ILLEGAL GAMBLING AND DEVICES LAW

Under Pennsylvania Law gambling is illegal. To determine whether or not an action is gambling the action must meet three specific criteria:

• Consideration. There must be money involved
• Chance. The outcome of the action is left up to chance and is not based upon skill.
• Reward There must be the possibility of monetary gain.

Side Note: The game of“Texas Hold ’em” Poker is specifically excluded from the list of games considered to be gambling. PA courts made a  determination that the game of “Texas Hold ‘m” Poker does not meet all three of the criteria for illegal gambling, as skill predominates over chance in the game and therefore the game is not “unlawful gambling’ as defined under Pennsylvania Law.

Illegal Gambling and/or possession of Gambling Devices are 1^st degree misdemeanors.

Illegal Gambling comes in several forms. Utilizing Gambling Devices, engaging in Games of Chance, Pool Selling and Bookmaking are all considered Illegal Gambling.

A person will be found guilty of Illegal Gambling if they

• Knowingly or intentionally make, set up, assemble, maintain, sell, lend, lease, or give away any device to be used for gambling purposes, with the exception of playing cards
• Allow any other persons to collect and assemble for the purpose of unlawful gambling at any place under their control,
• Solicits or invite any other people to a place where unlawful gambling is taking place,
• Are the owner, tenant or occupant of any premises which is used for the purpose of unlawful gambling,
• Occupy any place for the purpose of receiving, recording or registering bets or wagers, or of selling pools;
• Receive, record, register and forward, or pretend to forward, any bet or wager on the results of elections, nominations, or contests of any nature
• Act as the custodian or depository, of  property staked, wagered or pledged, or to be staked, wagered, or pledged upon the results of elections, nominations or contests

The law provides that any devise found to be used for the purpose of Illegal Gambling is subject to seizure and forfeiture by the Commonwealth of Pennsylvania.