“No amount of skill can change a deuce into an ace,” the court stated. The Pennsylvania appellate court rejected the couple’s appeal, finding that while poker involves some skill, “the element of chance predominates.” Noting that throwing dice is purely a game of chance, while playing chess is purely a game of skill, the court observed that poker falls somewhere in between dice throwing and chess.īut the court concluded that players’ use of skill in poker does not change the fact that it is largely a game of chance. The Pennsylvania state lotteries and regional powerball lotteries are also legal. Pennsylvania law limits legal gambling to licensed casinos and racetracks and to licensed charitable small games of chance. Gambling is illegal in Pennsylvania except where specifically permitted by law. All three elements must exist to make a game or event gambling. Pennsylvania law defines “gambling” as an enterprise based on payment, chance, and reward. The couple claimed that poker is a game of skill, A Pennsylvania couple arrested and convicted of illegal gambling for operating a Texas Hold ‘Em poker business in their garage appealed their case, claiming that poker is not gambling, even when betting is involved.
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