FAQ Category: USA Home Poker Law
South Dakota documents its unlawful gambling statutes in a very vague way, as to include all forms of gambling without actually stating each and every type of gambling prohibited. Because of this, home poker games are included as unlawful gambling activities in South Dakota. [Reference: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-25-1]
Home poker games are not legal in Georgia. Though the state’s laws do not explicitly outlaw “social gambling”, it does provide legislation that legalizes only three forms of gambling – bingo, state lotteries and raffles. [Reference 1: O.C.G.A. Title 16, Chapter 12] [Reference 2: http://gbi.georgia.gov/00/channel_modifieddate/0,2096,67862954_88103912,00.html]
In terms of unlawful gambling definitions, Montana law is opposed to any game of skill where one player or operator is given a distinct advantage over another. Therefore a social gambling game, such as a home poker game, is permitted so long as no player, host or proprietor is profiting in any way outside of participation in the game that results in winnings from the gamble itself.
In Tennessee, home poker games are outlawed by default, as they are not specifically mentioned anywhere in the state’s legislation. The Tennessee Code only proffers legal gambling venues, which include approved, state-issued lotteries and annual, authorized charitable gambling events. Every other form of gambling is restricted.
Yes, Hawaii condones home poker games as social gambling, again following the basic guidelines of “social gambling”. All players must compete equally. None shall profit in any way other than their personal gambling profits. The gambling activity must not be bookmaking, and must not be held in a business establishment or public area. [Reference: http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1231.htm]
The only forms of gambling permitted by Nebraska state law are bingo games, lotteries and raffles designated or licensed by the state. Therefore all social gambling, including home poker games, are outlawed.
In Texas, home poker games are legalized by specific exceptions in the unlawful gambling laws. The Texas Statues clearly indicates that social games are legal if a player “engaged in gambling in a private place”; “no person received any economic benefit other than personal winnings”; and “except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants”. [Reference: http://codes.lp.findlaw.com/txstatutes/PE/10/47/47.02]
Idaho strictly prohibits most gambling activities within it borders, including all forms of poker – home game or otherwise. The only forms of gambling permitted in Idaho are state lotteries, pari-mutuel betting, and charitable forms of bingo and raffle games. [Reference: Article III, Section 20 of the Idaho Constitution, http://ballotpedia.org/wiki/index.php/Article_III,_Idaho_Constitution]
Home poker games are perfectly legal in Nevada. State law defines all unlawful gambling activities, but specifically excludes “games played with cards in private homes or residences in which no person makes money for operating the game, except as a player…” [Reference: http://www.leg.state.nv.us/nrs/NRS-463.html#NRS463Sec0152 (specifically NRS 463-0152)]
Utah is another state where home poker games are considered unlawful gambling. There are no exceptions for private dwellings or equal opportunity gains. As defined by the Utah Code, all forms of gambling are illegal except amusement devices. This law dates all the way back 1953. [Reference Utah Code 76-10-11: http://govinfo.library.unt.edu/ngisc/reports/ut.pdf]
