Confusion reigns supreme as to the legal status of poker in New York. The recent raids have only helped confound the situation further. It would be helpful for players to note why, though, they have nothing to fear from the law or police raids against poker clubs. We should, in fact, continue to patronize the clubs that have still not closed their gates to patrons. We could take a quick peep at the applicable law.
The concerned article is Article 1, Section 9 of the New York State Constitution that clearly states:
“No lottery or the sale of lottery tickets, pool-selling, book-making or any other kind of gambling [except state-run lotteries and state-sponsored pari-mutuel betting on horse races] shall hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section.”
A few exceptions have been made by the law for charitable organizations and non-profit groups who have small-time “casino nights” with infinitesimally small stakes, but otherwise, all the other forms of gambling are illegal in New York.
One may argue: “Poker is no form of gambling. It is most definitely a game of skill, surely not of luck.” Hold your breath though, the State of New York and its constitution does not consider if skill or luck as something to do or not to do with “gambling” New York Penal Law. Section 225.00(2) has an elaborate definition of what it considers “gambling”:
“A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.”
Undoubtedly, poker falls under this description. By risking something of value (in the case of gambling money, Section 225.00(6)) upon the outcome of a future contingent event not under their control or influence (the cards that will come by, in whatever game), upon an agreement that one of them will receive something of value (all the money in the stakes) in the event of a certain outcome (that his hand is the best and the other players have no option but to fold)
Poker may be classified as “gambling” in the State of New York, but it does not stop you from joining in at one of the card rooms and playing poker. Article 1, Section 9 of the Constitution states clearly that only that gambling is unauthorized; the recording of state crimes is left to the discretion of the state legislature. Thus we need to look into more depth at the Penal Law and the actual crimes taken into account by the statute in order to determine what sort of gambling activity is said to be criminal. Section 225, lists all of them:
* Promoting gambling, second degree–when a person knowingly advances or profits from unlawful gambling activity. Class A misdemeanor.
* Promoting gambling, first degree. Class E felony.
* Possession of gambling records, second degree. Class A misdemeanor.
* Possession of gambling records, first degree. Class E felony.
* Possession of a gambling device. Class A misdemeanor