Obtaining Money by Fraud Through Gambling

Penal Code 332 PC

Penal Code 332 – Overview

It is unlawful for a person through the game of “three card monte,” game of confidence, or sleight of hand, fortune telling, to uses devices to facilitate the game by fraud or trick, to take property of another that is betting on the game with the intent to permanently deprive that person of the property used to place a bet.

Is Larceny defined under Penal Code 332 PC?

Yes. Larceny is the trespassory taking of another with the intent to permanently deprive. The State must prove, beyond a reasonable doubt, that the accused took possession of property owned by another, without consent; and when taking the property, the person had the intent to permanently deprive the owner of the property or the quite an enjoyment of the property.

Larceny is the subject of Penal Code 332 PC because an accused is alleged to have utilized a card game, or a game of confidence to acquire another’s money or property misrepresenting of a statement of material fact to have another bet or gamble on that card game to that person’s detriment for another’s personal gain.

What is the mental state required for a violation of Penal Code 332 PC?

Larceny is a specific intent crime. The accused must have the specific intent to defraud to permanently deprive another from their property as the result of the fraud. Moreso, the person must desire the natural and probable consequences that result from the act. The State must prove, beyond a reasonable doubt, that the accused utilized a game of confidence, or card game, to permanently deprive another from property they used to bet on the game, because of relying on a misrepresentation fact associated with the card game. It is essential to note, the State must prove that the accused had the specific intent to initiate the act of a game of confidence or card game to acquire another ‘s property and do so to permanently deprive that person of the property; and desire any natural and probable consequences that would result.

What is “Three Card Monte” as defined under Penal Code 332 PC?

Three Card Monte, otherwise known as “Find the Lady.” Most people have seen the game played in Downtown Los Angeles, New York City, London, Washington D.C., Chicago, and other major cities. A card dealer has three cards and shuffles the cards on a table or card box in front of a crowd soliciting people from the crowd to place bets.

The game’s purpose is simple: the card dealer mixes the three cards, face down on a table. Bets are placed on the table denoting a person’s chance of selecting a particular face card, and the notion of success is based on the selection.

Penal Code 332 – Sentencing

What are examples of violations under Penal Code 332 PC?

Jude was a local entertainer on Hollywood Blvd. He needed a new stream of income. He went to a novelty store and bought a deck of same face cards. All the cards were king of hearts. He mixed these cards with a normal deck. The difference, the same face deck and a had a different floral arrangement at the corners of each card. He bought a cardboard box and went to work. His game- Three Card Monte. He figured he could net $1000 dollars a day. How? He would take one solid bet to win and lose two for $10. He would take two bets for observers to guess any card he touches is not a king of hearts; and one bet to guess the card was a king of hearts. He would always bet the card was the king of hearts. The issue was that two of the three cards were always the king of hearts. In 5 hours, he made $5000 dollars. One of the original observers came back to place another bet and noticed the conditions of cards were different. And noticed that the cards might be marked and the game fraudulent. The observer demanded to see the faces of the three cards. When Jude refused the observer called the police. When the police arrived, they inspected the cards and confirmed the observer’s conclusions. Jude was arrested.
Martha operated a Tarot Card shop. She provided consultation by hypnosis for relationship therapy. The gimmick, she had paid handlers select people who stood outside her shop. The handlers wore hidden microphones and transmitted customer conversations to Martha inside her shop. There were also hidden cameras around the shop that also allowed her to handpick her customers. Outside, a couple was arguing about low sperm count. They were picked. Martha used her hypnosis methods and started consulting for better fertility and to enable her husband’s sperm out. When Martha asked for her donation, the couple laughed. The wife explained that they are very satisfied and have children. But was insistent to know how Martha knew they argued about low sperm counts because the argument regarded her husband’s brother. The couple became skeptical and called the police. When the police arrived, they insisted that Martha hand pick 5 customers and perform her services. They also brought a department technician to perform a bug sweep of her premises. The sweep detailed several hidden microphones around the shop. Martha, and her associates were arrested.

Penal Code 332 – Defending

No intent to permanently deprive – a.The environment and ambiance of the card game was congenial to allow a reasonable person to know the game’s intent was not to permanently deprive. b.Attempted to return the property.
The value of the property taken had no significant value – The value of the property was of such insignificance to classify the seriousness of deprivation.
Consent – The participant of the game provided either implied or expressed consent to deprive the participant of the property.