California Penal Code section 346 – Unauthorized Sale (“Scalping”) of Tickets to Entertainment Event

There are many websites and other third-party companies that make it easy to sell tickets to various sporting events and concerts secondhand. Taylor Swift, BTS, and other concert tickets sell for hundreds or thousands of dollars more than their face value, as do tickets for high demand sporting events. The question then becomes, when is it okay to sell these types of tickets and when is it not.

California Penal Code section 346 provides that “Any person who, without the written permission of the owner or operator of the property on which an entertainment event is to be held or is being held, sells a ticket of admission to the entertainment event, which was obtained for the purpose of resale, at any price which is in excess of the price that is printed or endorsed upon the ticket, while on the grounds of or in the stadium, arena, theater, or other place where an event for which admission tickets are sold is to be held or is being held, is guilty of a misdemeanor.”

What Are the Elements that Constitute California Penal Code Section 346, Unauthorized Sale (“Scalping”) of Tickets to Entertainment Event

To be found guilty of Penal Code section 346, unauthorized sale (“Scalping”) of tickets to entertainment event, the prosecution must prove, beyond a reasonable doubt, the following:

1. The defendant did not have written permission of the owner or operator of the property on which the event was taking place.
2. The ticket was obtained for the purpose of resale at any price which is more than the original sales price.
3. Sells the ticket on the grounds of or in the venue of the place where the event is being held.

What Are the Penalties for Being Found Guilty of California Penal Code Section 346, Unauthorized Sale (“Scalping”) of Tickets to Entertainment Event

California Penal Code section 346 is a criminal offense, which categorized as a misdemeanor. Misdemeanors are more serious than infractions, but less serious than felonies. A misdemeanor conviction can be punishable by a fine and fees and jail time. Any criminal conviction is a serious matter. A conviction for such an offense could have wide ranging negative consequences, including hefty fines and fees, custody time, and collateral consequences.

What Are Some Possible Defenses to California Penal Code Section 346, Unauthorized Sale (“Scalping”) of Tickets to Entertainment Event

Possible defenses to California Penal Code section 346 include, but are not limited to, having permission to sell the tickets for more than face value, not being on the grounds of the arena, stadium, or venue when the tickets are being sold, or selling the tickets for face value or less than face value.

If you, a family member, or their business has been charged with or is being investigated for Penal Code section 346, unauthorized sale (“scalping”) of tickets to entertainment event in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of any type of crime, including all felony and misdemeanor offenses.

For more information about California Penal Code section 346 or other crimes, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.

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