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  Gambling News - July 2005  

"Official: Legality of Online Gambling Untested in Courts"

In the state of Tennessee, gambling, defined by the Tennessee Criminal Code as risking anything of value for profit when the return is to any degree contingent on chance, is definitely illegal. Online gambling, however, may be one way for residents of Tennessee to get around the criminal code. According to Tennessee law, gambling is “contrary to the public policy of this state” and, therefore, illegal. The law does not, however, make any mention of the legality or lack of legality regarding gambling when a player makes a bet in a jurisdiction where gambling is legal. Thus, because online gambling allows players to make bets in locations outside of Tennessee and because online gambling is not specifically addressed by Tennessee law, Internet gambling may not be illegal.

Furthermore, since there are some forms of gambling that are permitted in Tennessee, such as participation in the Tennessee lottery, participation in certain annual charitable events, and participation in certain lawful business transactions, visiting online gambling sites that are based outside of Tennessee may not pose much of a challenge to the current anti-gambling laws there. In fact, Blount County Assistant District Attorney General Rocky Young, said that he was aware of the increased participation at online gambling sites but was not aware of any legal opinions regarding the participation of Tennessee residents in online gambling sites outside of the state. This would seem to indicate that people residing within the state of Tennessee may very well be able to gamble online unchallenged by the law.

Young added “I would imagine the argument that it is not illegal would be based on the fact that the bet is actually placed in a jurisdiction where gambling is legal”. He further added that until it is tested in court, no one can say for certain that it's legal or that it's against the law.'' In other words, until that day in court comes, people living in Tennessee can feel free to gamble over the Internet as much as they like or as much as their pocket book would allow.

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