CALCRIM No. 2995

Code, § 337a(a)(5))

The defendant is charged [in Count] with permitting a place to

be used for betting activities [in violation of Penal Code section

337a(a)(5)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant owned, rented, or occupied a place;

2. The defendant allowed the place to be used for (bookmaking[,]/

[or] pool selling[,]/ [or] recording [or registering] bets[,]/ [or]

receiving, holding, or forwarding bets);

AND

3. The defendant knew that the place was being used for that

purpose.

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.

[Bookmaking includes the taking of bets, either orally or recorded in

writing. The defendant does not need to be involved in betting as a

business or occupation. The taking of one bet is sufficient.]

[Pool selling means selling or distributing shares or chances in a betting

pool. The defendant does not need to be involved in selling or

distributing shares or chances as a business or occupation. A single act

that violates the statute is sufficient. [It is not necessary that the event

that is the subject of a betting pool actually take place.]]

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.]]

New January 2006