🍒 The Insane Legal Online Poker Status in California []

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Discusses the legality and possible consequences of playing poker the conclusion that playing online is technically illegal in California is no.


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Discusses the legality and possible consequences of playing poker the conclusion that playing online is technically illegal in California is no.


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But saw no formal laws breaking through the ball of red tape and greed. Contents [show].


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The bottom line is that online poker remains illegal in the state of California for everyone, even those who might have an inside track to it. Poker rooms in California.


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California is a gambling state. We take a look at the state's gambling laws and online poker bills. Read more about online poker in California.


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Discusses the legality and possible consequences of playing poker the conclusion that playing online is technically illegal in California is no.


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Is Online Poker Legal in California? Maybe. legal-law Although we are not an authority on the legality of Internet poker in California, we have researched this issue.


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The bottom line is that online poker remains illegal in the state of California for everyone, even those who might have an inside track to it. Poker rooms in California.


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California is a gambling state. We take a look at the state's gambling laws and online poker bills. Read more about online poker in California.


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Discusses the legality and possible consequences of playing poker the conclusion that playing online is technically illegal in California is no.


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Fees charged for all wagers shall be determined prior to the start of play of any hand or round. In addition, playing in duly licensed California cardrooms does not run afoul of the prohibition because those cardrooms charge players in a manner that is not considered to be a percentage rake. However, since Professor Rose wrote the article there have been a few state criminal charges brought involving online betting under state laws making the bet a misdemeanor. A graduate of Harvard Law School, he is a tenured full Professor at Whittier Law School in Costa Mesa, California, where he teaches one of the first law school classes on gaming law. The cited provision of Section j was adopted in response to several California court decisions in and that construed what was meant by a percentage game. Thus, if you are in California and are playing and betting money on poker games at one of the popular online websites, you are likely violating the law. It provides:. Ample notice shall be provided to the patrons of gambling establishments relating to the assessment of fees. The charges are only misdemeanors, but those charges can have adverse effects that go beyond the mere criminal charges. Half the states do have ancient laws on the book making it illegal to make a bet. Any variation in charges during the play of a hand must be made on the basis of the fact of a wager being made, not the amount of the wager. Here is my analysis and reasoning to support that conclusion. The court held that if either of the first two methods is used, then the game will be a percentage game. As long as no one makes money, other than as a mere player, it is OK to play in a real money home poker game. Stan Fox.{/INSERTKEYS}{/PARAGRAPH} The actual collection of the fee may occur before or after the start of play. Note that the collection, or rake, does not go up based on the amount bet, but on the fact that a bet of some amount is being made. But other wagers are not forbidden. No online real-money poker website has a license from any California gaming authority. C Any lottery game conducted by the California State Lottery. Kennedy , 84 Cal. Social home games are an example. Usually the fee takes the form of the website operator being entitled to a rake that is a percentage of the money in a given pot, limited to a maximum amount. Only the third method was determined to be a permissible form the house could use and still avoid having the game be declared a percentage game. I am not aware of any online real-money poker games that do not have a rake or entry fee for most real-money poker games and tournaments. So, an escalation in the rake based on how much is in the pot would appear to be prohibited. It is not a crime to buy a lottery ticket, even in an illegal numbers games. It involves determining where the game is being offered and played as well as the ability to assert legal jurisdiction over the owner-operator of the website offering the game. Of course, if the online poker game is a percentage game, then the offering of it would be unlawful directly under Section About The Author. Flat fees on each wager may be assessed at different collection rates, but no more than three collection rates may be established per table. But, probably 20 million Americans make technically forbidden wagers each year. California Penal Code Sec. This alone would violate the quoted statute, which requires that if a flat fee is involved, the amount must be known in advance, the charge being taken either before or after the hand is completed. {PARAGRAPH}{INSERTKEYS}See material in [RED] in text of article below. This is because playing poker for money in California is legal so long as the particular game being played does not run afoul of the other provisions of the law. Many local jurisdictions in California require licenses to be obtained in order to operate a cardroom in that jurisdiction. That is, if everyone folds to the big blind or the dealer button in stud then no rake is taken in Las Vegas, or in the online cardrooms. In response to several court decisions in California in and , California Penal Code Section j was adopted. Therefore, the conclusion that playing online is technically illegal in California is no longer correct. Under the statute it is conceivable that different amounts of flat fees could be charged on different wagering rounds, but not on different amounts in the pot. The first version of this law was passed in An informal telephone discussion with a member of the California Department of Justice Gaming Division on December 15, , confirmed that view as well as the fact that the Division has not issued regulations interpreting how to calculate collection fees. Trying to figure out how a court may rule is a different and quite complicated matter. With odds like that, you are more likely to be elected governor of California than charged with illegal gambling. I believe the existence of the rake or entry fee makes the poker game a percentage game, all of which are banned as a class by Section Three different methods of calculating the amounts to be paid to the house by players were considered: 1 a portion of each participants winnings, 2 a fixed portion of the amount of each bet, or 3 the time that each participant plays. In tournament play there is an entry fee that may be viewed as a percentage of the buy-in amount each player pays, the sum of which buy-ins make up the prize pool to be split among the winners, since the amount increases as the buy-in amount increases. He is an internationally known scholar, with more than published works, and public speaker, often the keynote speaker on gambling issues. The jury hung on the question of his guilt and he subsequently entered into a guilty plea agreement with the prosecutor on that and other pending matters. The conclusion Professor Rose reaches is correct for the situation where the player bets in an online poker game that is NOT also a percentage game. Professor I.