|
|
|
|
 Poker Bonuses               
|
Home Poker Law Home poker games are not specifically mentioned in the laws that were created to regulate home gambling. But in the past couple of years there has been a wide acceptance of poker by society as a game of skill (although it still has a long way to go). Therefore, it stands to reason that anyone caught organizing or playing in a home poker game will probably not be punished to the full extent of the law. Most home gambling laws were created for 2 reasons: to protect citizens from developing dangerous gambling habits as a results of easy access to gambling establishments and to keep citizens from profiting by running a gambling establishment. Home poker games, for the most part, are not guilty of either of these things. As long as they are unraked and low-stakes they are harmless and although they are breaking the letter of the law, they are abiding by the spirit of the law.
Article 2 (Gambling Offenses) in Chapter 66 (Offenses Against Public Health and Decency) states that it is an offense to engage in unlawful gambling, But that it is an "affirmative defense" to prosecution for the person to claim having been part of a "social game". A "social game" is defined as gambling in a home where there is no house player (barring Home Craps and other home casino games), no house money, or no house odds. There must also be no profit from the operation of the game (in poker this is the rake). A home poker game that is not being raked is legal in Alaska and it is legal to possess gambling devices - if it is for a "social game". ARIZONA Chapter 33, section 13-3301, define "gambling" as risking something of value in a contest of chance or skill. It is unlawful in Arizona unless it falls under the category of "social gambling". "Social gambling" is any gambling that is not a gambling business, and a game where the players are competing on equal terms and are not competing against the house. Home poker games qualify. 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. One reason I think California may be so strict on home gambling is that because they have an abundance of legal gambling facilities (tons of poker rooms) so the strict laws on illegal gambling are based on the assumption that there won't be much "underground demand" for gambling since the state of California supplies a healthy dose of legal facilities to gamble in. This is just my opinion. CANADA Part VII of the Canadian Criminal Code has the laws about gaming, betting, and gambling. Section 197 (sub-sections 1-4) defines the terms used in the Law.
"Common gaming house": This is where people are enabled to conduct gaming against a second party. Take Home Craps, for example, where individual players play against the host, or House. When somebody's home is used to for somebody to arrange a game where he or she collects and pays bets, it falls under this definition. Some home gamblers refer to a 'rake', where the host collects a small percentage of all pots to help pay for hosting expenses. Use of 'rakes' also falls under this category. "Disorderly house": A general term used to describe either a common betting house, a common gaming house. "Game": The game itself, complete with rules and conditions. "Keeper": The keeper of the house is the person whose name is on the lease, or is helping the person whose name is on the lease, or is acting on behalf of the person whose name is on the lease. "Onus": If somebody is accused of being the keeper of a disorderly house, it's their job to convince a court otherwise. Even if the game is only started at one house and finished at another (ie. long game of Trips to Win), that first house is still a disorderly house.
#2: The police officer did not find a game-in-progress, but did find enough gaming equipment (ie. poker chips, Craps tabletop, home roulette wheel, etc.) to make it clear enough. #3: The police officer did not find a game-in-progress, but did find gaming equipment on the persons of people in the house (i.e. poker chips in everybody's pockets). #4: The police officer did not charge you while you were found in the disorderly house, but after the keeper was convicted and it was proven that you were there, you can be charged.
Property: The court reserves the right to keep and/or dispose of any evidence (ie. gaming equipment) that it finds in the disorderly house. FLORIDA Section 849 of Florida's Criminal Law states that if you own, operate, manage a house or room used for the purpose of gaming or gambling, you are guilty of a charge in the third degree...unless you are involved in a 'penny-ante game'. According to sub-section 085, a penny-ante game is any game that: Does not contain a pot of more than $10. Does not charge an admission or 'rake' by the host from its players. Is conducted in somebody's home. Is not advertised in advance. Does not contain any player under the age of 18. Debts incurred in such a penny-ante game are not legally enforceable, nor can any participant or host of a penny-ante game be charged in court. GEORGIA Section 16-12-20 states that it is a misdemeanor if a a person gambles when they play for money in a game of dice, cards, or balls. A "gambling place" is any real estate used for the purpose of gambling. Anyone who keeps a "gambling place" commits a misdemeanor of a high and aggravated nature. MICHIGAN The Michigan Gaming Control and Revenue Act defines "gambling game" as any dice or card game played for money or some other form of value, "but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player." All laws, crimes, and punishments concerning gambling do not apply to home gambling, so long as no minors are present and so long as the House does not collect a rake. An interesting aspect of the law is that "cheating" applies only to true "gambling". Therefore, since home poker games are not classified as "gambling" then it is not illegal to cheat in a home poker game and therefore someone who cheated could not be punished by the law. I assume there are other laws to cover this situation because, after all, stealing is stealing. Home poker games are legal here as long as the gamblers are of legal age and there is no rake. OHIO The Ohio Revised Code 2915 defines a "game of chance" as any game offers up something of value for anything determine at largely by chance (cards/dice). Sub-section .03 defines a "gambling house" as a place where "games of chance" are played and that the owner or lessee of such a house is guilty of a first-degree misdemeanor. The law doesn't doesn't make any mention of the people playing in the gambling house. OKLAHOMA Section 941 states that anyone administering any game of cards or dice for money or anything of value, is guilty of a felony where the penalty is between $500-$2000, and 1-10 years in a state penitentiary. Anyone betting or playing at these prohibited games are guilty of a misdemeanor and have to pay a fine of $25-$100 and 1-30 days in a county jail. PENNSYLVANIA Section 5513 states that it is a first-degree misdemeanor if that person invites or allows other people to gather in a place of their control for the purpose of unlawful gambling. To "control" a place is to be the owner, lessee, occupant, or tenant. The law doesn't mention those actually doing the illegal gambling, only those hosting it. TENNESSEE Section 39-17-501 defines "gambling" as risking anything of value for profit, based on a degree of chance. Lawful business transactions, that differentiate game-gambling from business-gambling, are excluded from this definition. A person guilty of gambling has committed a Class C misdemeanor. A person guilty of organizing, promoting, moderating gambling is guilty of a Class B misdemeanor. TEXAS Section 47.01 prepares the reader with definitions:
"Private Place": any real estate where gambling is occuring that is not open to the public VIRGINIA Home games with no rake are legal in Virginia. § 18.2-334. Exception to article; private residences:
(Code 1950, § 18.1-327; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 423.) 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. RCW 9.46.220, Professional Gambling First Degree
(b) Acting other than in a manner authorized by this chapter [RCW 9.46], the person pays a fee to participate in a card game, contest of chance, lottery, or other gambling activity; or (c) Acting other than as a player or in the manner authorized by this chapter [RCW9.46], the person knowingly accepts or receives money or other property pursuant to an agreement or understanding with any other person whereby he or she participate in the proceeds of gambling activity; or (d) The person engages in bookmaking; or (e) The person conducts a lottery; or (f) The person violates RCW 9.46.039. (2) Conduct under subsection (1)(a) of this section, except as exempted under this chapter [RCW 9.46], includes but not limited to conduct directed toward the creation or establishment of the particular game, contest scheme, device or activity involved, toward establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefore, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phases of its operation. If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be used with the person’s knowledge for the purpose of conduction gambling activity other than gambling activities authorized by this chapter [RCW 9.46], and acting other than as a player, and the person permits such to occur or continue or makes no effort to prevent its occurrence or continuation, the person shall be considered as being engaged in professional gambling: PROVIDED, That the proprietor of a bowling establishment who awards prizes obtained from player contributions to players successfully knocking down pins upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the “prize fund” shall not be construed to be engaging in “professional gambling” within the meaning of this chapter: PROVIDED FURTHER, that the books and records of the games shall be open to public inspection.
|