CALCRIM No. 2992

§ 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.

A bet 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