Chapter 10.5. Horse Racing of California Penal Code >> Title 9. >> Part 1. >> Chapter 10.5.
Any person, who knowingly and designedly by false
representation attempts to, or does persuade, procure or cause
another person to wager on a horse in a race to be run in this state
or elsewhere, and upon which money is wagered in this state, and who
asks or demands compensation as a reward for information or purported
information given in such case is a tout, and is guilty of touting.
Any person who is a tout, or who attempts or conspires to
commit touting, is guilty of a misdemeanor and is punishable by a
fine of not more than five hundred dollars ($500) or by imprisonment
in the county jail for not more than six months, or by both such fine
and imprisonment. For a second offense in this State, he shall be
Any person who in the commission of touting falsely uses the
name of any official of the California Horse Racing Board, its
inspectors or attachés, or of any official of any race track
association, or the names of any owner, trainer, jockey or other
person licensed by the California Horse Racing Board as the source of
any information or purported information is guilty of a felony and
is punishable by a fine of not more than five thousand dollars
($5,000) or by imprisonment pursuant to subdivision (h) of Section
1170, or by both that fine and imprisonment.
Any person who in the commission of touting obtains money in
excess of nine hundred fifty dollars ($950) may, in addition to
being prosecuted for the violation of any provision of this chapter,
be prosecuted for the violation of Section 487 of this code.
Any person who has been convicted of touting, and the record
of whose conviction on such charge is on file in the office of the
California Horse Racing Board or in the State Bureau of Criminal
Identification and Investigation or of the Federal Bureau of
Investigation, or any person who has been ejected from any racetrack
of this or any other state for touting or practices inimical to the
public interest shall be excluded from all racetracks in this State.
Any such person who refuses to leave such track when ordered to do so
by inspectors of the California Horse Racing Board, or by any peace
officer, or by an accredited attaché of a racetrack or association is
guilty of a misdemeanor.
Any credential or license issued by the California Horse
Racing Board to licensees, if used by the holder thereof for a
purpose other than identification and in the performance of
legitimate duties on a race track, shall be automatically revoked
whether so used on or off a race track.
Any person other than the lawful holder thereof who has in
his possession any credential or license issued by the California
Horse Racing Board to licensees and any person who has a forged or
simulated credential or license of said board in his possession, and
who uses such credential or license for the purpose of
misrepresentation, fraud or touting is guilty of a felony and shall
be punished by a fine of five thousand dollars ($5,000) or by
imprisonment pursuant to subdivision (h) of Section 1170, or by both
that fine and imprisonment. If he or she has previously been
convicted of any offense under this chapter, he or she shall be
imprisoned pursuant to subdivision (h) of Section 1170.
Any person who uses any credential, other than a credential
or license issued by the California Horse Racing Board, for the
purpose of touting is guilty of touting, and if the credential has
been forged shall be imprisoned as provided in this chapter, whether
the offense was committed on or off a race track.
The secretary and chief investigator of the California Horse
Racing Board shall coordinate a policy for the enforcement of this
chapter with all other enforcement bureaus in the State in order to
insure prosecution of all persons who commit any offense against the
horse racing laws of this State. For such purposes the secretary and
chief investigator are peace officers and have all the powers