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Poker is a Game of Skill


Written January 22, 2009 by Jack Jones

poker-lawsA judge in Pennsylvania has handed down a land mark ruling for poker enthusiasts, finding that the poker is a game of skill and thus does not fall under the criminal category of gambling.

The case involved defendants who were on trial for hosting and dealing a poker game in a garage. Even though the house did not take a rake, the players were expected to tip the dealer so the authorities arrested the pair for violating the Pennsylvania state law on illegal gambling.

The judge’s decision was based solely on whether Texas Hold’em should be considered gambling. If the game is based on chance then it would be considered gambling, but if the game is based on skill then it would not be. The other two elements for a game to be considered gambling are consideration and reward, which both are met with antes or betting and pots being won.

The judge focused on the fact that there are so many books about poker on the market. Caro’s Secrets of Winning Poker was cited by the judge who then went on to further cite several academic studies on online poker.

The conclusion made by the judge that poker is a game based on skill was made after stating the player has a distinct possibility and opportunity of exercising skill with sufficient data to make an informed judgment and that the skill and efforts of players governs their results. Individual player skills have varying degrees of competence, but that is common with any competition that involves skill. The overall outcome is determined after players use a variety of both intellectual and psychological skills. Players must know the rules, the mathematical odds, how to read their opponents tells, and playing styles. The player also needs to know when to hold, fold, and raise while managing their money.

This is a big case for poker players because it sets a strong precedent for similar cases that could arise all across America. Other states are not bound by Pennsylvania law, but with this judge’s clear understanding of the game and how clearly he laid out his explanations, it’s going to be a great case for other defendants to cite and reference.

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