Bribing a Player or Participant to Throw a Sporting Event

Penal Code 337(b) PC

Penal Code 337(b)- Overview

It is unlawful person construct, facilitate, design, orchestrate any act of participation in any acts of illegal betting or gambling, illegal betting pool programs, illegal bookmaking programs at any time or place for the purpose of encouraging a player or participant of a sport to alter the natural conclusion of the event to the detriment of the sport, its agents, sponsors, and those in lawful receipt of its gain for the personal gain of the person encouraged to manipulate the sport.

What acts of participation to qualify for a violation under PC 337(b)?

The acts of participations that qualify for a violation of Penal Code 337(b) PC are: (1) Acting as an escrow, intermediary, straw man, or point of leverage for the purpose to affect any probability of chance that can affect any stake; any pledge; any bet; or (2) Affect the result of any stake; any pledge; any bet; or any participant in the sport to affect its natural conclusion. All the above acts are qualified as enumerated acts, meaning that they are independent and unique of each other and require no nexus to qualify as a violation under Penal Code 337(b) PC.

What are the terms bookmaking, or betting as defined under PC 337(b)?

Booking making is the taking of a bet, no matter if it is orally or recording the act, there is no need to have personal affiliation with the circumstances of the bet. A bet is an agreement or wager between two or more people pertaining to a future event where the person who failed to indicate, guess a perspective of a future event is required to pay a consideration or thing of value, where the conclusion of the event is the subject of the bet.

Are there any exceptions to a violation of Penal Code 337(b) PC?

Yes. If the participant of any of the enumerating acts does not receive cash, a wage, or thing of material value; but as like other participants receives a novelty or commemorative item that designates their participation that is proportionally shared to others who participated.

Penal Code 337(b)- Sentencing

Any violation of Penal Code 337(b) PC is chargeable as a misdemeanor or felony. If charged as misdemeanor penalties include confinement not exceeding 1 year in jail. If charged as felony penalties include confinement terms of 16 months, 2, 3 years in prison. As a first offense, fines will not exceed $5,000 dollars. If, upon a second offense, the State pleads in the complaint or information the prior, to qualify as either a misdemeanor or felony. The chargeable misdemeanor has the penalties of confinement not exceeding 1 year in jail. The chargeable felony has penalties of confinement terms of 16 months, 2, 3 years in prison. But the fines for the second offense will range between $1,000 to $10,000 dollars.

What is an example of a violation of Penal Code 337(b) PC?

Harold wanted to arrange a bet for the Hyperbowl. One of the teams, “The Birds” , was Harold’s childhood favorite. Harold knows the team’s players and can predict what plays they call per scenario on the field. The bet was simple, but he needed help to make it a sure bet. He lives in the same neighborhood where one of the referees selected for the Hyperbowl resides. They all attend the same Church. Harold, during one particular congregation, sat next to the referee and his wife. Harold told the referee, “To help make his dream come true, do not call any offside penalties during the 4th quarter against the Birds”. After stating this, Harold gave the referee a “pearl-covered bible. The referee took the bible. A day later, the police arrived at Harold’s house and arrested him.

Penal Code 337(b)- Defending

Unforeseeable circumstances – The betting pool, wager, or booking making was compromised by unforeseeable circumstances that diverted the bet’s purpose from the enumerated acts.
Reasonable withdrawal – The results of the bets were not consummated, and the all-necessary steps were taken to refund most of the participants any vestments made prior to. As well as, if needed, the police being notified.
The proceeds of the payout were novelties not of value.