California Penal Code §332 — Gambling Fraud
PC §332 punishes fraudulently obtaining money or property from another by means of card tricks, three-card monte, shell games, dice tricks, betting-fraud schemes, or 'confidence' games. It is a wobbler — misdemeanor up to 1 year in county jail when the loss is $950 or less; felony (16 months, 2, or 3 years prison) when the loss exceeds $950. §332 covers cheating, marked cards, loaded dice, past-posting, and any scheme where the 'game' is a vehicle for fraud rather than genuine chance.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Gambling Fraud Cases in All LA County Courts
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01 — Quick Facts
PC §332 — Gambling Fraud at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §332 — Fraudulent Gaming |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Misdemeanor Penalty | Up to 1 year county jail |
| Felony Penalty (>$950) | 16 mo, 2, or 3 yrs prison |
| Strike | No |
| Restitution | Mandatory to victim under PC §1202.4 |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §332?
What Is California Penal Code §332?
PC §332 Reads:
"Every person who by the game of 'three card monte,' so-called, or any other game, device, sleight of hand, pretensions to fortune telling, trick, or other means whatever, by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently obtains from another person money or property of any description, shall be punished as in case of larceny of property of like value."
— California Penal Code §332(a)
PC §332 is California's gambling-fraud statute. Unlike PC §330 (which criminalizes running an unlawful banking or percentage game), §332 targets cheating — using marked cards, loaded dice, sleight-of-hand, shill players, past-posting, or confidence tricks to obtain money by fraud disguised as a game. The statute borrows its penalty from the theft statutes: 'punished as in case of larceny of property of like value,' making the crime a wobbler above $950 in loss (post-Prop 47) and a misdemeanor at or below.
PC §332 vs. PC §330 vs. PC §484 Theft
§330 = running a banked or percentage game. §332 = cheating or defrauding at any game. §484/§487 = general grand or petty theft. §332 is often charged alongside conspiracy (§182) and money-laundering (§186.10) where organized crews are involved.
PC §332 — Cheating / Confidence Game
Fraud in play. Marked cards, loaded dice, shills. Wobbler above $950 in loss.
PC §330 — Illegal Gambling
Running a banked or percentage game. Misdemeanor — 6 months jail max.
Why §332 Charges Carry Real Prison Exposure
§332 borrows its penalty from grand theft — meaning felony state prison exposure the moment loss exceeds $950. Casino cheats, three-card monte crews, and 'psychic reader' fraud cases regularly involve multiple victims and stacked counts. Once conspiracy (§182) and organized-fraud (§186.11 white-collar enhancement) are added, exposure grows quickly. Immigration counsel should be involved from day one — §332 is routinely deemed a crime involving moral turpitude.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §332
To convict under PC §332 the People must prove each element beyond a reasonable doubt.
Used a Game, Trick, Device, or Sleight of Hand
The defendant used cards, dice, three-card monte, shell game, sleight of hand, fortune-telling pretense, or other device or scheme.
Fraudulently Obtained Money or Property
Money or property was actually obtained by fraud, not simply attempted (attempt is charged under §664/§332).
From Another Person
The victim was a real person (not an undercover officer running a sting — sting cases are typically charged as attempt under §664/§332).
03 — Degrees
PC §332 — Tiers & Degrees
PC §332 has no formal degrees, but Prop 47 divides it by loss amount.
Misdemeanor §332 — Loss ≤ $950
Post–Prop 47 default when loss is $950 or less. County jail max; probation nearly universal on first offense.
Felony §332 — Loss > $950
Prosecuted as grand theft. Immigration-consequential crime of moral turpitude.
Attempted §332
Sting operations and interrupted schemes charged under §664/§332.
04 — Penalties
Penalties for PC §332 Gambling Fraud in California
PC §332 exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §332 — Misdemeanor (≤ $950) | PC §332(a) | Up to 1 year county jail | Available | No |
| §332 — Felony (> $950) | PC §332(a) | 16 mo, 2, or 3 years prison | Available | No |
| Conspiracy | PC §182 | Same as underlying felony | Available | No |
| White-Collar Enhancement | PC §186.11 | +1 to +5 years for aggravated white-collar crime | No | No |
Aggravating Companion Charges
Grand Theft / Petty Theft
PC §487 / §484
Often filed in the alternative — same $950 Prop 47 threshold.
Elder Fraud
PC §368(d)
Victim 65+ triggers §368(d) enhancement — 2, 3, or 4 additional years.
White-Collar Aggravated Enhancement
PC §186.11
Losses >$100,000 across two or more felonies trigger a 1–5 year enhancement.
Money Laundering
PC §186.10
Proceeds run through accounts add 1, 2, or 3 years.
Federal Wire Fraud
18 U.S.C. §1343
Any interstate communication (phone, internet, wire transfer) converts the case to federal wire fraud — up to 20 years.
Collateral Consequences
- Mandatory victim restitution under PC §1202.4
- Crime of moral turpitude — inadmissibility and removability
- Aggravated felony immigration exposure at $10,000+ loss threshold
- Bureau of Gambling Control license revocation
- Casino / ABC exclusion under BPC §25666
- Professional-license discipline (real estate, insurance, financial services)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §332 Gambling Fraud Charges
Rubin Law, P.C. defends §332 cases with forensic gaming experts, video-review challenges, and Prop 47 wobbler-reduction motions.
No Actual Fraud — Legitimate Play
The 'losses' resulted from luck, skill, or normal variance, not cheating. Card-counting and advantage play are not fraud under Ciminelli and California caselaw.
People v. Ciminelli
Prop 47 Reduction (≤ $950)
Loss $950 or less mandates misdemeanor treatment. Aggregate losses from separate transactions cannot be summed absent common scheme.
PC §1170.18
Mere Presence — Not a Participant
Client was a bystander, not a shill, roper, or dealer. Presence at a three-card monte 'game' is not participation in fraud.
PC §332
Entrapment — Undercover Sting
Officer induced the fraudulent play after repeated refusals or pressure — Bacon-style entrapment.
People v. Barraza
No Property Actually Obtained
Attempt only — sting money returned to officer is not a 'loss' under §332. Reduces to attempt (§664/§332) with half the penalty.
Illegal Search of Casino Records / Devices
PC §1538.5 suppression of casino surveillance, backroom evidence, and marked-card exemplars obtained beyond warrant scope.
Riley v. California
Constitutional Sources
07 — Court Process
How PC §332 Gambling Fraud Cases Move Through Los Angeles Courts
How a PC §332 gambling-fraud case moves through LA County courts.
- 1
Step 1 — Investigation / Surveillance
Cases begin with casino security footage, sting operations, or victim reports. Surveillance video and marked-currency exhibits typically drive the case.
- 2
Step 2 — Arrest / Cite-Out
Operators are typically booked; players may be cite-released. Do not consent to device searches or explain the 'game' to police.
- 3
Step 3 — Filing Decision
City Attorney (misdemeanor ≤ $950) or District Attorney (felony > $950 or organized-crew cases). Prop 47 analysis controls.
- 4
Step 4 — Arraignment
Charges read; bail set; victim contact orders addressed.
- 5
Step 5 — Preliminary Hearing (Felony)
Cross-examine casino security, forensic dealers, and victim on 'fraud' element.
- 6
Step 6 — Trial or Negotiated Plea
Common resolutions: reduction to misdemeanor §332 or petty theft, PC §17(b) motion post-plea, restitution-and-dismiss dispositions on first offenses.
Los Angeles Courts That Handle PC §332 Gambling Fraud Cases
LA-area courts most commonly handling PC §332 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Gambling Fraud Defense Attorney
Daniel S. Rubin has defended clients charged with gambling fraud 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 §332 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Gambling Fraud Cases Throughout LA County
09 — FAQs
PC §332 Gambling Fraud Questions — Los Angeles
What is PC §332?
PC §332 is California's gambling-fraud statute. It punishes obtaining money by cheating at any game — marked cards, loaded dice, three-card monte, shell games, sleight of hand, or fortune-telling scams.
Is PC §332 a felony?
A wobbler. Misdemeanor when the loss is $950 or less; felony (16 mo, 2, or 3 years prison) when loss exceeds $950 — Prop 47 controls.
Is card counting a §332 violation?
No. Card counting and advantage play using only your own mind are not 'fraud' under California law. §332 requires cheating — marked cards, past-posting, colluding shills, or devices.
Can I be charged with §332 for a home poker game?
Only if you cheated. Playing legitimately at a home game with no rake is not a crime. Using marked cards, hidden cameras, or colluding partners converts play into §332 fraud.
What is the difference between §330 and §332?
§330 = running an illegal banked/percentage game. §332 = cheating at any game to defraud players. §330 targets operators; §332 targets cheats.
Will restitution be ordered?
Yes. PC §1202.4 makes victim restitution mandatory in all §332 convictions. Full restitution before sentencing often supports probation and misdemeanor reduction.
Is §332 a crime of moral turpitude?
Yes. §332 involves fraud and is deemed a crime of moral turpitude — with immigration consequences for non-citizens (inadmissibility and possible removal).
What should I do if I'm charged?
Say nothing, do not sign a promissory note or restitution agreement without counsel, preserve any surveillance video or messages, and call Rubin Law, P.C. before speaking to investigators.
Available 24/7 — Free Consultation
Charged With PC §332 Gambling Fraud in Los Angeles?
§332 is a wobbler with real prison exposure above $950 — plus restitution and casino exclusion. Rubin Law, P.C. defends casino cheats, three-card monte crews, and advantage players. Call now for a free consultation.