Is Online Poker For Money Legal In Georgia
Online Poker Law. Estimated Date of Legalized Online Poker in Georgia: 2019-2020. There are two factors that influence whether or not a person can or should play poker online in Georgia; gambling device and transmission laws. Georgia is among the top three least poker-friendly states in America, and those familiar with laws in the state expect that Georgia may be one of a handful of states that will make online gambling illegal in the coming years. Learn About Other State Laws.
Georgia law does not declare online poker legal or illegal. There is a state lottery, which was legalized in the early 1990s. Raffles for charitable organizations are also allowed. Some bingo is allowed if licensed.
Specifically banned activities include wagering on dog or horse races, dogfighting, casinos, commercial gambling, pyramid clubs, and chain letters.
Latest Developments Regarding Online Poker in Georgia
There have been no changes in Georgia’s gambling laws for online poker.
In 2011, there was a movement to give law enforcement the authority to raid gambling parlors. The move was to target internet cafes that allowed people to use computers there for internet gaming. There were estimated to be up to 100 facilities at the time then-Governor Nathan Deal put forth the initiative. However, attention does not seem to stray from those particular facilities.
There are some lawmakers who introduce casino legalization bills each year. The 2017 bill was sponsored by State Senator Brandon Beach, who used Senate Bill 79 to try to legalize a horse racing track and up to six land-based casinos. He eventually changed the language of the bill from six casinos to two “destination resort” establishments, but the bill still failed to garner much support. The bill could not even make it out of committee. Beach does intend to continue working toward building casinos in Georgia in the coming years.
Georgia Laws Pertinent to Online Poker
All gambling-related laws are listed in the Georgia Code under Title 16, which is for crimes and offenses. Gambling is handled under Chapter 12 – offenses against public health and morals – right alongside obscenity, abortion, human body traffic, cigarettes, and offenses against public transportation.
A bet is defined as
“an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value.”
That doesn’t allow any room for arguing that poker is a game of skill.
A gambling device is “any contrivance which for a consideration affords the player an opportunity to obtain money or other thing of value, the award of which is determined by chance even though accompanied by some skill, whether or not the prize is automatically paid by contrivance.” It also includes “any video game machine or device, operated for any consideration, for the player of poker, blackjack, any other card game…” It is unclear if a computer could be considered a gambling device on which to play poker, as the definition has never been contested.
Is Online Poker For Money Legal In Georgia Government
A gambling place, by definition of the code, can include any real estate, building, room, tent, vehicle, boat, or other property whatsoever. This seems to include home poker games, and the charge for knowingly operating a gambling place is a misdemeanor “of a high and aggravated nature.”
The law is very specific about certain other activities that are prohibited under the gambling clause:
- Commercial gambling
- Possession, manufacturing, or transfer of a gambling device
- Possession of antique slot machine
- Solicitation of another to gamble
- Advertisement of commercial gambling
- Communicating gambling information
- Bribing a contestant in a contest or exhibition
While there is no statute directed at persons who play online poker or casino games, there is a statute that could be used against online poker operators. The “solicitation of another to gamble with intent to defraud or deceive” is complicated but includes many examples, all of which are punishable by one to five years in prison. One is “permits the playing for money or other thing of value of a game or device for the hazarding of money or other thing of value,” and another is simply “permits the betting or wagering of money or other thing of value.”
Most definitions and explanations in the Georgia Code use somewhat antiquated language and remain broad in scope. The lack of many changes in gambling law through the decades keeps the law out of touch with today’s technology and forms of gambling.
There are regular raids in Georgia conducted on large home games or tournaments held in homes, as law enforcement officials are quick to act on tips of medium- or large-scale gambling. There have not been any raids or crackdowns pertaining to online gambling, and the state government has not pursued any legal charges against anyone involved in online gambling, though the state keeps busy monitoring nearly every other type of land-based gambling.
Disclaimer: This is not written by an attorney and is not or should not be construed as legal advice. Please consult an attorney for help interpreting these laws as they pertain to any given situation.
Frequently Asked Questions
Question: Should poker players in Georgia risk playing online?
Answer: It is everyone’s personal choice to play online poker, but there doesn’t seem to be any desire by Georgia’s government to crack down on internet poker players. If the state goes after operators, it will be a bad sign, but until then, most players feel safe online.
Question: What sites are open to Georgia players?
Answer: Bovada and Ignition Poker are two of the most popular sites with poker players in Georgia, though BetOnline and Intertops both find a fair amount of interest in the state, too. There are five sites in total that offer safe online poker to Georgia residents.
Question: Why is Georgia so opposed to gambling?
Answer: In some ways, Georgia is still set in an old southern mindset, one that believes gambling to be sinful and immoral. While other states benefit from the economic boosts of casinos and other forms of gambling, Georgia has only truly embraced the lottery thus far. The state is comfortable in its old ways.
Georgia cracks our top 5 list for worst states for poker players. You won't find any legal real money alternative within the state; Georgia has no casinos, home game don't appear to be legal and when combined with the internet sweepstakes cafe crackdowns, we would guess that online poker isn't on the docket to be regulated.
That’s Georgia poker law in a nutshell. But you can read on to get nitty-gritty.
Playing Poker Legally in Georgia
Is Online Poker Legal in Georgia?
No. Reading Georgia's laws makes this very clear. For example:
16-12-21.
(a) A person commits the offense of gambling when he:
(3) Plays and bets for money or other thing of value at any game played with cards, dice, or balls.
That includes poker, obviously.
I think their definition of gambling machines, when combined with their other laws, also deem online poker illegal.
16-12-20.
(D) Any video game machine or device, operated for any consideration, for the play of poker, blackjack, any other card game, or keno or any simulation or variation of any of the foregoing, including, but not limited to, any game in which numerals, numbers, or any pictures, representations, or symbols are used as an equivalent or substitute for cards in the conduct of such game.
16-12-28.
(a) A person who knowingly communicates information as to bets, betting odds, or changes in betting odds or who knowingly installs or maintains equipment for the transmission or receipt of such information with the intent to further gambling commits the offense of communicating gambling information.
The punishment for communicating gambling information is up to 5 years in prison, a fine up to $5,000, or both.
I think online poker is off limits in Georgia. Don’t you?
What About Home Poker Games?
Running or participating in a home game in Georgia could land you in trouble, too. In addition to the (general) passage regarding the offense of gambling (mentioned above), it's important to consider Georgia's law regarding 'gambling places.'
(3) 'Gambling place' means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the principal uses of which is the making or settling of bets; the receiving, holding, recording, or forwarding of bets or offers to bet; or the conducting of a lottery or the playing of gambling devices.
... and ...
16-12-22.
(a) A person commits the offense of commercial gambling when he intentionally does any of the following acts:
(1) Operates or participates in the earnings of a gambling place;
You can get in trouble for both running a poker game and participating in one.
You can’t win. And is why we feel Georgia is one of the harshest states for poker players. Even in other states that have no poker rooms, casinos or betting, you can still play poker in a social setting as long as no one makes money from the rake or house fees.
But not here.
Do Casinos in Georgia Offer Poker?
You're not going to find any kind of casino or land-based gambling establishment in Georgia. The only option you have is to go to another state, or try a casino cruise liner like the Emerald Princess. These ships offer casino games as well as poker.
Georgia Poker FAQs
We get a lot of questions regarding the legality of poker and other types of gambling in Georgia. We thought it'd be helpful to post those here.
Is Online Gambling Legal In Georgia
Will online poker be regulated in Georgia?
No, not when you consider how strict they are about gambling right now.
Furthermore, like Florida, Georgia has targeted and cracked down on internet (sweepstakes / gambling) cafes. So I wouldn’t expect them to be passing laws for intrastate poker any time soon. In fact, I wouldn’t be shocked if Georgia made it illegal.
Is there an online poker room that accepts players from Georgia?
Surprisingly, it's still possible for Georgia players to find and play at poker sites online. Unlike the other strict states that prohibit players from even signing up (for fake or real money games), you'll be able to play anywhere that accepts US customers. A few of these sites include Bovada, BetOnline and Sportsbetting Poker.
What other forms of regulated gambling is offered in Georgia?
The only form of gambling in Georgia is their state lottery. Everything else is prohibited.
Where can I read more about Georgia poker laws?
You can read more about Georgia's (strict) poker laws here:
- Georga State Legislature - http://www.legis.ga.gov/en-US/default.aspx
Here are some interesting facts about Georgia gambling.
- Georgia residents are able to regain gambling losses through the legal system. You have up to 6 months to do so. Following the 6 months ANYONE can attempt to regain the original gambling losses. If won, the proceeds will be split between the winner and the Georgia school system.
13-8-3
(b) Money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser by institution of an action for the same within six months after the loss and, after the expiration of that time, by institution of an action by any person, at any time within four years, for the joint use of himself and the educational fund of the county.
- Steve Loube is the only resident from Georgia to win a bracelet. He won it during the 2012 WSOP.
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