Ok, for starters 'social gambling' is the only type of gambling that is legal in Hawaii..... but what the hell does that mean. I've read a few other threads about similar issues in other states, but I still don't get it. The sad part is that the law doesnt have any legal mumbo-jumbo, it just leaves alot to the imagination:
§712-1231 Social gambling; definition and specific conditions, affirmative defense. (a) Definition.
"Social gambling" means gambling in which all of the following conditions are present:
(1) Players compete on equal terms with each other; and
(2) No player receives, or becomes entitled to receive, anything of value or any profit, directly or indirectly, other than the player's personal gambling winnings; and
(3) No other person, corporation, unincorporated association, or entity receives or becomes entitled to receive, anything of value or any profit, directly or indirectly, from any source, including but not limited to permitting the use of premises, supplying refreshments, food, drinks, service, lodging or entertainment; and
(4) It is not conducted or played in or at a hotel, motel, bar, nightclub, cocktail lounge, restaurant, massage parlor, billiard parlor, or any business establishment of any kind, public parks, public buildings, public beaches, school grounds, churches or any other public area; and
(5) None of the players is below the age of majority; and
(6) The gambling activity is not bookmaking.
(b) Affirmative defense:
(1) In any prosecution for an offense described in [section] 712-1223, 712-1224, 712-1225 or 712-1226, a defendant may assert the affirmative defense that the gambling activity in question was a social gambling game as defined in [section] 712-1231(a).
(2) If the defendant asserts the affirmative defense, the defendant shall have the burden of going forward with evidence to prove the facts constituting such defense unless such facts are supplied by the testimony of the prosecuting witness or circumstance in such testimony, and of proving such facts by a preponderance of evidence.
(c) In any prosecution for an offense described in this part the fact that the gambling activity involved was other than a social gambling game shall not be an element of the offense to be proved by the prosecution in making out its prima facie case. [L 1973, c 201, pt of §1; gen ch 1993]
okay, maybe there is some legal jargon in there but....... 'players must be on equal terms with each other' ? Im reading this as a tournament with no rebuys or add-ons is legal, but any game where one player has more paid more money into the pool would be illegal. i.e. tournament w/rebuys or addons (unless all players did the addon and thus would be equal)
And the affirmative defense sounds like you are guilty of illegal gambling until proven innocent.... and it doesnt seem easy to prove that it was a social game.
I am probably being paranoid.... but this stems from a dumb move I made:
I live in military housing and my house is in a cul de sac with about 10 houses around it.... I work very odd hours (im about to get off a 12 hr shift in a few minutes @5am) and I always have most of my neigbors over for my biweekly game... They all work days so I never see them. Here's the problem: I posted a sign up on my mailbox stating I was having a poker game this weekend. I recieved a call from the housing management office the next day stating that I need to pull it down or they were going to notify the police because I was promoting gambling. see 712-1221-2 Hawaii Gambling Laws
Was this breaking the law? The only way I profit is if I win......and social gambling is legal, right?
look, I apologize for this longwinded crap.... disregard if it makes no sense