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Montana law permits bars and taverns to have up to 20 video gaming devices that play video poker, video keno, or video bingo. These machines are operated in partnership with the state and are not permitted to pay out in cash; instead, they print out a receipt which must be taken to a cashier. Video poker made its entry to the casino in the seventies; and is today one of the most popular forms of gambling. For the player who likes a game of skill, a low house edge, the possibility of large wins, and the anonymity of playing alone there is nothing else that can compare to video poker. The rules of video poker are simple; you play 1 to.
Video Poker machines contain several poker games, keno games, slot games, and blackjack. Buyers will never get bored having more than 95 games to choose from. Players can choose from single hand games or multi hand games to keep it competitive. Some of the most popular slot games are also included such as Cleopatra, Blue Moon and Wolf Run. Across the nation, individual states are considering changes to the gaming industry. In Ohio, the House recently decided to add an amendment that would allow video poker machines to be added to.
| United States v. Kane | |
|---|---|
| Court | United States District Court for the District of Nevada |
| Full case name | United States of America v. John Kane and Andre Nestor |
| Decided | November 2013 |
| Citation(s) | 11-mj-00001 [1] |
| Holding | |
| Defendants' Motion to Dismiss charges under Title 18 U.S.C. § 1030(a)(4) should be granted |
United States v. Kane, No 11-mj-00001 (D. Nev. filed Jan. 19, 2011), is a court case where a software bug in a video poker machine was exploited to win several hundred thousand dollars. Central to the case was whether a video poker machine constituted a protected computer and whether the exploitation of a software bug constituted exceeding authorized access under Title 18 U.S.C. § 1030(a)(4) of the Computer Fraud and Abuse Act (CFAA). Ultimately, the Court ruled that the government's argument failed to sufficiently meet the 'exceeding authorized access' requirement of Title 18 U.S.C. § 1030(a)(4) moving to approve the Defendants' Motions to Dismiss.[1][2]
This case is noteworthy because it followed the precedent established by the Ninth Circuit's decision in United States v. Nosal, 676 F.3d 854 (9th Cir.2012) (en banc), with the magistrate calling the government's argument directly analogous to the government's argument in Nosal, further asserting that the CFAA does not regulate the way individuals use the information they are otherwise authorized to access.[3]
Background[edit]
In early April 2009, John Kane discovered a software bug in a video poker game which, following a 'complex combination of game changes, bill insertions and cash outs', would allow him to access previous winning hands and trigger a jackpot.[4] Following this discovery, Kane then contacted Andre Nestor who flew out to meet Kane and joined him in exploiting this bug for profit. The two continued this for nearly five months, from April 2009 to September 2009.[5]
Suspicions were raised on July 3, 2009, when Kane won five jackpots, each with 820-1 odds, in under an hour at the Silverton Casino Lodge. Following this, two engineers from Nevada's Gaming Control Board were called in to inspect the machine for foul play. Here, having analyzed the machine's logic tray and EEPROM, the engineers discovered the previously unknown firmware bug which Kane had been exploiting to win the jackpot payouts.[5] Subsequently, both Kane and Nestor were later arrested and charged with conspiracy to commit wire fraud and violating Title 18 U.S.C. § 1030(a)(4) of the CFAA on allegations that they exceeded authorized access to a protected computer in furtherance of fraud.[4]
Court findings[edit]
Following their Indictment, the Defendants filed a Motion to Dismiss, moving the Court to dismiss the charges alleging violations under Title 18 U.S.C. § 1030(a)(4), arguing that 'even accepting all of the Government's factual allegations as true, the Government has failed to state a cognizable offense under the law.'[2] The Court sided with this Motion to Dismiss, concluding that the Defendants had not violated Title 18 U.S.C. § 1030(a)(4), for a video poker game does not constitute a protected computer under 18 U.S.C. § 1030(e)(2)(B) nor did their actions exceed authorized access under 18 U.S.C. § 1030(e)(6).[2]
Protected computer[edit]
Computer[edit]
Addressing the Defendants claim that video poker machines are not 'protected computers', the Court first defined a computer to having the meaning given by 18 U.S.C. § 1030(e)(1) (the Computer Fraud and Abuse Act), which states a computer is an:
'electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device' [1]
Kane, in his reply, argued that due to their lack of keyboards, network connection, and ability to read or accept new information, video poker machines should thereby be excluded from this provision,[2] highlighting 18 U.S.C. § 1030(e)(1) which continued to state that:
'such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.' [1]
However, whilst the Court acknowledged the exceptions listed in this provision, the Court argued that video poker machines are not 'sufficiently similar' to an automated typewriter or typesetter or a portable hand held calculator to qualify for exclusion.[2] Consequently, the Court held that the video poker machines perform functions that directly align it with what constitutes a computer under 18 U.S.C. § 1030(e)(1).
Protected computer[edit]
Having concluded that video poker machines are computers, the Court then sought to address the Defendants claim that such machines are not 'protected computers'.
To do this, the Court called upon 18 U.S.C. § 1030(e)(2)(B), which defined a protected computer as:
'[a computer] which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States'[1]
The arguments were as follows:[2]
- The Defendants, citing National City bank, N.A. v. Prime lending, Inc., argued that because the video poker machines lacked the ability to connect to the internet, they are not protected computers. However, the Government, citing U.S. v. Mitra, 405 F.3d 492 (7th Cir. 2005), reasoned that while internet connectivity is sufficient in establishing a computer as a protected computer, it is not required.[6]
- Addressing this, Kane noted how critical to the Seventh Circuit's holding in Mitra was the issue of having operated in a medium of interstate commerce that was within a federally regulated domain. Thus, he argued, Mitra is not applicable to this case, for video poker machines are not subject to federal regulation. [6] The Government refuted this claim, arguing that the Gambling Devices Act of 1962 (15 U.S.C. § 1171-78) subjugated these devices to federal regulation, therefore they operate within the same regulated domain.[7]
- The Government argued that, due to the video poker machines 'attracting customers from all over the country to Las Vegas' to play them, they thereby affect interstate commerce.
In its ruling, the Court held the following:[2]
- The Court sided with the Government in that internet access is not the only way to constitute a computer as a protected computer.
- The Court sided with the Defendant for, unlike the radio system in Mitra, a video poker machine has no such capability to transmit, receive, or otherwise communicate information across state lines.
- Additionally, the Court rejected the Government's Gambling Devices Act applicability argument, declaring it invalid as this act functioned to merely regulated the shipping and transportation of these devices.[7] Thus, 'the machines themselves do not function within those channels as anything more than cargo'.
- The Court held that the Government's argument of affecting interstate commerce through the attraction of customers fails for two reasons:
- This proposed effect only holds in the aggregate, as the Government cannot show an individual video poker machine to have such an effect on interstate commerce.
- The basis of this argument derives from having 'divorce[d] the function of the device, i.e. logical, arithmetic, or storage functions, from its supposed effects in interstate commerce.'[1]
Emphasizing the need for a more 'tangential relationship to interstate commerce', the Court concluded that the video poker machines failed to constitute protected computers as doing so would 'result in an unacceptably broad application of the term'.[2]
Exceeds authorized access[edit]
Access[edit]
To address the Defendant's claim of not having exceeded authorized access the Court first held that the Defendants, due to them having physically 'interacted with the video poker machines in the manner for which they were designed',[2] had accessed the video poker machine.
Exceeds authorized access[edit]
Subsequently, the Court defined the term exceeds authorized access using 18 U.S.C. § 1030(e)(6) which defines the term as:
'[accessing] a computer with authorization and to use such access to obtain or alter information in the computer that the accessor is not entitled so to obtain or alter'.[1]
With the Defendants actions allowing them to obtain previously played hands, the Government argued that they had subsequently 'obtain[ed] or altered information' that they were not authorized to access, thereby exceeding their authorized access.[2]
However, with the Government having conceded that the Defendants were authorized to play video poker, the Court disagreed with the Government's claim, as it effectively sought to criminalize the way the Defendants played the game.
Citing the Ninth Circuit's opinion in United States v. Nosal, 676 F.3d 854 (9th Cir. 2012), the Court ruled that the 'CFAA does not regulate the way individuals use the information which they are otherwise authorized to access'[2] as such an application of CFAA would 'transform whole categories of otherwise innocuous behavior into federal crimes simply because a computer was involved'.[3] Resultantly, the Court held that the Defendants did not exceed their authorized access.
Ruling[edit]
Having affirmed that the video poker machines failed to constitute protected computers and that the Defendants actions failed to constitute exceeding authorized access, the Court concluded that the Defendants' Motion to Dismiss charges under Title 18 U.S.C. § 1030(a)(4) should be granted.[2]
See also[edit]
References[edit]
- ^ abcdef'18 U.S. Code § 1030 - Fraud and Related Activity in Connection with Computers'. Legal Information Institute.
- ^ abcdefghijkl'United States v Kane - Oct. 2012 Magistrate Report'. Scribd.
- ^ ab'United States v. Nosal (Nosal II)'. Harvard Law Review.
- ^ ab'No Expansion of CFAA Liability for Monetary Exploit of Software Bug'. New Media and Technology Law Blog.
- ^ abPoulsen, Kevin. 'Use a Software Bug to Win Video Poker? That's a Federal Hacking Case'. Wired.
- ^'UNITED STATES v. MITRA United States Seventh Circuit Case and Opinions'. Findlaw.
- ^ ab'Gambling Device Registration'. The United States Department of Justice.
While video poker involves a great deal of skill, it also involves luck too.
And the luck factor is why it's classified as gambling across the world.
As with any other form of gambling, video poker is subject to different laws
Betonline ag reviews. across various states and countries.
Because laws vary depending upon where you live, it can create confusion as
to whether you're allowed to play real money video poker.
That said, let's cover everything you need to know about the subject,
including the following:
Legality of video poker across all 50 US states.
Legality of online video poker in the US and other nations.
Class II vs Class III Video Poker
Many states in the US offer legal video poker options. But one very important
distinction between states is whether they offer Class II or Class III video
poker.
What's the difference?
Let's take a look at the differences, including how Class II video poker
operates like a bingo game.
Class II Gaming
The US federal government passed the
Indian
Gaming Regulatory Act (IGRA) in 1988. The IGRA requires that each state
negotiate legal casino gaming with Native American tribes in 'good faith.'
If states and tribes agree to a pact, all casino gaming must take place on
reservations. Another key point is that Native American casinos are relegated to
Class II gaming – unless negotiated otherwise.
Class II gaming mainly consists of bingo, whether electronic or played
through physical cards. Other Class II gaming includes non banked card games,
pull tabs, punch boards, and tip jars.
Bingo is the key here because Class II video poker machines operate like
bingo drawings.
Balls are drawn (electronically) to determine winning patterns on the virtual
card. In turn, these winning patterns decide whether or not you win a prize on
any particular spin.
Prizes are predetermined, and the odds and payouts correspond with what you'd
expect from a standard video poker game. Class II machines don't have paytables,
but the payouts are close enough to what a typical video poker paytable offers.
Assuming you don't know anything about video poker strategy, one thing you'll
appreciate is how you can't make mistakes. Instead, if the game predetermines
that you're getting a full house, then you can't mess this up.
Let's look at an example:
- You're dealt: Jd Js Ad Ac Qd
- You have a two pair, and three cards to a royal flush.
- You throw away the Js and Ac to chase a royal flush.
- This is a strategy mistake because a two pair is valued higher
than 3 cards to royal flush. - If the game has predetermined that you'll receive a two pair,
it'll correct your move and award you accordingly.
Class III Gaming
Class III gaming is the style that you see at commercial (state licensed)
casinos. Native American casinos can also offer this type of gaming, but they
need to receive approval from state legislators and/or voters first.
A Class III video poker machine operates through a random number generator
(RNG), just like a slot machine.
An RNG cycles through millions of number combinations to determine the
results of a hand. This ensures that all results will be completely random and
independent of the last.
Besides how results are determined, Class III machines differ from Class II
style games in a couple major ways:
- They have a paytable.
- Your strategy matters.
The paytable is always present with a Class III gaming machine, which is nice
because you can see the exact prizes available.
As for strategy, every decision you make has an impact on your chances of
winning. If you make a mistake, then it lowers your long term expected value
(EV).
Here's an example:
- You're dealt: 9d Kh 3d 9c Qd
- You keep Kh and Qd.
- The correct decision is actually to hold 9d and 9c because they give you
both 3 pair and quads potential.
This isn't to say that you can't still win with Kh and Qd – in fact, it may
turn out even better. But your EV is higher when keeping the pair of 9's in this
situation, making it the right strategy play.
What US States is Video Poker Legal
Now that we've covered the differences between Class II and III gaming, let's
discuss what type of video poker (if any) each state offers.
- Alabama
One theme you'll notice in this section is that the American South is
generally against gambling. The same holds true for Alabama, which only features
a few tribal casinos and one racino.All of these casinos are relegated to Class II gaming, including video poker.
- Alaska
The Last Frontier is also one of the last places that you want to be as a
gambler.Alaska has no legal commercial or tribal casinos. This also means that you
won't be able to find a single legal video poker machine in the state.They do allow for charitable bingo and pull tab games. But these are of
little benefit to video poker players because there are no tribal casinos to
operate Class II video poker machines. - Arizona
Although not traditionally known as a great gaming destination, Arizona has
19 tribal casinos – all of which can offer Class II and III gaming.This means that you'll find standard video poker machines that operate based
on RNGs. - Arkansas
The Land of Opportunity was once one of the biggest gambling havens in the
US. But they eventually outlawed most forms of gaming.Today, you'll find two racinos that offer what are dubbed 'electronic games
of skill.'Although not 100% like video poker, these games see you exercise skill in
trying to win the most money possible. - California
While California doesn't offer commercial casinos, they have 58 tribal
casinos serving their massive population of 39.14 million people.In 2000, the state amended their constitution to allow for Class III style
gaming and regular video poker games. - Colorado
Colorado is one of the most liberal states, as evidenced by the fact that
they were the first to legalize recreational marijuana use.It's no surprise that they're also liberal with casinos too, with 38
commercial gaming establishments found throughout the state. This means you'll
never be far from a video poker machine in the Centennial State. - Connecticut
Foxwoods Resort and Mohegan Sun are the only two casinos in Connecticut. But
these are also two of the largest casinos in the United States.Both establishments can offer Class III gaming, and you'll find a large
amount of video poker games in Foxwoods and Mohegan Sun. - Delaware
The Diamond State is home to three racinos, including Dover Downs, Dover
Downs Hotel & Casino, and Harrington Raceway & Casino.These venues are licensed to offer a wide variety of gaming, including video
poker. - Florida
The Sunshine State is home to 2 commercial casinos, 8 tribal casinos, and 25
racinos. This gives you a number of Class II and Class III gaming options
throughout Florida. - Georgia
Georgia, another southern state, only has one legal casino option – a cruise
ship that heads out into international waters.You can enjoy legal video poker aboard the Emerald Princess Casino Cruise
once you're out to sea. But you can't play the game anywhere else in the Peach
State. - Hawaii
Along with Utah, Hawaii is the only state that doesn't allow any type of
gaming. This means no video poker or any other casino games. - Idaho
Idaho features 7 tribal casinos and 8 racinos, both of which can offer Class
II video poker machines.Tribal gaming interests have made attempts in the past to get Class III
gaming legalized. This includes the Coeur d'Alene, the Kootenai, and the Nez
Perce tribes, who, in 1992, fought to get state laws amended.But Idaho's government – not wanting to go against their largely conservative
beliefs – blocked these Class III gaming efforts. The Coeur d'Alene later
attempted to establish a poker room in 2014, but they were ultimately
unsuccessful here too.Looking back on these events, it doesn't seem that Idaho will change their
stance on Class III video poker any time soon. - Illinois
In 1990, Illinois legalized riverboat gaming. Since then, 10 riverboat
casinos have sprung up around the Land of Lincoln.These casinos offer Class III games, and you'll have numerous video poker
options in Illinois. - Indiana
The Hoosier State has gradually seen their number of casinos increase over
the past few years. They now feature 11 commercial casinos – all with Class III
video poker.They also feature two racinos, including Hoosier Downs and Indiana Downs,
both of which have over 2,000 machines. - Iowa
The Hawkeye State was a pioneer in the riverboat gaming industry, legalizing
the activity in 1989.They now feature 14 commercial casinos and 3 racinos. All of these
establishments are allowed to offer Class III style gaming. - Kansas
In 1995, Kansas and four tribes signed pacts so the latter could open Class
II gaming facilities. In 2016, the state passed legislation to create four
state licensed casinos and to allow electronic gaming at racetracks.What does mgm casino stand for. Our casino's high-energy atmosphere and non-stop action are the epitome of what Las Vegas gaming is all about. With 10 different types of games, our casino's high-energy atmosphere. In the 80s, billionaire Kirk Kerkorian had gained ownership of the studio. He marketed the MGM name, founding various businesses, including an airline. He eventually built two Vegas hotel casinos, both called MGM Grand. Come in to any MGM Resorts casino and find some of the best odds in all of Las Vegas. Learn More Table Games. Close Dining Reservation Select Dates Select Dates. Close Dining Reservation Make a.
Today, Jayhawks can enjoy video poker machines at a variety of gaming
establishments. - Kentucky
Well known for the Kentucky Derby and other thoroughbred racing, the
Bluegrass State makes every effort to protect their lucrative racing industry.This includes banning commercial and tribal casinos. Unfortunately, this
leaves Kentuckians without any land based video poker options. - Louisiana
Other than Nevada, the Bayou State is the only other place in America where
casino gambling is legal throughout the entire state.That said, you have 16 commercial casinos, 4 racinos, and 4 tribal casinos to
choose from. - Maine
The Pine Tree State has one commercial casino in Hollywood Slots, and one
racino in Scarborough Downs. This leaves Main residents with two places where
they can play video poker. - Maryland
The Terrapin State has really ramped up their casino gaming industry since
they now feature 6 commercial casinos.You can play video poker at Horseshoe Casino Baltimore, Horseshoe Casino
Perryville, Grand Falls Casino Resort, Maryland Live!, MGM National Harbor, and
Rocky Gap Casino Resort. - Massachusetts
Currently, Plainridge Racecourse is the only place where you can play video
poker. But Massachusetts has issued casino licenses to MGM and the Wynn, while
Penn National received a slots only license.MGM was scheduled to open in the summer of 2018, and the Wynn is scheduled to
launch in the summer of 2019. - Michigan
The Great Lake State features multiple casinos in the Detroit area, along
with tribal casinos sprinkled throughout the state. This means you'll have more
than enough video poker options in Michigan. - Minnesota
Minnesota has a thriving casino gaming market that includes 19 tribal
casinos.Whether you can play Class II or III video poker machines depends upon the
casino. Some tribes have different compacts with the state government than
others. - Mississippi
The Magnolia State was famous for their widespread riverboat gambling in the
nineteenth century. Today, Mississippi is still a gaming haven, thanks to their
17 casinos.This is a large casino industry when considering that Mississippi has just
2.92 million people and isn't a tourist magnet. It also means that you won't
have any trouble finding video poker here. - Missouri
Like Mississippi, the Show Me State also had a thriving riverboat gaming
industry in the nineteenth century. They passed legislation in 1990 that
reopened their casino industry, and they now have 13 casinos today.This offers Missourians a wide range of spots where they can play video
poker. - Montana
Big Sky Country has an insane number of charity gaming establishments, with
over 292 spread across the state. Montana also has a few tribal casinos that
offer Class II gaming. - Nebraska
The Cornhusker offers Class II video poker machines in tribal casinos, bars,
nightclubs, and pari mutuel facilities.Nebraska is really conservative, so we don't look for them to add Class III
gaming any time soon. But the good news is that you won't have trouble finding
Class II options because the state features 13 tribal casinos. - Nevada
Home to over 320 casinos, the Silver State is the mecca of video poker.
What's truly exciting about Nevada is that you can find games that offer over
100% payback, including full pay Deuces Wild (100.76% payback) and 10/7/5 Double
Bonus (100.17%).This is especially the case in Las Vegas, which has the largest concentration
of video poker machines. Searching the site vpFREE2.com will help you narrow
down where the best video poker games are in Vegas. - New Hampshire
While there's been a push to legalize commercial casinos in New Hampshire,
nothing has happened yet.This means that your video poker options are void in the Granite State,
although there's promise on the horizon. - New Jersey
While Atlantic City is the only place you can enjoy casino games in New
Jersey, it features some impressive casinos. This includes the Borgata, Caesars,
Tropicana, and others.You won't have trouble finding video poker in Atlantic City. And we suggest
that you start with Caesars Atlantic City, where you'll find a Joker Wild Double
game that pays back 99.91%. - New Mexico
The Land of Enchantment has a unique relationship with its tribes, whereby
the latter pays 26% of its gaming revenue to the state.This revenue sharing deal motivated New Mexico to amend their agreement with
Native American Casino in 2001. The key element of this revamped tribal gaming
pact is that casinos can offer Class III gaming. - New York
New York is known first and foremost for their lottery since it generates
over $9.7 billion annually. But they also have a strong casino industry that
includes 4 commercial casinos, 7 racinos, and 9 tribal venues.The commercial casinos, racinos, and tribal casinos owned by the Seneca
Nation can offer Class III video poker. All other gaming facilities offer Class
II gaming. - North Carolina
North Carolina has an interesting history with video poker.
They used to allow video poker machines at bars and restaurants in limited
capacity. But in 2006, a report surfaced that over
20,000 illegal machines were found throughout the state, compared to just
10,000 legal and registered games.This resulted in the state banning video poker machines at bars and
restaurants.Luckily, you can still find these games at Harrah's Cherokee Casino and
Harrah's Cherokee Valley Casino – both in the western part of the state. - North Dakota
The Roughrider State has 6 tribal casinos that offer Class II gaming,
including video poker machines.They currently have proposed legislation (SB 2221) that would allow for 10
racinos across the state. Seeing as how the state doesn't offer Class III
gaming, the proposed racinos would generate results via horse races. - Ohio
The Buckeye State voted against casino gaming twice (1980 & '90) and against
riverboat gaming once (1996). But they finally approved four commercial casinos
in 2009, followed by racinos in 2011.Today, Ohio features 4 commercial casinos and 7 racinos – all offering Class
III video poker. - Oklahoma
The Sooner State has a truly massive tribal gaming industry, with 126 casinos
spread throughout its 69,887 square miles.Oklahoma and their Native American casinos have a strong relationship because
the latter pays exclusivity fees. Tribal casinos here are allowed to feature
both Class II and III video poker. - Oregon
The Beaver State isn't a well known gaming hub, but they do have 7 tribal
casinos. And what's nice for video poker players is that these establishments
offer both Class II and Class III gaming.The State's largest casino is Spirit Mountain, which features over 2,000
gaming machines. - Pennsylvania
Up until 2004, Pennsylvania only had racetracks and a lottery. But this
changed with the Racehorse Development and Gaming Act, which allowed for
casinos, racinos, and slots parlors.Now, the Keystone State features 12 casinos, all of which offer Class III
video poker. - Rhode Island
The Ocean State has been slow to embrace casino gaming, finally legalizing
slots parlors in 2012. This has enabled the Newport Grand and Twin Rivers
Casinos – former pari mutuel betting venues – to help keep gambling tax dollars
in state. - South Carolina
The Palmetto State has fairly tough gaming laws since they don't allow
commercial or tribal casinos on mainland. In 2003, voters rejected a tribal
gaming compact to ensure that the status quo remained.The only place where you can play video poker is at the Big M Casino cruise
ship, which must depart for international waters. - South Dakota
Home to Deadwood, the infamous gold mining town where 'Wild' Bill Hickock was
shot during a poker game, South Dakota still has a thriving gaming industry
today.The Mount Rushmore State features 10 commercial casinos and 9 tribal casinos.
These are spread out across South Dakota's 78,116 square miles, meaning you can
find video poker all over. - Tennessee
While Tennessee allows daily fantasy sports and pari mutuel wagering, they
have banned commercial gambling and don't have any tribal casinos.This means that you'll need to head south to Mississippi, or west to Missouri
to find video poker machines. - Texas
The Lone Star State has gambling options, but they're hardly enough to cover
a land spanning over 268,000 square miles.Texas offers 2 Class II gaming facilities in the Kickapoo Lucky Eagle and
Naskila Entertainment. - Utah
As mentioned with Hawaii, Utah doesn't allow any form of gaming.
The Beehive State is unlikely to change their anti casino laws because their
majority population is made up of conservative Mormons. - Vermont
The Green Mountain State is tough on gaming. They only legal and available
form of gambling offered here is the state lottery.Horseracing and tribal gaming are also legal in Vermont. But the catch is
that there are no active tracks or Native American tribes with the state. - Virginia
Virginia is one of the least tolerant states towards casino gaming, given
that they don't have any casinos.This leaves residents of the Old Dominion having to travel to neighboring
Maryland or Delaware for video poker action. - Washington
The Evergreen State's gaming industry is dominated by tribal casinos. These
venues can offer a mixture of Class II and Class III gaming, meaning you'll be
able to play video poker one way or the other. - West Virginia
The Mountaineer State has 4 racinos, all of which offer Class III machines.
Guests of the Greenbrier Resort can also play casino games, giving video poker
players a fifth option in West Virginia. - Wisconsin
Wisconsin has 32 tribal casino, and all can offer Class III gaming. This
gives residents of the Badger State almost 17,000 gaming machines to choose
from, including a good deal of video poker. - Wyoming
The Cowboy State features three tribal casinos, including the Little Wind
Casino, Shoshone Rose Casino, and the Wind River Casino.These are all Class II gaming facilities, so your video poker action will be
based on chance. 18 year olds can play in these venues because no alcohol is
served in Wyoming's casinos.
Legal Online Video Poker in the US and Other Countries
Online gaming has been a murky subject in many parts of the world since it
began in the mid 1990s.
More states and countries are regulating the matter as time goes on. But this
still leaves a lot of questions regarding online video poker and other games.
Let's take a look at key issues regarding the US internet gaming situation,
as well as what you can expect from other countries too.
Offshore Online Casinos – Operating in a Legal Gray Area
One common myth about internet gaming is that it's illegal across the US. And
one reason for this is the
Unlawful Internet Gaming Enforcement Act (UIGEA), which prevents banks for
accepting online gaming transactions.
But the idea that iGaming is illegal across America is false. In fact, most
states have yet to offer any definitive stance on whether they think online
gaming is illegal or not.
This leaves internet video poker and other casino games in a legal grey area.
And offshore casinos have stepped in to fill this need for many Americans.
Most offshore casinos are located in Antigua & Barbuda, Costa Rica, Curacao,
and Panama.
All of these places offer licenses to online gaming sites, but it's up to the
companies themselves to remain reputable.
The good news is that most offshore operations are honest because they won't
receive much repeat business otherwise.
The bad news is that there are some bad apples in the bunch, and these
casinos face little repercussion. Some offshore sites are slow to make payouts
and/or poor at handling customer service issues.
This is why it's best to check out reviews on offshore casinos before you
sign up and deposit anywhere.
Currently, we count over 40 states that are regularly served by offshore
sites. This means that most Americans will have no trouble playing legal
internet video poker.
Where is Online Video Poker Legal in the US?
Delaware, New Jersey, and Nevada are the only states that have regulated
online gaming at this time.
Poker nicknames for guys getting. This means that iGaming sites must be approved and licensed to operate in
these three states. Meanwhile, offshore casinos are shut out of these places
Video poker players can ignore Nevada because their market only features
poker games like Texas holdem, Omaha, and 7 card stud.
What States Allow Video Poker Machines Machine
This leaves Delaware and New Jersey as the only American states with
regulated video poker.
The obvious downside is that this covers less than 3% of the US population.
The upside is that you can guarantee any site operating in these jurisdictions
is held to the highest standards regarding fair gaming and customer service.
If you wish to play video poker in New Jersey or Delaware, you need to be
within their state lines so their geolocation software picks you up. From here,
you just need to visit a licensed gaming site and make a deposit or play for
free.
Where is Internet Video Poker Illegal?
While most states are in the grey area regarding iGaming, others have banned
the activity in their penal code.
Washington is the worst state because they make it a Class C felony to play
at online casinos and poker sites. The good news, though, is that the Evergreen
State has never prosecuted anybody on the matter
Louisiana is another state that's tough on internet gamers. First time
offenders face a $500 fine and up to six months' imprisonment.
Utah, which bans every form of gaming, includes a section (76 10 1102) in
their penal code that claims online gaming is illegal. But the Beehive state has
yet to take action against anybody.
Hawaii – the other state that bans everything – includes an excerpt noting
that its residents are 'prohibited from visiting offshore gaming sites and
opening accounts.' Again, though, nobody has been prosecuted on the matter.
Other states like Maryland and Kentucky have taken legal action against
offshore gaming sites. Kentucky even went as far as to try and seize the domain
names of 141 offshore iGaming sites in 2008.
For this reason, many offshore casinos take every step to avoid the Bluegrass
State.
Australia Video Poker
Tired of topping
per
capita gambling lists, Australia passed the Interactive Gambling Amendment
Bill 2016, which effectively bans iGaming.
This legislation imposes stiff daily fines on any company caught offering
online casino games to Aussies. That said, it's no surprise that every
unlicensed provider has exited the Land Down Under.
Canada Video Poker
The Great White North is much like the US in that they don't have clear
federal guidelines on internet gaming.
The clear portion of their law states that it's illegal for unlicensed
Canadian companies to offer iGaming. They must be licensed by a provincial
government, which we'll discuss in a moment
The grey area is whether or not offshore casinos can offer their services to
Canadians. Going further, there's no law against a Canadian using offshore
gaming sites.
As for provincial governments, they can decide whether or not they want to
offer licensed and regulated online gaming. This all combines to make Canada
just as confusing for an internet video poker player as the US.
France Video Poker
France offers a nationally regulated online gaming market, which is overseen
by ARJEL.
They legalized and regulated iGaming in 2010. Since this time, online gamers
have been able to play at licensed and regulated sites.
Germany Video Poker
Germany's online gaming market was a grey area up until 2008, when the
country banned all iGaming except for horse racing.
In 2012, the country introduced the Interstate Treat on Gambling (ISTG) after
the European Court of Justice. The ISTG allows private companies to offer
iGaming to all Germans except those living in Schleswig Holstein, a state which
opted out
A newly elected governing party threw out the legislation, and the country
now issues licenses to international gaming companies. Long story short, Germans
have access to video poker and other online casino games.
New Zealand Video Poker
What States Allow Video Poker Machines Real Money
New Zealand has some of the world's clearest gaming laws. The Gambling Act of
2003 explains what activities are legal and illegal – with most local gaming
sites being illegal.
The good news for Kiwis who want to play video poker is that the Gambling Act
doesn't ban residents from playing at offshore sites.
Spain Video Poker
In 2012, Spain set up a licensed and regulated online gaming industry.
Licenses are awarded by the Spanish National Gaming Commission, which reviews
companies to see if they qualify.
Several big name online casinos operate in Spain, offering many opportunities
to video poker players.
UK Video Poker
The UK features a completely licensed gaming jurisdiction that's overseen by
the UK Gambling Commission.
Any gaming site that enters the UK must pass strict requirements. This means
that you can have high confidence in any site you play video poker at when in
the UK.
Conclusion
One of the toughest things about playing video poker is finding a legal and
reliable spot to play.
As we covered with the US states, gambling legality varies greatly depending
upon where you go. Louisiana and Nevada feature legal casinos all over the
state, while Hawaii and Utah ban every form of gaming
Many other states fall somewhere in between, offering a mix of commercial
casinos, slots parlors, and/or tribal casinos.
The catch with tribal casinos is that most feature Class II video poker,
which is luck based instead of skill based. These games predetermine your
results, so you'll be corrected even when you make a strategy mistake.
We're personally not big fans of the machine lending a helping hand. After
all, one of the biggest attractions to video poker is that it involves
stimulating strategy.
Ideally, you'll live near an online casino that features Class III video
poker. Commercial casinos are the best place to start, while some tribal casinos
also have Class III gaming.
If you don't live near a casino with video poker games, you can also visit
online casinos.
Video Poker Machine Used
SummaryVideo Poker Machines For Sale
Most people have access to video poker options – either legal or
offshore casinos. And hopefully, you have an option available that you're
comfortable with.
