"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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