Social Gambling Defined & Permitted

Section 64.10 does not apply to making or accepting a wager upon the result of a game or contest when: (a) the game or contest takes place on private premises; (b) all the wagerers are present at that premise; (c) no charge is made directly or indirectly as a condition of entering the premises or wagering upon the result of the game or contest; and (d) nothing is sold, offered for sale or rented on the premises. SOURCE: *Cal. § 1555 (b) (2), (d) (1971). CROSS-REFERENCES: Hawaii Penal Code § 712-1231 - ASocial Gambling.@ COMMENT: § 64.30 is new. The purpose of this exception is to exclude from criminal liability games played for money in a private house where all profits and losses are shared by the players. This type of game is a common social occurrence on Guam and has been conducted both clandestinely and openly, at places such as wakes even though it is illegal under the Penal Code. Inclusion of such conduct within the criminal law tends to encourage disrespect for enforcement and the law itself. It might be noted that such games as craps and roulette are banking on percentage games and are not excluded by § 64.30(a). The exceptions contained within Article II of this Chapter are not denominated as either Aaffirmative@ or regular defenses. Therefore, it will be assumed that a defendant would treat a claim of exception as a regular defense to a prosecution for gambling. This is contrary to the Hawaii Penal Code on the subject.