How is playing poker illegal?

[chukakhan]

I know that this is a question that any idiot should be able to answer- but I am having a hard time understanding just how poker is "illegal"?

I live in Houston, Texas, and in the last couple of years poker halls have been popping up everywhere. How is that possible if poker is illegal?

In the back of my mind I just know poker is illegal because every since I was a little kid people have told me that it is illegal. How could everybody be wrong?

I can play poker in my house with my friends. I can drive to Louisanna and play poker. I can fly to Neveda and play poker. I can play poker online in the comfort of my own home.

What is the basis for the argument that everybody has always assumed that poker is "illegal"? I know this sounds like a long rant but I really am curious to the justification!

Any helpfull thoughts?

[top6]

There are laws, which are written down, which state what is legal and what is illegal. In Texas, gambling is illegal. The term gambling is defined under Texas law to include playing poker for money. So it's really not something that can be debated.

Go to this link: http://tlo2.tlc.state.tx.us/cgi-bin/cqcgi

and click on "16. PENAL CODE CHAPTER 47. GAMBLING § 47.01. DEFINITIONS" if you don't believe me.

[CaptDrew]

Hell it's illegal to have anal sex in Alabama. People still do it.

[LuckyTxGuy]

[ QUOTE ]
There are laws, which are written down, which state what is legal and what is illegal. In Texas, gambling is illegal. The term gambling is defined under Texas law to include playing poker for money. So it's really not something that can be debated.

Go to this link: http://tlo2.tlc.state.tx.us/cgi-bin/cqcgi

and click on "16. PENAL CODE CHAPTER 47. GAMBLING § 47.01. DEFINITIONS" if you don't believe me.

[/ QUOTE ]

Top, not trying to start a debate here but privately playing poker and gambling are not illegal in Texas. Playing poker and forms of gambling where the house takes a rake, charges a fee, or profits in anyway is illegal. I host a legal $20 poker tourney every week at my house. As long as I take NO money and everyone's $20 is paid back out in prizes, our game is perfectly legal. Just wanted to point that out.

Here is a great site with gambling info for every state. Scroll down to Texas and you'll see that "social gambling" is allowed. http://www.gambling-law-us.com/State-Law-Summary/

[top6]

LuckyTxGuy, I believe you are right...

(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling[0] in a private place;
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.

[futuredoc85]

[ QUOTE ]
Hell it's illegal to have anal sex in Alabama. People still do it.

[/ QUOTE ]

yes we do, when we can find a woman who doesnt mind breaking the law once in a while [img]/images/graemlins/wink.gif[/img] btw,
interracial marriage is also illegal, unless they changed it in the past 5 years. But its unenforced.

[LuckyTxGuy]

Yep that's it Top. Wasn't trying to start a debate, just wanted to point that out.

What baffles me is that bingo is legal in Texas. I have an aquaintence who is the editor of a (of all things) Texas bingo newspaper. She's been explaining to me how the bingo halls operate and while they are strictly regulated by the state, they do business just like a poker room would. It's crazy that we can have something as crazy as bingo, which is obvious gambling, legal here but poker rooms where the house takes a rake are illegal. Ugh.

[gostros]

[ QUOTE ]
[ QUOTE ]
Hell it's illegal to have anal sex in Alabama. People still do it.

[/ QUOTE ]

yes we do, when we can find a woman who doesnt mind breaking the law once in a while [img]/images/graemlins/wink.gif[/img] btw,
interracial marriage is also illegal, unless they changed it in the past 5 years. But its unenforced.

[/ QUOTE ]
Actually, anti-miscegenation laws were taken off the books in all states with Loving v. Virgina in 1967.

[DuderinoAB]

[ QUOTE ]
Hell it's illegal to have anal sex in Alabama. People still do it.

[/ QUOTE ]

I wonder how many arrests are made per year on this one. I figure its gotten happen to someone right?