POKER LAWS - State by State

[dennis63]

At the suggestion of Ten Percenter, let's start a thread on state poker laws. Members outside the U.S. -- Please join in, too.

REPLIES:
Your reply should answer the question:
Is a social home poker game or tournament, played for money or prizes, permitted in your state?

We'll assume if you want to run a poker room or casino or take a rake, you'll need a license or permit. For this thread, "home game" means poker played for money among family and friends in a private home, including a tournament, with no rake or house odds.

FORMAT AND TERMS:

List your state in bold.
Use PERMITTED or ILLEGAL, to avoid any confusion
Comments: Add any comments you have about conditions required, etc.
Laws: Cite the state law section that prohibits or permits whenever possible. This will allow members to confirm the law for themselves.

DISCLAIMER:
For information only. This is not legal advice. By accessing this thread, you agree to confirm the legality of your home game!

Examples follow:

[dennis63]

ALASKA - Permitted.

Alaska permits "social games" among family and friends in a private home where no rake or house odds exist.

Law: Alaska Criminal Code Section 11-66.200

[dennis63]

DELAWARE -- Illegal

Delaware prohibits gambling of any kind, except that licensed by the state. The offense is a Class A (most serious) misdemeanor.

Law: Delaware Title 11, Sections 1403 through 1411.

[Nickawompus]

Illinois - ILLEGAL

Illinois prohibits gambling of any kind, except on Riverboats or by liscensed Charitable Organizations. Only relevant sections concerning Poker are included below. I have never heard of any Home Poker Game related arrests to date.

(720 ILCS 5/Art. 28 heading)
ARTICLE 28. GAMBLING AND RELATED OFFENSES

(720 ILCS 5/28‑1) (from Ch. 38, par. 28‑1)
Sec. 28‑1. Gambling.
(a) A person commits gambling when he:

(1) Plays a game of chance or skill for money or other thing of value, unless excepted in subsection (b) of this Section;
(2) Makes a wager upon the result of any game, contest, or any political nomination, appointment or election;

(b) Participants in any of the following activities shall not be convicted of gambling therefor:

(9) Charitable games when conducted in accordance with the Charitable Games Act;

(c) Sentence.
Gambling under subsection (a)(1) or (a)(2) of this Section is a Class A misdemeanor.

[David P]

SC - Illegal

Poker Players Fight the Law in South Carolina - Poker Law News - CardPlayer.com

[jojobinks]

Washington state: legal if not "professional"


WASHINGTON

ATTENTION WASHINGTON STATE HOME POKER GAME HOSTS AND PLAYERS - Home poker games are permitted in Washington State as long as professional gambling does not occur. The Washington State criminal code defines professional gambling as occurring when a person pays or accepts a fee to participate in a card game (RCW 9.46.0269). No fees may be charged for arranging, facilitating, organizing, or for operating a card game. Persons who are found to be engaging in Professional Gambling are subject to criminal prosecution pursuant to the Revised Code of Washington criminal statutes. The following criminal statutes may help you determine if your are operating legally.


laws cited here: link

[whippoker]

RE: California

It has been my understanding the home games were legal in California. The penal code section listed refers to all sorts of games, but I believe they are all house banked games. There is no mention of poker.

I thought (uh oh) that as long as there was no rake or entry fee or any monies being charged to play, that home games were legal. Anyone else have additional info?

[OnTheButton]

Originally Posted by whippoker

RE: California

It has been my understanding the home games were legal in California. The penal code section listed refers to all sorts of games, but I believe they are all house banked games. There is no mention of poker.

I thought (uh oh) that as long as there was no rake or entry fee or any monies being charged to play, that home games were legal. Anyone else have additional info?

From my research a few years ago, poker (for money) is legal in CA, so long as the house does not profit and it is held in a private residence.

If that has changed, I'll be very surprised and disappointed!

[jojobinks]

Originally Posted by whippoker

RE: California

It has been my understanding the home games were legal in California. The penal code section listed refers to all sorts of games, but I believe they are all house banked games. There is no mention of poker.

I thought (uh oh) that as long as there was no rake or entry fee or any monies being charged to play, that home games were legal. Anyone else have additional info?

not so quick?
this from the same site i linked a couple posts up:

CALIFORNIA

Chapter 5 is the Gambling Control Act. Section 19801 (a) states: "Gambling can become addictive and is not an activity to be promoted or legitimized as entertainment for children and families." The Act says that permissible gambling is that gambling deemed by the state to not be endangering of public health, safety, or welfare. All gambling must be pre-approved by the state through government licensing. This includes home poker games.

[OnTheButton]

Here is what I remember finding about California Gambling Laws:

Section 19801(j) of Chapter 5 says that:

"(j) In order to effectuate state policy as declared herein, it is necessary that gambling establishments, activities, and equipment be licensed, that persons participating in those activities be licensed or registered, that certain transactions, events, and processes involving gambling establishments and owners of gambling establishments be subject to prior approval or permission, that unsuitable persons not be permitted to associate with gambling activities or gambling establishments, and that gambling activities take place only in suitable locations. Any license or permit issued, or other approval granted pursuant to this chapter, is declared to be a revocable privilege, and no holder acquires any vested right therein or thereunder."

Section 19805(j) of Chapter 5 gives the definition of "gambling":

"(j) "Gambling" means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game."

Section 19805(e) defines a "controlled game":

"(e) "Controlled game" means any controlled game, as defined by subdivision (e) of Section 337j of the Penal Code."

Section 337j of the Penal Code says:

1. As used in this section, "controlled game" means any game of chance, including any gambling device, played for currency, check, credit, or any other thing of value that is not prohibited and made unlawful by statute or local ordinance.
2. As used in this section, "controlled game" does not include any of the following:
   (A) The game of bingo conducted pursuant to Section 326.5.
   (B) Parimutuel racing on horse races regulated by the California Horse Racing Board.
   (C) Any lottery game conducted by the California State Lottery.
   (D) Games played with cards in private homes or residences, in which no person makes money for operating the game, except as a player."