Opinion No. (1997)

DANIEL E. LUNGREN Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE JAMES P. FOX, DISTRICT ATTORNEY, SAN MATEO COUNTY, has requested an opinion on the following question: May a person place a bet by telephone in California to a location where such bet would be legal? CONCLUSION A person may not place a bet by telephone in California to a location where such bet would be legal. ANALYSIS This request for our opinion involves a scheme described as "English Sports Betting." California residents are solicited to open a betting account with an organization based in Jamaica where betting is legal. Bets may be placed on all types of contests, such as horse racing, sports events, and election results, through use of an "800" telephone number. We are asked whether using a telephone in California to place a bet with a bookmaker in another jurisdiction where gambling is legal would contravene state law. 1 We conclude that placing the bet by telephone in California would be illegal. Lotteries and other forms of gambling are generally prohibited under the terms of Penal Code sections 319 - 337.9 . 2 Relevant to the issue presented herein is section 337a , which provides:…