, and those in lawful receipt of its gain for the personal gain of the player, or sport participant encouraged to manipulate the sport.
What acts of participation qualify for violations under a violation of Penal Code 337(c) PC?
The acts of participations that qualify for a violation of Penal Code 337(c) PC are: (1) Acting as an escrow, intermediary, straw man, or point of leverage for the purpose to affect any probability of chance that can affect any stake; any pledge; any bet; or (2) Affect the result of any stake; any pledge; any bet; or any participant in the sport to affect its natural conclusion. All the above acts are qualified as enumerated acts, meaning that they are independent and unique of each other and require no nexus to qualify as a violation under Penal Code 337(c) PC.
All the above acts are qualified as enumerated acts, meaning that they are independent of unique of each other and require no nexus to qualify as a violation under Penal Code 337(c) PC.
What is defined as bookmaking, or betting under Penal Code 337(c) PC?
Booking making is the taking of a bet, no matter if it is orally or recording the act, there is no need have personal affiliation with the circumstances of the bet. A bet is an agreement or wager between two or more people pertaining to a future event where the person who failed to indicate, guess a perspective of a future event is required to pay a consideration or thing of value, where the conclusion of the event is the subject of the bet.
What is the state of mind is required for a violation under Penal Code 337(c) PC?
The state of mind required for a violation of Penal Code 337(c) PC is knowingly. Knowingly is a conscious understanding of the nature of the act desired, which includes an objective understanding of the natural and probable consequences of any resulting events that transpire. As applied to Penal Code 337(c) PC, the State must prove beyond a reasonable doubt, that the accused had a conscious desire, as player of a sport, or a participant of a sport, to manipulate the sporting event’s natural conclusion, that is collectively bargained for and registered under a regulating State entity; by accepting any consideration of value, and desired to do so through an enumerated act; and was reasonably aware of the natural and probable consequences of any act that may result.
Are there any exceptions to a violation of Penal Code 337(c) PC?
Yes. If the participant of any of the enumerating acts does not receive cash, a wage, or thing of material value; but as like other participants receives a novelty or commemorative item that designates their participation that is proportionally shared to others who participated.
Any violation of Penal Code 337(c) PC is chargeable as a misdemeanor or felony. If charged as misdemeanor penalties include confinement not exceeding 1 year in jail. If charged as felony penalties include confinement terms of 16 months, 2, 3 years in prison. As a first offense, fines will not exceed $5,000 dollars. If, upon a second offense, the State pleads in the complaint or information the prior, to qualify as either a misdemeanor or felony. The chargeable misdemeanor has the penalties of confinement not exceeding 1 year in jail. The chargeable felony has penalties of confinement terms of 16 months, 2, 3 years in prison. But the fines for the second offense will range between $1,000 to $10,000 dollars.
What is an example of a violation of Penal Code 337(c) PC?
1.Teddy knew that his friend’s son Casey was a referee for an NBX Semi Pro League. Teddy was a highly successful bookie that was childhood friends with Casey’s father. Casey’s father arranged for Teddy and Casey to meet at the gym and workout with each other. While working out with, Teddy offered Casey a pair of round-trip tickets worth $20,000 dollar to call no fouls at the last 5 mins of the 4th quarter of next week’s game. The referee accepted the tickets. A nearby gym member heard the conversation and called the local paper. The local paper contacted the police. After an investigation Teddy, Casey and his father were arrested.
- Unforeseeable circumstances – The betting pool, wager, or booking making was compromised by unforeseeable circumstances that diverted the bet’s purpose from the enumerated acts.
- Reasonable withdrawal – The results of the bets were not consummated, and the all-necessary steps were taken to refund most of the participants any vestments made prior to. As well as, if needed, the police being notified.
- The proceeds of the payout were novelties not of value.
If you are charged with a violation of Penal Code 337(c) PC, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.
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