Is It Illegal To Play Online Poker In The US?
The question of whether online poker is not allowed in the US keeps popping in people’s minds within and outside the US. The confusion is glaring. To start with, a distinction should be made between offshore poker and inland poker playing rules. There are both clear and intrinsic laws attached to poker sites. Poker is, generally, illegal in the US but…
State versus Individual
It becomes complicated when people play poker as individuals. One might as well conclude that poker is legal at the individual level. It is also apparent that most of the states in the US have no specific laws that address gambling, and even where there are laws, they seem to be ignored. However, some states have expressly legislated on gambling. The New York state laws have declared online poker a felony punishable by law. Indeed, the laws have zeroed in on individuals to the extent that one can be prosecuted for installing poker software on their computer.
Turning the Blind Eye
While some states have come up laws against gambling and poker, records show that no one so far has ever been prosecuted for playing poker online. There have not been any online poker arrests of individuals, even in states such as Louisiana and Utah which have laws targeting individual poker gaming. This does not mean that online poker is extinct in such states. Indeed, the states may well be home to some of the most ardent online poker enthusiasts. The number of people who play poker online in such states may even be higher than that in states that don’t. The law has simply decided to ignore the felony.
Where it is Legal
In the United States, the North Dakota House of Representatives passed a bill in February 2005 to legalize and regulate online poker and online poker card room operators in the state. The legislation required that online poker operations would have to physically locate their entire operations in the state. In most cases, general state gambling laws make online poker illegal as well. To our knowledge, no one in the United States has been indicted or convicted of a crime related to playing online poker for money so far. This, of course, might change in the blink of an eye. The United States has been a precarious place for online poker since 2011. Only a handful of states have legalized and regulated the activity, leaving thousands of poker enthusiasts looking for a. While not banning online gambling outright, UIGEA did make illegal the processing of payments to and from US players to offshore Internet poker rooms. UIGEA was opposed by some politicians and world trade bodies, and online poker rooms who didn’t agree with the law’s legality continued to take US customers. Real Online Poker for US Players Things are changing fast for online poker. There are four states that have regulated games — Nevada, New Jersey, Delaware, and Pennsylvania — plus legal, sweepstakes poker games in other areas. While the boom of 10 years ago is over, online poker for real money in the US is on the.
Since you ask the question, it would probably suit you to know where you can play poker online in the US without the fear of being the first one to be apprehended by the authorities. You have the freedom to play poker without the fear of anyone breathing down your neck in Pennsylvania, Nevada, Delaware, and New Jersey.
The UIGEA Law
The US Congress passed the UIGEA Law way back in 2006. The law does not address individuals engaging in playing poker but it outlaws any attempt to offer online poker platforms to US citizens to lure them into playing the game. The effect was actually no effect at all on individual poker players since poker is still being played unabated in the US. However, the law was not toothless at all times. Offshore companies that offered poker gaming to American citizens were prosecuted. Banks with poker-related transactions were put to task.
The Green-light
The state department reversed the 1961 Wire Act at some point after the passing of the UIGEA law. Effectively some states were granted the green-light to allow online poker when played within the state. The state of Nevada was the first one to pass an online poker law following the review of the Wire Act.
Unregulated and regulated Online Poker
It will help you to learn that there is a difference between playing on regulated sites and playing it on sites with no regulation at all. Some states have laws that regulate online poker, yet others are still grappling with the idea. Regulated sites pay taxes to the states where they belong. Unregulated sites originate from all over and ideally violate the UIGEA Law of the US.
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The online poker laws from state to US state vary considerably, but they can be easily positioned into four distinctive categories; legal and regulated, not legal or regulated (but not punishable by law), illegal by default (and punishable by law), and explicitly illegal. Since this document will cover the poker laws across all 50 states and the District of Columbia, I’ll forgo any unnecessary verbiage and get right down to business. First, I’ll define the four categories.
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Legal and Regulated
These are the states that took the initiative to legalize and regulate online poker after the US Department of Justice made it permissible to do so after reversing its previous opinion of the Federal Wire Act in December of 2011. It is legal to play online poker in these states so long as the player is old enough, is physically located in the state and only accesses online poker rooms licensed by the respective state.
States that fall into this category will be defined by the term “Legal”, and are listed below for convenience. Click on any state to jump to its brief legal description.
Not Legal or Regulated (but not Punishable by Law)
There are many states that fall into this category. These are states where the laws of gambling are ambiguous enough that there is no punishment applicable to citizens for playing online poker. It doesn’t mean it’s legal, but it’s not exactly illegal either since one can’t be punished for it.
States that fall into this category will be defined by the term “Not Legal/Illegal”, and are listed below for convenience. Click on any state to jump to its brief legal description.
Illegal by Default (and Punishable by Law)
The term “illegal by default” means that the state’s gambling laws are too ambiguous to say that online poker is not illegal, even though it’s not specifically mentioned anywhere in the legislative text. Most of them declare that any gambling activity that is “not specifically authorized by law” is defined as “unlawful”. Therefore, any penalty imposed upon any form of traditional land-based gambling would trickle down to that online gambling activity, as well.
Is Online Poker Legal In Usa Now
States that fall into this category will be defined by the term “Illegal by Default”, and are listed below for convenience. Click on any state to jump to its full legal description.
Explicitly Illegal and Punishable by Law
Some states have gone so far as to enact unequivocal laws that specifically prohibit playing real money Texas Holdem or any other type of poker game or gamble over the internet. Not only is it illegal to play, there are precise penalties imposed on anyone caught playing, generally much stiffer than the penalties imposed by other states.
Is Online Poker Legal In Use
States that fall into this category will be defined by the term “Explicitly Illegal”, and are listed below for convenience. Click on any state to jump to its brief legal description.
Online Poker Legal Usa
The following is a concise, alphabetically ordered, state-by-state narrative of the current online poker laws across the US.
Online Poker In The Us
AlabamaIllegal by DefaultThe laws of Alabama loosely define online poker as illegal by default and punishable by law (class C misdemeanor).AlaskaIllegal by DefaultAlaska’s laws are very old, but poker falls into the illegal category, thus online poker, by default, is also illegal and punishable by law (class B misdemeanor).ArizonaIllegal by DefaultArizona is another state where the ambiguity of the laws could easily be construed as prohibiting online poker; committing gambling is punishable by law (class 1 misdemeanor).ArkansasExplicitly IllegalArkansas law prohibits wagering on standard gambling and “the invention of new names or devices” that are “brought into practice, in any and in all kinds of gaming”. That would certainly encompass online poker, and is punishable by law (violation incurs fine of $50-$100).CaliforniaNot Legal/IllegalSince California is home to numerous licensed card rooms, poker doesn’t fall under the “not specifically authorized by law” guidelines of most states. Therefore it’s not explicitly legal or illegal, and there is no penalty imposed for playing online poker in California.ColoradoNot Legal/IllegalColorado’s laws fall into a ‘grey area’. The state’s Division of Gaming website clearly states’, “Internet gambling is illegal under state and federal laws,” but there is no penalty for committing the crime. Only operators and professional gamblers (those who profit from an operation, not as a player) are punishable.ConnecticutIllegal by DefaultPoker itself is defined as an illegal activity in the state of Connecticut if not authorized. Any online version would be considered illegal by default and punishable (class B misdemeanor).DelawareLegalThe state of Delaware acted quickly to legalize online poker and casino games. The state licenses three such websites, all belonging to Delaware’s triad of land-based gambling establishments, Delaware Park, Dover Downs and Harrington Raceway, all of which launched their online gambling services on October 31, 2013. Anyone of legal age (21+) and physically located within the state of Delaware can participate.District of Columbia (Washington D.C.)Not Legal/IllegalThe District of Columbia defines gambling as any game of chance played for money or property, but only specifies penalties for those who set up, keep or promote such games. Therefore, not while it’s not specifically legal to play online poker, there is no penalty enforced for doing so.FloridaExplicitly IllegalFlorida’s enactment of HB 155 makes it illegal to gamble over any electronic device by accessing the internet and is punishable by law (2nd degree misdemeanor).GeorgiaIllegal by DefaultGeorgia outlaws any unauthorized forms of gambling that depend on any degree of chance, thus online poker is technically punishable by law (misdemeanor).HawaiiIllegal by DefaultGambling “online” is not part of Hawaii’s statutes, but any form of gambling, regardless of the degree of chance or skill, is illegal. Thus online poker is illegal and punishable (misdemeanor).IdahoIllegal by DefaultAll forms of gambling not specifically authorized are considered illegal in Idaho. Online poker falls into that category thus is punishable (misdemeanor).IllinoisExplicitly IllegalAny form of “internet gambling” outside of playing the state lottery online is explicitly illegal and punishable (first offense is a class A misdemeanor; subsequent offenses class 4 felony).IndianaNot Legal/IllegalIndiana is an interesting case in terms of online poker legalities. It’s listed under the ‘Not Legal/Illegal’ category because state law specifically states that gambling on an “interactive computer service” is illegal. However, there’s no penalty for being a player.IowaIllegal by DefaultAny form of gambling not licensed in Iowa is considered illegal and punishable (variable; ranges from aggravated misdemeanor to class C felony).KansasIllegal by DefaultOnline gambling is not specifically mentioned, but “making a bet” on a game of chance (the degree is not defined) is illegal in Kansas and punishable (class B nonperson misdemeanor).KentuckyNot Legal/IllegalKentucky criminalizes the act of gambling with any element of chance, and by default online poker would be included, but there is no penalty for being a player.LouisianaExplicitly IllegalLouisiana law clearly states (RS 14:90.3 Gambling by Computer, part D.)“Whoever commits the crime of gambling by computer shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.”MaineIllegal by DefaultAll gambling with any element of chance is illegal and punishable (class D crime).MarylandIllegal by DefaultGambling on any “device” is considered illegal and punishable (misdemeanor).MassachusettsNot Legal/IllegalThe laws may be construed to declare online poker illegal, but there is no penalty imposed unless you’re in a “public place” or “trespassing”.MichiganExplicitly IllegalMichigan state law defines playing poker on a computer as illegal and punishable (misdemeanor).MinnesotaIllegal by DefaultAny gambling that is not explicitly legal is illegal and punishable (misdemeanor).MississippiIllegal by DefaultMississippi defines poker as gambling, and any unauthorized gambling as illegal and punishable (fine up to $500).MissouriIllegal by DefaultGambling that is not authorized is automatically illegal and punishable (class C misdemeanor).MontanaExplicitly IllegalInternet Gambling is specifically deemed illegal if not authorized by the state and punishable (profit below $750 misdemeanor, $750+ felony).NebraskaExplicitly IllegalWhile “online” poker or gambling is never mentioned, any unauthorized form is illegal, and a clause states that even if the gamble takes place outside of Nebraska’s jurisdiction, it’s still illegal and punishable (penalty variable).NevadaLegalThe state of Nevada enacted legislation to legally regulate online poker only within days of the DOJs reversal of the Wire Act. It took over a year to author the necessary regulatory framework and approve operator/vendor/supplier licenses, but the state proudly launched the very first legal, regulated, real money online poker site in the US on April 30, 2013. That poker site, Ultimate Poker, now shares the Nevada online poker market with WSOP.com (launched Sept. 19, 2013) and Real Gaming (launched Feb. 19, 2014). Anyone of legal age (21+) and physically located within the state of Nevada can participate.New HampshireIllegal by DefaultNew Hampshire is another state where the laws criminalize any gambling activity that is not authorized by the state. Poker, nor online poker, is authorized, therefore it is illegal and punishable (misdemeanor).New JerseyLegalThe state of New Jersey took it’s time about legalizing online poker and casino games when Governor Chris Christie demanded that the legislation be extremely thorough in sufficiently taxing the industry and requiring strict consumer protection laws. Having passed legislation in early 2013, the state launched a large iGaming market in November of that same year. The New Jersey Division of Gaming Enforcement’s licensed online poker operators include Party Poker NJ, Borgata Poker, WSOP NJ, 888 Poker and Ultimate Poker. Anyone of legal age (21+) and physically located within the state of New Jersey can participate.New MexicoIllegal by DefaultOnline poker is not explicitly illegal, but not authorized, therefore illegal and punishable (petty misdemeanor).New YorkNot Legal/IllegalOnline poker is not legal in New York, but there is no punishment for doing it.North CarolinaNot Legal/IllegalNorth Carolina is one of the hardest states to categorize. The laws are extremely specific, yet could be construed one way or the other. There is a penalty for illegal gambling (class 2 misdemeanor), but a good lawyer should be able to counter any charges due to the state’s application of the Dominant Factor Test (i.e. poker is a game of skill, not gambling).North DakotaIllegal by DefaultUnauthorized gambling and gambling “between persons” is illegal, but gambling is defined as betting on something “over which the person taking the risk has no control”. Thus one could probably argue their way out of a penalty (infraction for betting $25-$499, class A misdemeanor for $500+).OhioNot Legal/IllegalTechnically, online poker could be interpreted as illegal, but there is no penalty for gambling unless it’s done in a public place.OklahomaIllegal by DefaultIt’s not authorized, so it’s not legal (misdemeanor).OregonExplicitly IllegalOregon poker laws specifically prohibit ‘internet’ gambling, poker included, and it’s punishable by law (class A misdemeanor).PennsylvaniaIllegal by DefaultNot authorized by law, therefore illegal and punishable (first degree misdemeanor).Rhode IslandNot Legal/IllegalRhode Island specifically states that playing “poker” by “computers” is an illegal “gambling game”. However, the penalty only falls upon the proprietor, not the player.South CarolinaNot Legal/IllegalAs part of the nation’s ‘Bible Belt’, the laws are way more verbose in South Carolina, yet just as confusing as any other. Short and sweet version: Online poker is not illegal so long as you play in your own home, but not in your kitchen and never on the Sabbath (Sunday). However, if they do decide you’ve broken the law (since it’s not authorized), you’ll have to forfeit your winnings.South DakotaExplicitly IllegalSouth Dakota explicitly criminalizes the act of internet gambling (class 2 misdemeanor).TennesseeIllegal by DefaultObscurity is the name of the game in Tennessee. The laws are so vague they could encompass any form of gambling, by any means, regardless of skill (class C or B misdemeanor).TexasIllegal by DefaultOnline poker is not authorized in Texas, therefore is illegal and punishable (class C misdemeanor).UtahExplicitly IllegalUtah expressly outlawed online poker/gambling in 2012 (class B misdemeanor)VermontIllegal by DefaultDespite lack of specific verbiage for “online/internet” poker, any “person who wins or loses money” by betting can be fined ($10-$200).VirginiaExplicitly IllegalAlthough online poker isn’t specifically mentioned, absolutely every form of wagering is illegal in Virginia and punishable (class 3 misdemeanor).Washington StateExplicitly IllegalIn 2006, Washington State made it expressly illegal to wager over the internet, imposing a strict penalty for violation (class C felony).West VirginiaIllegal by DefaultThe poker laws in West Virginia are just hazy enough that it’s hard to define which penalty online poker would fall under, but it is illegal by default.WisconsinIllegal by DefaultBecause online poker is not authorized, it’s illegal by default (class B misdemeanor).WyomingIllegal by DefaultOnline poker is not explicitly legal in Wyoming, and if it’s not legal, it’s illegal (misdemeanor).
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