Billy Joe Goes to Mardi Gras in Galveston

Billy Joe goes to Mardi Gras in Galveston.Along the sidewalk he observes Frenchy who is performing card tricks.Frenchy places three playing cards face down on a table.One of the cards is the queen of spades.Frenchy shows the crowd the queen and then shuffles the cards several times across the tabletop.Frenchy is taking bets on whether anyone can pick the queen out of the three cards.Billy Joe lays $10 on the table and declares he can find the queen.Frenchy again shuffles the cards while Billy Joe watches intensely.When Frenchy finally lays the cards on the table,Billy Joe picks the card in the middle.Frenchy turns the card over to reveal the six of hearts.Frenchy takes Billy Joe's $10.An undercover police officer observes the incident and notices that Frenchy is "palming" the queen so that it appears to end up in the middle of the three cards on the table.In fact,another card,the six of hearts,is cleverly substituted so that the queen is not on the table at all! What is the most serious offense,if any,Frenchy has committed?

A) Theft - felony
B) Theft - misdemeanor
C) Fraud
D) None of the above since Billy Joe was gambling illegally.