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A Blog About Online Gaming and Entertainment Regulations

November 2, 2009

Poker as a Game of Skill

By: Ifrah Law
Whether poker is determined to be a game of chance or a game of skill has tremendous implications for defendants charged under state and federal gambling laws.  This issue was recently litigated by a group of defendants charged under state gambling laws in South Carolina.  The defendants demonstrated to the satisfaction of the trial court that poker was indeed a game of skill.  However, the trial court was not sure whether as a game of skill, poker was immune from prosecution under South Carolina law.  The trial court held that because it was unclear whether the Supreme Court would adopt what is known as the dominant factor test - it is not gaming or illegal gambling to engage in a game where skill dominates over chance  - the trial court punted and convicted the defendants (so much for the rule of lenity!).  On appeal, the Court reversed. See Chimento. In an extremely well reasoned decision, the Court held that the Supreme Court would in fact follow the dominant factor test and as... Read more

On October 22, 2009, the Supreme Court of Kentucky heard oral arguments in the above referenced case. The case originated when the Commonwealth of Kentucky filed civil seizure and forfeiture proceedings against 141 domain names – virtually all of which offered or involved internet gaming. The Commonwealth contended that domain names constitute gambling devices under… Read More