California Penal Code §330 — Illegal Gambling
PC §330 prohibits dealing, playing, carrying on, opening, or conducting any 'banking' or 'percentage' game played for money, checks, credit, or anything of value — faro, monte, roulette, lansquenet, rouge et noir, rondo, tan, fan-tan, seven-and-a-half, twenty-one (blackjack), hokey-pokey, or any banking or percentage game played with cards, dice, or any device. Straight misdemeanor: up to 6 months in county jail and/or a $100–$1,000 fine per §330. Social poker in a private home is not prohibited if no house takes a rake.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Illegal Gambling Cases in All LA County Courts
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01 — Quick Facts
PC §330 — Illegal Gambling at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §330 — Gaming |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Max Penalty | 6 months county jail |
| Fine | $100 – $1,000 |
| Strike | No |
| Charged With | PC §331 (permitting play), §337 (bookmaking), BPC §19801 (unlicensed cardroom) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §330?
What Is California Penal Code §330?
PC §330 Reads:
"Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value... is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both."
— California Penal Code §330
PC §330 is California's core anti-gambling statute. Its target is 'banked' or 'percentage' games — games where the house has a mathematical edge or takes a percentage of every pot. Legal cardroom poker (played 'player-versus-player' with a time-based collection, not a percentage rake) is regulated under Business & Professions Code §19800 et seq., not prohibited by §330. Tribal casinos are governed by the federal Indian Gaming Regulatory Act and state compacts, not §330.
PC §330 vs. Legal Cardroom Poker vs. Bookmaking
§330 = banking or percentage games (blackjack, roulette, house-banked poker). BPC §19801 = unlicensed cardroom or unauthorized 'controlled game'. PC §337a = bookmaking on horse or sporting events. PC §319/§320 = illegal lottery. Charging office often stacks §330 with the applicable specialty statute.
PC §330 — Banking / Percentage Games
Blackjack, roulette, dice, house-poker with rake. Misdemeanor — 6 months jail max.
PC §337a — Bookmaking
Wagering on races or sports. Wobbler — up to 3 years prison.
Why §330 Matters — Small Charge, Big Collateral Consequences
Standing alone, §330 is a low-exposure misdemeanor. But charging offices routinely stack it with PC §331 (permitting play on premises), PC §337a (bookmaking), PC §182 (conspiracy), and BPC §19801 (unlicensed cardroom). Convictions can trigger cardroom license revocation, ABC liquor-license discipline, immigration crimes-of-moral-turpitude analysis, and asset-forfeiture actions under PC §335a targeting seized cash, chips, tables, and computers.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §330
To convict under PC §330 the People must prove each of the following beyond a reasonable doubt.
Dealt, Played, Carried On, Opened, or Conducted the Game
The defendant personally dealt, played, opened, or conducted an enumerated game. Mere presence as a patron of a §330 game is not itself a §330 violation — patrons face at most a §331 offense.
Enumerated Banking or Percentage Game
The game was one of the specifically listed games or 'any banking or percentage game played with cards, dice, or any device.'
For Money, Checks, Credit, or Anything of Value
Play was for money, chips redeemable for money, credit, or other value.
03 — Degrees
PC §330 — Tiers & Degrees
PC §330 is a straight misdemeanor with no degrees. Related sections handle premises and non-banking games.
PC §330 — Banking/Percentage Games
Core gaming statute. Dealer, operator, or 'conductor' liability. $100–$1,000 fine plus jail exposure.
PC §331 — Permitting Gambling on Premises
Property owner or manager who knowingly permits §330 play on premises.
PC §337a — Bookmaking
Wagering on horse racing or sports. Wobbler — much more serious.
04 — Penalties
Penalties for PC §330 Illegal Gambling in California
PC §330 exposure and companion offenses commonly filed with it.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Gaming (§330) | PC §330 | Up to 6 mo jail | Available | No |
| Permitting Gambling on Premises | PC §331 | Up to 6 mo jail | Available | No |
| Bookmaking | PC §337a | 16 mo, 2, or 3 yrs prison (wobbler) | Available | No |
| Illegal Lottery | PC §320 | Up to 1 yr jail | Available | No |
Aggravating Companion Charges
Conspiracy
PC §182
Adding two or more operators converts a §330 misdemeanor into a wobbler conspiracy exposure.
Money Laundering
PC §186.10
Gambling proceeds run through business accounts trigger felony money-laundering exposure — 16 months, 2, or 3 years.
Unlicensed Cardroom
BPC §19801
State Gambling Control Act charge — misdemeanor, plus mandatory license revocation.
RICO / Federal Illegal Gambling Business
18 U.S.C. §1955
Federal felony for 5+ operators, 30+ days, or $2,000/day in gross — up to 5 years federal.
Collateral Consequences
- Cardroom / gaming license revocation (Bureau of Gambling Control)
- ABC liquor-license discipline for the premises
- Asset forfeiture under PC §335a — cash, chips, tables, computers, vehicles
- Federal RICO or §1955 illegal-gambling-business exposure
- Immigration crime-of-moral-turpitude analysis when stacked with fraud counts
- Civil abatement under PC §11225 (red-light abatement) targeting premises
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §330 Illegal Gambling Charges
Rubin Law, P.C. defends §330 cases with premises inspections, expert gaming testimony, and asset-forfeiture challenges.
Not a Banking or Percentage Game
Legal player-versus-player poker with a time-based collection is not banked or percentage play under People v. Rehmeyer and Sullivan v. Fox and is regulated under BPC §19800 rather than prohibited by §330.
BPC §19800
Mere Player, Not Operator
The client was a patron, not a dealer/operator/conductor. §330 targets house liability; patron conduct is at most §331 (permitting) or non-criminal.
People v. Sullivan
Nothing of Value at Stake
Play for chips that could not be redeemed for cash or credit falls outside §330's 'money, checks, credit, or other representative of value' element.
PC §330
Illegal Search — Suppression
PC §1538.5 suppression of premises evidence, seized computers, or ledgers obtained without a warrant or beyond warrant scope.
Riley v. California
Entrapment by Undercover
Undercover officer induced the sale/deal after refusals or persistent pressure — Bacon-style entrapment.
People v. Barraza
Federally Regulated Tribal Gaming
Play conducted on tribal land under an approved compact and IGRA is preempted from §330 prosecution.
IGRA — 25 U.S.C. §2701
Constitutional Sources
07 — Court Process
How PC §330 Illegal Gambling Cases Move Through Los Angeles Courts
How a PC §330 gambling case moves through Los Angeles County courts.
- 1
Step 1 — Investigation / Raid
Cases typically begin with an undercover Vice Squad or Bureau of Gambling Control investigation, followed by a coordinated raid with cash, chips, tables, and computers seized.
- 2
Step 2 — Booking / Cite-Out
Operators are booked; patrons are often cite-released. Do not consent to further interviews or device searches.
- 3
Step 3 — Filing Decision
City Attorney (misdemeanor) or District Attorney (if felonies stacked). Federal §1955 referral considered on multi-operator cases.
- 4
Step 4 — Arraignment
Plea entered, bail conditions set, protective orders on premises addressed.
- 5
Step 5 — Pretrial Motions
PC §1538.5 (suppression), motion to compel gaming records, expert designation on 'banking vs. non-banking' distinction.
- 6
Step 6 — Trial or Negotiated Disposition
Common outcomes: dismissal on 'not a banked game' defense, infraction reduction, or plea to §331 permitting with $0 jail.
Los Angeles Courts That Handle PC §330 Illegal Gambling Cases
LA-area courts most commonly handling PC §330 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Illegal Gambling Defense Attorney
Daniel S. Rubin has defended clients charged with illegal gambling and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §330 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Illegal Gambling Cases Throughout LA County
09 — FAQs
PC §330 Illegal Gambling Questions — Los Angeles
Is poker illegal in California?
No. Player-versus-player poker with a time-based collection is legal under BPC §19800 and is not prohibited by §330. Only 'banked' or 'percentage' poker (where the house plays against the players or takes a rake) is prohibited.
What is the punishment for PC §330?
Up to 6 months in county jail and a $100–$1,000 fine. Probation is available; no jail is standard for first-time operators.
Is home poker legal?
Yes, if no operator takes a rake or fee and it is truly a social game among peers. Charging a 'house cut' converts a lawful home game into a §330 offense.
What is a 'banking' game?
A game in which the house plays against the players or takes wagers — blackjack, roulette, baccarat, craps, house-banked poker. §330 targets these games specifically.
Can I lose my liquor license?
Yes. ABC will initiate license discipline for any §330 conviction on licensed premises, and the Bureau of Gambling Control will move to revoke any cardroom license.
Will police seize the cash and chips?
Yes. PC §335a authorizes forfeiture of gambling devices, chips, and stakes seized in a §330 raid. Rubin Law, P.C. files 335a forfeiture challenges to recover client property.
Is there federal exposure?
Yes, if 5+ persons are involved, the operation runs 30+ days, or grosses $2,000+ per day, federal 18 U.S.C. §1955 illegal-gambling-business charges (up to 5 years) are possible.
What should I do if I'm arrested?
Say nothing beyond identifying yourself, do not consent to searches of your devices or vehicle, do not sign anything at booking, and call Rubin Law, P.C. before speaking to any investigator.
Available 24/7 — Free Consultation
Charged With PC §330 Gambling in Los Angeles?
§330 is a misdemeanor — but it comes with license revocation, cash forfeiture, and possible federal §1955 exposure. Rubin Law, P.C. defends operators, patrons, and cardroom licensees. Call now for a free consultation.