Home Poker and US and Canadian Law

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" involves any gambling that is not being run as a business, and which involves players competing on equal terms in a gamble with each other (ie. a game of home poker). You are involved in "social gambling" so long as: i) the benefit of gambling is only the amount of money won and nothing else, ii) all players are of age of majority, and iii) all players enjoy equal benefit and risk against each other.

California

The Chapter 5 is the Gambling Control Act. This piece of legislature opens up with some moral counselling on the wrongs of gambling, and how it will not be condoned or legitimized by the state. 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 goes on to say that permissible gambling is that gambling deemed by the state to not be endangering of public health, safety, or welfare. This introduces the notion that all gambling must be pre-approved by the state through government licensing, but it would seem unlikely this applies to home gambling. The great emphasis of most of this chapter is in the establishment of the Gambling Board, and how the only 'rightful' gambling is that gambling as approved by the government's board and its licensing.

It is difficult to isolate home gambling out of this Act but most people consider home gambling is legal.

Connecticut

Has a for profit clause for illegal gambing therefore home poker would be exempt.

Canadian

Part VII of the Canadian Criminal Code outlines the laws where they govern gaming, betting, and gambling.

Section 197 (sub-sections 1-4)

outlines terminology used by the word of the Law to describe home gambling.

"Common betting house": This is where individuals get together and play games between each other. There is no 'House' collecting and paying bets, but rather a group of people playing against each other in some game of skill and chance (for our interest, Home Poker). The host does not collect and pay bets, nor does the host collect a 'rake', as described below.

"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, or completely off the topic, a house used for prostitution. After all, gambling and prostitution go hand-in-hand.

"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.

Section 198 (only one sub-section)

outlines what presumptions can be made by the Law when police officers show up at your door under the suspicion that yours is a disorderly house. They are allowed to assume that yours is such a house if one of the following things happen:

#1: The police officer was prevented or delayed from entering your 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.

Section 199 (sub-sections 1-7)

outlines the procedure in dealing with a disorderly house .
Search: The keeper of the disorderly house and anybody in it may be apprehended with or without a warrant, if the officer can prove that it is a disorderly house.

Property: The court reserves the right to keep and/or dispose of any evidence (ie. gaming equipment) that it finds in the disorderly house.

Section 201 (only one sub-section)

outlines what the keeper gets for his troubles. The keeper of the disorderly house and everybody found in it can be punished with a maximum sentence of two years. The word of the law does not specify that it would be any more or less severe, comparative to the stakes of the game being played.

Florida

Section 849 of Florida's Criminal Law outlines the laws where they govern home gambling.
Florida law makes it real simple: if you own or operate or 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 defined as 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 a person commits the offense of gambling when they play for money in a game of dice, cards, or balls. That person is guilty of a misdemeanor.

A "gambling place" is any real estate used for the purpose of gambling. The keeper of a "gambling place" is further guilty of a misdemeanor of a high and aggravated nature (as an aside, low stakes home gambling is not mentioned, but it would stand to reason that the nature would not be as high and aggravated as that for a misdemeanor for running a private room or home casino).

Louisiana

Gambling is defined as a "business" therefore non-commericial gambling would be legal. In a seperate section any "public" gambling is declared illegal therefore private, non-commercial gambling is assumed legal.

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. This is double-edged as "cheating" applies only to true "gambling", and could not be punishable by law in a home game.

Nebraska

28-1112 Defendant, status as a player; affirmative defense, when.
In any prosecution for an offense defined in this article, when the defendant's status as a player constitutes an excusing condition, the fact that the defendant was a player shall constitute an affirmative defense.

The state is more concern with the promotion of gambling verses the participants. In a home poker situations all participants would be players and therefore legal.

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 occuring. The owner or lessee of such a house is guilty of a misdemeanor of the first degree. No mention of misdemeanor where it relates to actually playing in the gambling house.

Oklahoma

Section 941 immediately spells out that the punishment for administering any game of cards or dice for money or anything of value, is guilty of a felony worth between $500-$2000, and 1-10 years in a state penitentiary.

Those caught betting or playing at these prohibited games are guilty of a misdemeanor and shall pay a fine of $25-$100 and 1-30 days in a county jail.

Pennsylvania

Interesting is that the statues mostly cover lottery and commercial gambling devices but "playing cards" are exempt as a gambling device. They don't really mention card games in general.

The only part of the law that's worrisome is; A person is guilty of a misdemeanor of the first degree if that person invites or allows other people to gather in a place of his or her control for the purpose of unlawful gambling. "Unlawful" gambling is that not defined as lawful.
No mention of those participating in the illegal gambling, only those hosting it.

Tennessee

Section 39-17-501 defines "gambling" as the risk of anything of value for means of profit, based on a degree of chance. Since home poker is not profit dri

Texas