|
||
|
||
|
Server Time: 9/4/2008 10:26:28 PM PACIFIC |
 Home poker legality question, Brent, 25. Aug 2003 08:32 | ||
| View ( Message | Thread ) | Return to Thread List | |
| I have a question that I can't seem to find an answer to. Is it illegal to hold a home poker game if there is no rake? What about a tournament? | ||
| Return to Thread List | ||
| Re: Home poker legality question, grant pittman, 25. Aug 2003 08:50 | ||
| View ( Message | Thread ) | Return to Thread List | |
| In Canada it is certainly ok as long as you aren't raking/collecting. I'm sure this holds true in the U.S also. GRANT PITTMAN | ||
| Return to Thread List | ||
| Re: Home poker legality question, Paul Stine, 25. Aug 2003 11:30 | ||
| View ( Message | Thread ) | Return to Thread List | |
| on 25. Aug 2003 08:50 grant pittman wrote: > In Canada it is certainly ok as long as you aren't raking/collecting. I'm sure this > holds true in the U.S also. GRANT PITTMAN It depends on local statutes, usually at the state level. You can use google or some other search engine to find your states statutes on-line. For example, from Chapter 47, Gambling, Vernon's Texas Civil Statutes: § 47.02. Gambling (a) A person commits an offense if he: (1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest; (2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or (3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device. (b) It is a defense to prosecution under this section that: (1) the actor engaged in gambling in a private place; (2) no person received any economic benefit other than personal winnings; and (3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants. (c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct: (1) was permitted under the Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes); (2) was permitted under the Charitable Raffle Enabling Act (Article 179f, Revised Statutes); (3) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code); (4) was permitted under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); or (5) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (d) An offense under this section is a Class C misdemeanor. (e) It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of "gambling device" under Section 47.01(4)(B). Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, § 43, eff. Nov. 10, 1981; Acts 1989, 71st Leg., ch. 957, § 2, eff. Jan. 1, 1990; Acts 1991, 72nd Leg., 1st C.S., ch. 6, § 3; Acts 1993, 73rd Leg., ch. 107, § 4.04, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 774, § 2, eff. Aug. 30, 1993. Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, § 14.53, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, § 20, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931, § 79, eff. June 16, 1995; Acts 1997, 75th Leg., ch. 1256, § 124, eff. Sept. 1, 1997. So, three stipulations must be satisfied in a valid defense: private place, no person economically benefitted other than personal winnings, AND everybody has the same chance of winning, excepting the advantage of skill or luck. Your mileage may vary. Paul Stine College Station, TX | ||
| Return to Thread List | ||
| Re: Home poker legality question, stdioh, 28. Aug 2003 11:06 | ||
| View ( Message | Thread ) | Return to Thread List | |
| As Grant said, it is certainly legal in Canada. To violate section 197 of the Canadian Criminal Code you need to be operating a disorderly house which means one of - a common gaming house - a common betting house - a common baudy house The first is if you are taking a rake from a poker game or spreading house games. The second is if you are taking action with vigorish, such as running a sports book or off track betting. The third is if you are running hookers. As long as you're doing none of these you can spread any fair game or tourney. Each state is going to have its own rules, but they are going to be similar to these in all likelyhood. Texas, California, etc all allow non raked games. I would imagine you can't do it in Utah and in any states where it illegal, but Utah you can probably still do it without anybody actually caring. | ||
| Return to Thread List | ||
| POKER FORUM HOME | POKER FORUM | LINK TO US | ARCHIVE | ONLINE POKER | Copyright 2002, United Poker Forum |
|
Getting Started |
UPF Tournaments |
Poker News, Views, Rules |
Poker Strategy & Psychology |
Money and Bankroll Poker Bonuses & Promotions | World Series of Poker (WSOP) | Play Online Poker | Poker Odds & Statistics | Tournament Poker | Poker Books, Videos & Learning Tools Looking for a Poker Game | Poker Bad Beats | Not Quite Poker | Quizzes and Polls | Forum Suggestions & Bugs |
|
|
|
|
Interesting Links: Online Poker | Free Poker Games | United Poker Network |
|