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. 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. 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. 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. for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor.' (Emphasis supplied.) any banking or percentage game played with cards. Here is my analysis and reasoning to support that conclusion.Ĭalifornia Penal Code Sec. I think the better, more legally supportable, conclusion is: playing poker for money in California at the popular online poker websites is illegal, but in today's tolerant atmosphere the risk of being charged with a criminal misdemeanor is far less than the chance of getting a speeding ticket, and the actual penalty to befall anyone who is charged will be not much more serious than the speeding ticket. It is not a crime to buy a lottery ticket, even in an illegal numbers games.' Thus, his view is 'So, at least in California, it seems it is not a crime to play poker online for money.' (Emphasis supplied.)

The author says: 'California, for example, makes it a crime to play 11 named games, including '21' and any 'banking or percentage game.' The California Penal Code also makes it a misdemeanor to make sports bets.

But about half the states also make it a crime to make a bet under some circumstances, even though nobody is ever charged any more.' (Emphasis supplied.) He says: 'All states make it a crime to conduct some forms of unauthorized gambling. Nelson Rose wrote a short article entitled ' Is It A Crime to Play Online?' His article is intended to look at this question only from the standpoint of the player, not from the standpoint of the operator of an online gambling website.

Therefore, the conclusion that playing online is technically illegal in California is no longer correct.] Is Playing Poker Online in California Legal

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