A friend of mine is being charged with illegal gambling under California Penal Statute 330 and 331. Him and his roommate (who was also arrested) own the house in which the game of blackjack was played. He plays with them often but on the night of the arrest (in which an undercover police officer busted them) he was in his own room not participating in the game. It seems like the officers know that he has played in previous games. Can he be charged under statute 330 (below)? This is in Los Angeles.
330 - Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.