Hello, I hope this is the right place to post this and that it hasn't been covered ad nauseum somewhere else (if it has please let me know), but my question is does anybody know where I can find something that states that playing online poker in CO is not illegal (i.e. legal)?

My wife and I got into a massive argument over this to the point where she called somebody with the state (I believe it was at the dept. of revenue or something like that) and this guy told her that it was in fact illegal to play poker in my state. I told her that as I understood it that the only person at risk was the person ACCEPTING the bet, not the person PLACING it. Am I wrong here?

She also told me that she is not going to take the word of "a bunch of poker players or people with like affiliations", so if any of the very intelligent posters in this forum could point me to something in writing that would prove my point (hopefully I'm right?) I would greatly appreciate it.

Sorry fella, there is no "correct" answer to your question. There are a lot of opinions about whether online poker is legal or illegal in Colorado, but no definitive answers. And the answers also will depend and possibly differ, as you have realized, on whether you are talking about the player, the banker, an affiliate, or the site operator.

Only one thing can be said with any degree of certainty as we speak, it is certainly NOT a violation of any FEDERAL law for someone in CO to PLAY online poker.

After that the arguments can begin. And until the law is clarified by direct Court opinions or new legislation, the arguments will continue.

I can also note that CO has no mention of the internet in its gambling laws. And no one in CO has ever been arrested for playing online poker, but those facts dont prove things one way or the other.

Sorry, but anyone who tries to tell you anything else is only offering an opinion, not stating a fact. Read the master sticky to this forum (I helped write it) for a pretty good list of the various issues, all still unresolved.

Skallagrim

Thanks alot sir. I will look through the sticky. That is the answer that I was afraid to hear. I certainly don't mind living in that gray area as a tax paying profressional, but unfortunately that uncertainty along with her moral reservations (and thats putting it nicely) have put me in a real tough spot. Thanks again for your help.

I believe a state Attorney General in Colorado (from the previous administration, no longer in office), has expressed the opinion that online gambling is illegal in Colorado. However, I don't think anybody has been prosecuted, so there is no case law to back that up. Colorado has no specific laws against internet gambling, but like a lot of states, has a general prohibition on gambling, with exceptions for social gambling, the casinos in Blackhawk, Central City and Cripple Creek, the state lottery and charity bingo and raffles. This prohibition may well apply to online gambling, depending on whether the gambling is deemed to take place on your computer, or on the server in a foreign country. Nobody, as far as I know, is making any effort to enforce this alleged prohibition, and even if you were to be charged and convicted, I'm pretty sure it's a misdemeanor. I don't think you have anything to worry about.

And if the ballot issue to raise the limit on casino gambling from $5 to $100 passes, it may become worthwhile to play live poker in Colorado. I occasionally play $2-5 spread limit now, but it's a pretty crappy game.

they say it is illigal on the devision of gaming website but they are full of ****. stronge arm tactics to intimidate you. you have nothing to worry about. but yeah it's on thier site.

I think a case could be made that internet gambling is prohibited under the state's general gambling laws, but so far, nobody's been foolish enough to try to enforce it, and until somebody does, it's of little consequence. It would probably be wise not to gamble on a library computer or on a WiFi connection in a public place, as conceivably some busybody could see what you are doing and call the police, who might feel obligated to respond to a complaint of "illegal" activity, but I think doing it from your home is safe. I just don't think the political climate in Colorado is such that anybody's going to pursue people for online gambling on their own computer in their own home.

Because its something I have posted about many times before, I am not going to repeat the whole analysis (you could find it if you search). Whether CO's general gambling laws apply to the internet is an open question - I personally believe they cannot, primarily because of the commerce clause. But the final word on that is yet to come. And there are other arguments too, both ways.

The practical bottom line is this: your odds of ever getting in trouble for playing online poker are small; but those are odds, not a guarantee..... And I just lost a sizable pot on FTP to a 2 outer on the river. So its always your decision whether to take those odds.

And where you play will not make a difference if the CO authorities ever decide to push the situation and prosecute, plenty of potential defendants will be easy to find.

Skallagrim

Here is a recent response from John Suthers, the current AG. http://www.ago.state.co.us/FAQ/illeg...g_FAQ.cfm.html


Notice that the issue of skill is replaced by the term "luck". This is an attempt to reframe the discussion away from poker as a skill game. The statutes clearly say "skill games" are exempt, which is different than using luck as a defining element. I would like to see some case law on this issue, as it is a departure from statute.

Thanks alot guys. As I said before I am definitely comfortable taking the risk and am ulitmately not overly worried about any potential consequences. I, like you, would love some sort of case law to come forth as I think that our side would win (blind optimism?), but in the mean time in the court of "my house" I am basically screwed. I always say don't bite the hand that feeds but what do I know.

As a 26 year old who has already spent 3 years in the banking industry (as a commercial loan officer and in house appraisal expert) and a year and a half as the credit manager/contract specialist for a regional petroleum distributor, the one thing I can say with all certainty is that I don't want to sit behind a desk my whole life. Tough decision ahead.

Divorce now!* Get out while you're young and before you make too much $$$. Her 'moral reservations' will correlate with your misery index and are likely to increase as she ages. If you do not immediately stop the imposition of her morals upon you, it will only get worse.

Be the man in the relationship. Take back your balls.

Unlike Louisiana, and some other states, there is no law on the books which makes playing online poker a felony.

*jk. Gotta razz you for letting her control your leisure activity.