Ask a LibrarianKentucky An error has occurred. Please try again later.California why isnt gambling legal in texas Online Casinos - Legal Issues for CA PlayersLike this:
Eric Schneiderman wants daily fantasy sports out of New York. The legal fight between his office and the industry could set the stage for showdowns in the rest of the nation.
Dec 09, 2017 Daily fantasy sports has turned into a million-dollar industry in just half a decade. But what's all the fuss really about? Turns out it's more like gambling than we previously imagined, and that. Aug 26, 2014 In 2007, Cabot co-authored a legal paper titled 'Fantasy Sports: One Form of Mainstream Wagering in the United States.' It offers a point-by-point deconstruction of the federal law that. Sep 19, 2012 While there is some level of chance in fantasy sports - just think back to the last time you lost a star player to injury - the paper cites earlier legal cases regarding video poker machines that. Please try again later.California why isnt gambling legal in texas Online Casinos - Legal Issues for CA PlayersLike this. Legal online poker in the US. Discussions with fantasy sports league company come as UK bookmakers are well placed for slice of US market.
![]() Texas Casinos and Gambling
Texas casinos are a rare find, but they do exist. Recent Texas history includes a state-wide switch to conservative politics after decades of historical Union liberalism. This once deep-blue state is now deep-red.
But the big changes in the state weren’t just Democrat and Republican – the past few decades have seen some big changes in gambling law in The Lone Star State. Texas now has one of the most successful state lotteries, though the lawmakers that fought to legalize it faced twelve long years of legislative hell to get the law passed. Other big changes to the law have allowed for the opening of not one but two legitimate casino operations, hosting slots-like games, table games like blackjack , and even live poker tournaments.
A Texas Ban on Gambling That Doesn’t Quite WorkImageAn eight-liner slot machine parlor operating just outside Sullivan City, Tex. Despite laws saying otherwise, casinos thrive throughout the state.CreditIlana Panich-Linsman for The New York Times
By Manny Fernandez
SULLIVAN CITY, Tex. — Casino gambling with cash payoffs is illegal in Texas. But on a drizzly Tuesday afternoon in February, you could not tell it by the scene inside a former tire shop near this Rio Grande Valley border town: a few dozen men and women gambling on 75 slot machines in windowless rooms.
Among the cattle ranches and wind-battered palm trees on U.S. Highway 83, the setting was lowbrow — free chips and soft drinks were the only amenities — but the payouts, in one of the poorest sections of Texas, were substantial, up to ,000 per play.
After sliding their money into the machines, gamblers who scored jackpots raised their hand, yelled “Ticket!” and waited for a worker carrying a thick wad of bills to convert the points they had won to cash.
Despite laws saying otherwise, casinos thrive throughout the state, an underground billion-dollar industry that operates in a murky realm and engages in a perpetual cat-and-mouse game with the authorities. It is unlawful for slot-machine casinos to pay cash to gamblers, but it is legal to own, operate and play the machines in Texas, as long as the prizes are cheap noncash items such as coffee pots.
The legal gray area has grown even grayer as the state and several cities and counties have required gambling room operators to pay taxes and fees. But lax oversight by the state and local authorities helps explain how casino gambling has become so common even in a state like Texas, which publicly and officially is keeping casinos out while quietly and unofficially allowing them to proliferate.
Texas has 30,000 to 150,000 illegal slot machines that make an estimated .9 billion annually, according to the Texas Lottery Commission, which runs the state-approved lottery. The slot machines — known as eight-liners, for the variety of lines that need to match up for a player to win — are often hidden in abandoned or fake businesses, and have turned up in spaces that from the outside appeared to be karate schools, car dealerships, lawn mower repair shops and, in the South Texas town of Alton last year, a molecular lab.
ImageSlot machines seized in illegal operations in Cameron County, Tex., held in a warehouse. They will eventually be sold.CreditKirsten Luce for The New York Times
“It’s like the poor man’s speakeasy in Texas,” said Richard B. Roper III, a former federal prosecutor who oversaw a 2007 case that shut an Amarillo gambling room that made up to ,600 weekly and whose operators bribed a law enforcement official to avoid being raided. He added, “If the guy’s willing to pay off a cop, there’s got to be some money to be made.”
Some of the machines the authorities have confiscated in raids have official state tax decals — the Texas comptroller’s office collects million annually on eight-liners, pool tables and other devices as part of a coin-operated machines tax. But state officials have no idea which slot machine operators are making illegal cash payouts, saying it is up to local authorities to enforce gambling laws.
Yet many local officials lack the resources and the will to prove whether cash is being exchanged. And some communities have had even less incentive to investigate gambling rooms since officials began requiring casinos to pay for costly permits, bringing in revenue to needy cities and counties.
Workers at two gambling rooms on Highway 83 in Starr County — one in the former tire shop and the other in a renovated gravel warehouse, both of which openly paid players in cash during a visit in February — claimed to have county permits but declined to comment further. “You’re not a cop, right?” a worker at one said. “Then we don’t have to talk to you.”
Starr County charges eight-liner operators 0 per machine, through an annual licensing fee approved by the County Commissioners’ Court last year. Starr County’s top elected official, County Judge Eloy Vera, did not respond to requests for comment, but he told a local television station, KGBT, that the fees generated .7 million.
“They frankly are turning a blind eye to illegality,” said the county attorney, Victor Canales Jr., who opposed the ordinance allowing eight-liner permits. “As pretty much everybody in the county knows, there are cash payouts. You see postings on Facebook of people winning.”
ImageIn the Rio Grande Valley, just outside Sullivan City, Tex., this eight-liner parlor dispenses cash prizes.CreditIlana Panich-Linsman for The New York Times
The industry has grown so large, particularly near the border, that it has attracted the attention of the federal Department of Homeland Security . And it has injected an illicit attraction into small towns that now hum at all hours with a scaled-down Las Vegas Strip experience of chiming slot machines, free all-you-can-eat buffets and uniformed security guards.
The gambling room on Highway 83 at the renovated gravel warehouse featured at least 100 machines; a giant, sparkling chandelier; pictures of Marilyn Monroe on the red walls; and free hot dogs. Dance music blared. One gambler wore medical scrubs.
Esperanza Salinas, 70, a retired middle-school teacher, went there with her 72-year-old husband, Jorge Salinas, and her brother-in-law, Armando Salinas Jr., 68, a former city commissioner in the town of Elsa. When she is not busy deer hunting or volunteering at her church, Mrs. Salinas said, she gambles on eight-liners about twice a month.
That February afternoon, the three of them spent a few hours gambling at the renovated tire shop and gravel warehouse. Mrs. Salinas lost , while her brother-in-law lost and her husband won about .
“We’re not hurting anybody,” she said. “We see it as entertainment and have fun. I’ve never been in one where there’s a fight or an argument or a disagreement, anything like that. You don’t see any riffraff.”
Gamblers like Mrs. Salinas have an unlikely group to thank for the slot-machine boom: the Texas Legislature.
ImageEsperanza Salinas, 70, and her husband, Jorge, 72, after visiting an eight-liner parlor. Mrs. Salinas gambles on slots twice a month.CreditIlana Panich-Linsman for The New York Times
In 1993, lawmakers approved legislation that seemed so innocuous it was known as the “fuzzy animals” bill. It was intended to ensure that amusement games, such as those played by children at Chuck E. Cheese’s or a carnival that awarded stuffed animals, would not be considered unlawful gambling devices. The bill, signed into law by Gov. Ann W. Richards, legalized any device made for “bona fide amusement purposes” that awarded noncash prizes with a value of or no more than 10 times the amount charged to play the game.
But operators of illegal gambling rooms began exploiting the law. Hundreds opened in Houston’s Harris County, until county leaders approved tough regulations that required them to close between 10 p.m. and 8 a.m., to have untinted windows and to be at least 1,500 feet from schools, churches and residential neighborhoods. In 2011 in Brownsville in South Texas, the federal Homeland Security Investigations began looking into money-laundering activity associated with eight-liner establishments. They uncovered an estimated 9,000 machines making 0 million annually in Cameron County.
“That amount of money is just a huge red flag for us at the federal level,” said Kevin W. Benson, assistant special agent in charge of Homeland Security Investigations in the Brownsville area.
Cameron County’s eight-liner industry has been largely dismantled, after the federal investigators shared their intelligence with the district attorney, Luis V. Saenz. About 40 raids have been conducted since April 2013 as part of Mr. Saenz’s Operation Bishop, including one at the American Legion in Port Isabel and others at empty houses that were turned into illegal gambling rooms with automated teller machines for customers to use.
“I’m not here to judge morally,” Mr. Saenz said. “I’m the chief law enforcement officer of the county, and it’s my job to enforce the law. We hit this place in La Feria that had been called ‘Little Vegas.’ It was like a compound where they had three different gaming rooms. They had their strobe lights, and their blinking lights, and their signs. They’re doing it out in the open, blatantly.”
Mr. Saenz’s focus on eight-liners has cost him votes, led to a death threat against him and supplied him with his own gambling room, of sorts. About 100 slot machines seized in the raids sit in a brick warehouse. Roughly 500 others were sold to a company that paid the county 0,000. Mr. Saenz said environmental regulations prohibited him from destroying confiscated eight-liners.
“I wanted to steamroll them to send a message,” he said.
A version of this article appears in print on , on Page A11 of the New York edition with the headline: A Texas Ban on Gambling That Doesn’t Quite Work. Order Reprints | Today’s Paper | Subscribe
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Texas' gambling rules explained: You can play bingo or the lottery, but no sports betting
In most cases, it’s illegal to gamble or place a bet in the state. But there are some exceptions.
by Sierra Juarez March 20, 2018 12 AM
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Hey, Texplainer: Why do I have to go to other states to gamble?
When Texans want to spin a roulette wheel, pull the arm of a slot machine or try their hand at scooping up the pot in the center of a poker table, many pack their bags and head for Louisiana, Oklahoma or Las Vegas. That’s because in most cases, it’s illegal in the state to gamble.
For the past several decades, Texas legislators have largely frowned on the idea of relaxing the state’s gambling laws out of concern for morals and negative social effects. But Texas’ gambling laws aren’t by any means the strictest in the nation, and there are some forms of legal gambling that do take place.
With this said, there are sportsbooks out there that are taking action on which top professionals will win this year’s $10,000 championship event. This includes a trip to this year’s Super High Roller Bowl, where he was the runner-up to Justin Bonomo for a $3-million payday. With such accolades at his back, Negreanu is the co-favorite on the 2018 World Series of Poker Main Event odds at, where he is at +5000 on the moneyline.Despite not playing in the World Series of Poker for the last two years, 10-time WSOP bracelet winner Phil Ivey is garnering his share of action. Negreanu, Ivey co-favorites at BetOnlineNot only is he one of the most popular players in the game today, Daniel Negreanu is also the all-time winningest player, with almost $40 million in career earnings. World series of online poker 2018.
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Texans may buy lottery tickets or place bets on horse races and greyhound dog races. The state’s also more lax on “social gambling,” or gambling that takes place in private places. Bingo games or charity auctions are usually allowed, so long as the organizer doesn’t take any portion of the profit.
But what about casinos?
Some of the three federally recognized Native American tribes in the state can own and run casinos on their lands. Right now, there are two casinos operating on reservations located near Livingston and Eagle Pass.
The Kickapoo Lucky Eagle Casino near Eagle Pass is a fully functioning casino, complete with a poker room and gaming machines. It’s as close as Texans can get to Las Vegas-style casinos without leaving the state.
Meanwhile, Naskila Gaming , a casino-like facility near Livingston, is the focus of an ongoing legal battle between the state and the Alabama-Coushatta Tribe. Texas Attorney General Ken Paxton says the facility is subject to state laws. The tribe says it has federal authority to allow certain kinds of gambling. Right now, the venue is operating, but the state is trying to shut it down.
There are also new forms of gambling-oriented businesses popping up throughout the state, such as the Post Oak Poker Club in Houston. Texas law maintains that an “organizer” can't take money from the pot in games of chance. Instead, the poker club charges patrons a series of rental fees.
Poker clubs like the one in Houston are in a legal gray zone, according to Greg Gladden, a lawyer who practices gambling law in Houston. He said the gaming laws aren’t clearly written and are enforced in different ways throughout the state.
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Gaming laws could change
For years there has been a debate over whether the state should expand, clarify or get rid of its gaming laws.
Some Texas legislators, such as state Rep. Carol Alvarado , D-Houston, say it’s time to leave some gaming laws up to the voters. She filed a bill in 2011 with the intent to do just that.
“I know some of my colleagues get heartburn about allowing Texans to decide,” Alvarado said. “But Texans like to gamble, and if we do it smart, we could create economic development in the state.”
Letting voters decide might lead to destination casino gambling – or casinos like those in Louisiana that have hotels – being legalized, she said. In 2011, a University of Texas/Texas Tribune poll found 56 percent of Texans supported allowing full casino gambling in the state.
Alvarado said she thinks a law that allows for destination-type casinos would cut down on the amount of illegal gambling and could help generate additional revenue. She said she’ll file a similar bill in the next legislative session.
“I’m going to continue to propose it until we pass it,” Alvarado said.
Meanwhile, the U.S. Supreme Court could rule as soon as Tuesday on whether individual states should have the right to decide whether they want to allow gambling on sports. Right now, legal sports gambling is essentially confined to Nevada.
But even if the Supreme Court opens the option to other states, Texas might not jump at the chance to legalize the practice. In 2015, Gov. Greg Abbott , a Republican, told the Texas Lottery Commission that he 'wholeheartedly' supports the current state restrictions on gambling.
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The bottom line: Texas gambling laws are complex, but Texans don’t necessarily have to leave the state in order to gamble.
Why Is Fantasy Sports Legal But Online Poker Isnt Good
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InfoNevada law has no effect on gambling in California. . So my question is why doesn't CA allow their own casinos to use real dice in craps. About Mesites are subject to rules and regulations not found in Las Vegas and other common gambling destinations. In California, gambling law does not allow the outcome of craps to be directly determined by the use of dice. For this reason many California casinos totally eliminate dice. 19 Jan 2016 . The Texas attorney general said Tuesday that daily fantasy sports constituted illegal gambling . “Simply put, it is prohibited gambling in Texas if you bet on the performance of a . Court Allows FanDuel and DraftKings to Operate in New York Amid Appeal . Tara Todras-Whitehill for The New York Times .
The state of gambling law in Texas2008By Markus KypreosFormer TDCAA Research Attorney, now in Fort WorthAn update on gambling laws, poker tournaments (both private and charity), and dog-fighting
While every state bordering Texas, as well as Mexico, has casinos within 50 miles of the Texas border, such establishments are illegal here. But district and county attorney’s offices in Texas aren’t exactly light on cases when it comes to gambling. Criminals continue to attempt more intricate schemes, including the use of technology, to protect themselves and (more importantly) to elude prohibitions in the Penal Code. Here is an overview of what is happening in the gambling arena.
8-Liners, video lottery terminals (VLTs), and slot machines
They may not be as sexy as underground poker rooms, but these cases are much more prevalent around the state. There has only been one Texas Court of Appeals case involving gambling in the last two years, and it concerned 8-liners. In Pardue v. State,1 J.J’s Game Room in Lacy Lakeview (near Waco) operated 8-liners, but instead of paying out cash to the players, it distributed gift cards to various stores, such as Wal-Mart, as rewards (a very common practice to circumvent the Penal Code). The owner of J.J.’s argued that under Texas Penal Code §47.02, gift card payouts qualify for the “fuzzy animal” defense to prosecution applicable to “noncash merchandise prizes, toys, or novelties that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or five dollars, whichever the lesser amount.” The appeals court rejected her argument, and her conviction was affirmed.
Texas Penal Code §47.01(4) provides a hypertechnical definition of “gambling device” that has been the subject of litigation like this for over a decade. The key to the problem can be found in the exclusions from the definition, which include “any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or , whichever is less.” Herein lies the difference between, say, illegal 8-liner operations and a video arcade that hands out candy and coffee mugs in exchange for tickets.
Why Is Fantasy Sports Legal But Online Poker Isnt Bad
There appears to be a belief among game room operators that as long as they don’t pay out cash, their operation is perfectly legal—or at least they won’t raise suspicions with local authorities. This argument has been struck down several times, most clearly by the Texas Supreme Court in 2003, holding that “devices, known as ‘8-liners,’ that dispense tickets redeemable for cash, even if used only for additional play, or for gift certificates redeemable at local retailers do not, as a matter of law, meet the gambling device exclusion under §47.01(4)(B).2 Pardue, One Super Cherry, and Hardy are three good cases to review when presented with an 8-liner case involving a game room.
It’s also important to note that the McLennan County Criminal District Attorney’s Office charged the owner of J.J.’s with engaging in organized criminal activity as well, arguing that the employees, in combination with the owner, committed or conspired to commit the underlying offense of gambling promotion by handing out gift cards and earning bonuses for the performance of the business. The employees testified that they did not believe their activities were illegal and/or that the law was unclear. The court held that despite receiving instructions from an employer, an employee can still agree to collaborate to commit criminal activities.3 The lesson here is that should your office ever be presented with an 8-liner case, always check to see if the owner/operator had at least two other employees who committed an overt act to satisfy the organized criminal activity statute.4
Eight-liner manufacturers and electronic gaming companies are pushing the limit in Texas. (See Potter County Attorney Scott Brumley’s upcoming nuisance case against Aces Wired, a manufacturer and operator of electronic 8-liners). While the Texas Courts of Appeals and the Texas Attorney General seem to be in agreement on why these non-cash payouts are illegal, hundreds of thousands of dollars are spent on lobbying and personal meetings with state and county officials to convince them otherwise. Though operators of gaming rooms are using creative payouts and unconventional prizes to avoid prosecution under a very specific gambling statute, now more than ever, prosecutors will need to use just as much ingenuity in applying the Penal Code to the ever-changing technologies and schemes of these operators. The more 8-liner cases that are affirmed by the Texas courts of appeal concerning non-cash and unconventional payouts, the easier it will be for prosecutors to overcome defendants’ “gift card” arguments in the future.
Dog fighting
As Michael Vick brought national attention to the underground sport of dog fighting, it’s important to remember the available avenues of prosecution when presented with a dog fighting case. The obvious criminal offense relating to dog fighting falls under Texas Penal Code §42.10 (dog fighting). The punishments for this crime were revamped in the last legislative session. Specifically, 1) attending a dogfight as a spectator or 2) owning or training a dog with the intent that the dog be used in a dog fight changed from Class C misdemeanors to Class A offenses. Causing a dog to fight with another dog, participating in the earning of or operating a facility used for dog fighting, or using or permitting another to use any real estate (building, room, tent, arena, or other property) for a dog fight are now state jail felonies.
But don’t forget that the motivation behind dog fighting is money. Organizers of these fights often serve as the “casino,” taking wagers on the dogs and violating §47.02 by keeping a gambling place (§47.04) and committing the offense of gambling promotion (§47.03). Also, as described in the 8-liner analysis, should the operator of a dog fighting ring employ at least two others or have partners in organizing the fights, you may be able to prosecute them under the organized criminal activity statute (§71.02).
Poker
It would seem the poker craze has somewhat died down. Attendance at the 2007 World Series of Poker Main Event dropped by 27 percent from 2006.5 A large part of that decline is believed to be a result of the 2006 federal Unlawful Internet Gaming Enforcement Act (UIGEA) which prohibits the transfer of funds from a financial institution to an Internet gambling site. Many Internet gambling sites offered entry into the World Series of Poker as prizes; with the enforcement of the UIGEA, these sites saw a decline in online participation, as well as an inability on their part to offer as many entries.
Another consequence of the UIGEA is that it has forced poker players to seek other venues, often in private card rooms or clubs. On its face, a private card game in someone’s home does not violate the Texas Penal Code, as long as the participants follow the exceptions listed under §47.02(b)(1-3), namely, that the gambling is in a private place, that 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.
If you’re a prosecutor in Houston or Dallas or the surrounding areas, you’ve probably experienced cases with SWAT raids of underground poker rooms. Those games in “back rooms” of public businesses are the easiest to prosecute because the defendant has clearly violated the private place exception; putting a bouncer in front of a curtain and monitoring who goes in and out doesn’t make the establishment or room private when the business itself is open to the public.6 Poker games in private residences are a little more difficult. It’s conceivable that million-dollar hands could legally be played in the living room of someone’s house, but such a scenario is unlikely. The higher the stakes, the more people want a piece of the action, whether it’s for organizing the game, hosting, or promoting.
Poker in restaurants and bars
The Texas Attorney General has stated that as long as participants do not risk money or anything of value to try to win any prize, the game is not illegal under §47.02, which is how bars and restaurants hold legal tournaments.7 Texas Penal Code §47.02(a)(3) states that a person commits an offense if he plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
Why Is Fantasy Sports Legal But Online Poker Isnt Real
On more than one occasion, I have been confronted, while playing poker, with the question of what purpose law enforcement serves when they crack down on high-stakes poker games. Whether gambling should be legalized in Texas is a separate argument from why gambling should be regulated. Regulation of gambling can be best supported by the necessity of the recent number of card room raids throughout Texas. Converting a home into a card room and inviting strangers to play is asking for trouble, especially when large amounts of money are involved. Further, those who operate the card rooms frequently charge or take a percentage of each hand as a fee for their hospitality, a clear violation of the §47.02(b) exception. A quick search of news stories relating to crime in poker rooms in Texas over the last few years shows that assaults, murders, and robberies related to the games themselves are all too common occurrences among these underground poker rooms.8 Consider this a counterargument for the defendant who argues that the police are wasting time and taxpayer money by raiding their home, or 8-liner game rooms for that matter, to break up a friendly game that happens to have tens or hundreds of thousands of dollars lying around in one place. Odds are the next time a person breaks down the defendant’s door and is armed with a shotgun, he’ll wish he was just being arrested.
Charity poker
The Charitable Raffling Enabling Act in Chapter 2002 of the Texas Occupations Code will rarely, if ever, apply to Texas Hold ‘Em fundraisers. Often, the business or association holding the event does not meet the requirements of a qualified organization (non-profits, fire departments, emergency medical services, and education). Even if the organization meets the stipulated requirements, the charity exception requires that a raffle be conducted to award prizes. Because a raffle is defined as “the award of one or more prizes by chance at a single occasion among a single pool or group of persons who have paid or promoted a thing of value for a ticket that represents a chance to win a prize,”9 players are prohibited from receiving prizes based on how far they advance or what place they finish in a poker tournament. Additionally, the code prohibits cash as a prize. The Attorney General has also made it clear that even nonprofit organizations that sponsor a “poker run” violate gambling statutes.10 Therefore, unless the raffle results are completely separate from the outcome of the poker tournament—begging the question, why play at all?—charities and other groups should not rely on Texas Hold ‘Em tournaments to raise funds.
Online gambling
A quick note on office pools is appropriate here because the same analysis applies: Technically, all office pools are illegal in Texas because you’re wagering on the final result of a game or contest, a clear violation of §47.02(a)(1). The real issue is whether the exception applies, specifically whether your office is a private place. Office pools that don’t involve the outcome of a game or contest are usually not illegal under the statute. For instance, wagering on how many smoke breaks a coworker in your office will take in the next four hours is perfectly legal and at times, entertaining. However, unless you shut your doors to the public in March for college basketball, April for the Masters, May when TDCAA Director of Operations John Brown races in the Congress Avenue Mile, June for the U.S. Open, fall for college football, and January for the Super Bowl, you will almost certainly run afoul of Texas gambling law.
When placing a bet online, a defendant may argue that the bet itself is placed in the confines of his home—a private place—and thus the exceptions under §47.02(b)(1-3) apply. Attorney General Opinion No. DM-344 addresses this argument directly and states:
“Just as a private residence would not be a ‘private place’ for purposes of the defense if the public has access to gambling there, neither would it be consistent with the defense here if, for example, anyone who knew the proper ‘telephone number’ and had a computer with a modem could join the games.”
The opinion also notes that the physical presence of bettors at a game is not required. Most online poker sites operate in a similar way. Players log in and join any table they wish. Tables are open to the public as long as participants have registered and deposited money to gamble. Thus, using the analysis above, the privacy defense under §47.02 would not apply, and players violate the gambling statute by participating in online poker games.
Perhaps in an attempt to circumvent this law, most sites offer the opportunity to establish private rooms in which the creator can control who may participate in a game. While this act might be sufficient to establish privacy under §47.02(b) (1), it also defeats the purpose for many poker players simply looking for a game, those trying to make money in tournaments, or those trying improve their skill in bigger games. Private rooms, as well as those open to the public, also usually cost each entrant a percentage of each hand raked or an entry fee, thus creating an economic benefit other than personal winnings and violating §47.02(b)(2).
ConclusionAt the end of the day, gambling cases, while exciting, are not as easy to prosecute as they may initially seem. Prosecutors must overcome defendants’ technology and creativity using a somewhat archaic and, at times, unhelpful Penal Code statute. Further, juries may be less than enthusiastic about convicting an operator of a game room or card room when, in their minds, no one was injured and no victims were involved. Of course, these operators are violating the law and making thousands, if not hundreds of thousands, of dollars off of their own illegal enterprise. It’s only a matter of time before this criminal activity invites myriad related crimes such as assaults, robberies, and murders, none of which are “victimless.”Endnotes
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