CALCRIM No. 2992. Keeping a Place for Recording Bets (Pen. Code, § 337a(a)(2))

Judicial Council of California Criminal Jury Instructions (2024 edition)

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2992.Keeping a Place for Recording Bets (Pen. Code,
§ 337a(a)(2))
The defendant is charged [in Count ] with keeping a place for the
purpose of recording [or registering] bets or shares in a betting pool [in
violation of Penal Code section 337a(a)(2)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant kept or occupied a place for any period of time;
2. The defendant kept or occupied the place for the purpose of
recording [or registering] bets or shares in a betting pool;
3. The place contained [(a/an)] (book[,]/ [or] paper[,]/ [or]
apparatus[,]/ [or] device[,]/ [or] paraphernalia) to record [or
register] bets or shares in a betting pool;
AND
4. The defendant possessed the (book[,]/ [or] paper[,]/ [or]
apparatus[,]/ [or] device[,]/ [or] paraphernalia) for the purpose of
recording [or registering] bets or shares in a betting pool.
As used here, a place means the whole or part of any (room[,]/ [or]
building[,]/ [or] stand[,]/ [or] shed[,]/ [or] tenement[,]/ [or] tent[,]/ [or]
booth[,]/ [or] float[,]/ [or] vessel[,]/ [or] vehicle[,]/ [or] enclosure) of any
kind.
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.]
[It is not required that any bets actually be made.]
New January 2006
790
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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)(2); Finster v. Keller (1971) 18 Cal.App.3d 836,
847-848 [96 Cal.Rptr. 241]; People v. Cuda (1960) 178 Cal.App.2d 397, 414 [3
Cal.Rptr. 86].
• Place Applies to Vehicle. People v. Roche (1945) 68 Cal.App.2d 665, 669-670
[157 P.2d 440].
• Bet Defined. People v. Oreck (1946) 74 Cal.App.2d 215, 220 [168 P.2d 186].
• Actual Bet Not Required. People v. Cuda (1960) 178 Cal.App.2d 397, 414 [3
Cal.Rptr. 86].
RELATED ISSUES
Ownership Not Required
Test is occupancy, rather than ownership, of the premises for the illegal purposes.
(People v. Reyes (1976) 62 Cal.App.3d 53, 69 [132 Cal.Rptr. 848].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 353.
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2992
791

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