Poker is not “gambling?”

September 10, 2013

  • 188 Gaming
  • 188III Criminal Responsibility
  • 188III(A) Offenses
  • 188k68 Games, Sports, and Devices Prohibited
  • 188k68(1) k. Dice and Cards.

188 GamingPoker did not fall under general definition of “gambling” and was not sufficiently similar to those games listed in Illegal Gambling Business Act (IGBA) to fall within its prohibition, as required to overturn defendant’s conviction under IGBA in connection with his operation of gambling business involving poker games; only games of chance were gambling under IGBA, while dictionary and common law definitions of gambling varied, legislative history was inconclusive, neither poker nor any other game of skill was explicitly included under purview of federal laws criminalizing gambling, chance as compared to skill had traditionally been thought to be a defining element of gambling and was included in dictionary, common law, and other federal statutory definitions of it, and poker was predominated by skill rather than chance.
U.S. v. Dicristina, 886 F. Supp. 2d 164 (E.D.N.Y. 2012)
Suggested by Sarah Taitt, Assistant County Attorney; Osceola County; Kissimmee, FL