There appears to be some dispute as to whether poker generally, and a home poker game specifically, is illegal in Tennessee. It’s certainly a valid question, especially for those of us who love to play, and have no ready access to a legal live game (absent driving or flying several hours for one). Given what I do for a living, I thought I’d put some of my training to use, and post this note here. While I don’t like the law, here’s what the statute on this says:
Certain portions not applicable to analysis have been omitted.
Tennessee Code Annotated § 39-17-501
“As used in this part, unless the context otherwise requires:
(1) Gambling is contrary to the public policy of this state and means risking anything of value for a profit whose return is to any degree contingent on chance, or any games of chance associated with casinos, including, but not limited to, slot machines, roulette wheels and the like.
. . .
(2) “Gambling bet” means anything of value risked in gambling;
(3) “Gambling device or record” means anything designed for use in gambling, intended for use in gambling, or used for gambling;
. . .
(6) “Profit” means anything of value in addition to the gambling bet.”
The statute goes on to note, in the specific comments of the Tennessee Sentencing Commission, more detail to the meaning of the statute’s language. Their interpretation seems pretty clear.
“This section contains the definitions for gambling offenses. The definitions are intentionally broader than those found in prior law. The commission intends to include any scheme by which value is risked upon a chance for greater value as a “gambling” offense. The definition of “gambling” includes lotteries, chain or pyramid clubs, numbers, pinball, poker or any as yet unnamed scheme where value is risked for profit.”
The Tennessee Courts have not often addressed the issue of poker as gambling within the meaning of the statutes on this point. Since 1899, there have only been four reported cases in which gambling on poker (not video poker machines, but actual live games) is considered. The statutes on permissible gambling have changed several times during the last hundred years or so.
The statute is more geared at preventing casinos and card rooms seeking to operate the games for a business. The primary punitive aspects of the law are geared toward operating a gambling enterprise. The law is truly designed to restrict these businesses from operating. The punishment for the players are only somewhat secondary, in my opinion.
In other words, the law really wants to prevent shady backroom casinos operating for a profit which, as you would all suspect, is due to the fact that none of these proceeds would be TAXED. Punishment for the players is just a deterrent trying to keep these folks away from the untaxed card games for fear of a fine and/or jail time.
Saying all of that, I’m not sure that local law enforcement is going to get that worked up about enforcing the law against a group of friends playing a weekly low stakes game. However, under a strict interpretation of the statute, the weekly home game for pennies and nickels would probably be illegal gambling.
So you all know, according to T.C.A. § 39-17-502, “ The offense of gambling is a Class C misdemeanor.
In other words, the “skill” versus “chance” distinction doesn’t mean much in Tennessee. As for my opinion, I believe that poker is largely a skill-based game. Certainly, there is a degree of chance, or pure gambling, involved.
However, I draw the distinction on this simple point. In a game like craps or roulette, the outcome of your bet (and whether you win or lose) is based SOLELY on the roll of the dice or the drop of the ball. In poker, you can win a hand based on your bets, with the worst hand if you are a skillful player. It’s hard to win a Pass Line bet on a bluff.
Thought I’d share it.