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  Gambling News - June 2005  

"Texas Hold 'em and the Law"

While online poker has taken the online gambling industry by a storm, it is the Texas Hold ‘em version of the game that has catapulted the game to amazing levels of popularity and public interest. Texas Hold ‘em, the star attraction in the poker world and possibly the most popular poker game on earth, continues to be the main draw for online poker players, even though other versions of poker are also available over the net. But Texas Hold ‘em isn’t just the most popular poker game on the net, it’s also popular in all poker playing venues. Texas Hold ‘em is played at home, in high stakes tournaments, in casinos, and most anywhere else you would find a poker game in progress.

Texas Hold ‘em’s popularity has been a boon for the online poker industry, but the U.S. stance on online gambling has not. Not only is Internet gambling illegal in most states, but, in many states in America, gambling laws, regardless of the Internet, make Texas Hold ‘em tournaments illegal if there is any money being exchanged. In North Carolina, for example, it is considered illegal gambling if actual money is involved or if any prizes are offered for winning. At first glance, Texas Hold ‘em does seem to be a game of chance which is how gambling is legally defined. Some, however, differ vehemently about this definition, arguing that poker, and in particular Texas Hold ‘em, is a game of skill in much the same way that sports are games of skill. Thus, it is argued, that receiving a prize or money for winning a game of poker should be just as legal as receiving a prize or money for winning a game of golf or tennis.

Not everyone concurs with this interpretation, though, and some states still consider poker games, Texas Hold ‘em or not, to be a form of illegal gambling and thus prosecutable by law. These laws vary from state to state too so it would be wise to know the online gambling laws of the state in which you reside before you decide to try out your luck or skill in a game of online Texas Hold ‘em. While, it is true that law enforcement agencies have been reluctant to prosecute individuals for online gambling and have preferred, instead to go after the operators of the online gambling sites, it is also true that efforts to clamp down on online gambling are picking up speed making it even more important to know the online gambling laws where you live.

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