Betting on sports is still illegal in California.
Recently, the Supreme Court issued a ruling that will have a major impact on the sports world — and on individual state’s ability to regulate and tax gambling. The Supreme Court ruled in favor of New Jersey in striking down a federal law known as the Professional and Amateur Sports Protection Act (PASPA). This law had largely outlawed sports betting outside of the state of Nevada.
The Court found that PASPA violated New Jersey’s 10th Amendment rights. Its ruling gives New Jersey — and other states — the opportunity to offer sports betting. According to the opinion, written by Justice Samuel Alito, “Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own.”
Does this mean that betting on sports is now legal in California? According to an Orange County criminal defense attorney, the answer is no. Betting on sports is still illegal under California law. There is an ongoing dispute between the state of California and Native American tribes over sports betting — one that may soon turn into a lawsuit. Although bills to legalize sports betting have been introduced in the California legislature since 2015, they have not made progress. As an Orange County criminal defense attorney can explain, this makes it unlikely that sports betting will become legal in the state in the near future.
In fact, bookmaking, pool-selling and wagering are criminal offenses under California law. They are wobblers, which can be charged as either felonies or misdemeanors, depending on the facts of the case. Bookmaking involves taking bets, typically on sporting events. Pool-selling is the act of selling or distributing shares or chances in a pool. It is also against the law to make, offer or accept bets under California law. Other types of participation in betting or bookmaking is also considered criminal, such as renting out space to be used for bookmaking.
Penalties for bookmaking, pool-selling or wagering depend on how the offense is charged. If it is a misdemeanor, it is punishable by up to one year in county jail, and/or a fine of up to $5,000. Felony offenses are punishable by between 16 months and 3 years in California state prison and/or a fine of up to $5,000. Additional offenses will result in even harsher penalties.
Although the Supreme Court has paved the way for states to legalize sports betting, it is not yet legal. Anyone caught bookmaking, pool-selling or wagering in California may be subject to criminal penalties.
If you have been charged with a crime, the Chambers Law Firm can help. We offer aggressive legal representation to protect our clients’ rights. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced Orange County criminal defense attorney.
