Is Online Poker Legal In Utah
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Utah Online Poker & Gambling Laws. Utah is one of the few states that made a decision about online gambling early on. The state has already stated that they will opt out of any federal mandate to regulate online poker. So, where does this leave poker players in Utah? Well, they are actually about in the same boat as the rest of the states.
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- Aside from a few states (see below), it appears to be perfectly legal to play online poker for real money in the US. Thousands of American players play online poker for real money every week. No players have ever been arrested. If online poker is was illegal, the online poker rooms would not be accepting US players.
Relevant State Code: 76-10-1101 et seq.; 4-38-1 et seq.
Gamblers headed in the direction of Utah will want to choose a different route. Utah takes what can be considered the strictest approach of any state to gambling of all types, and boasts possibly the broadest definition of gambling found anywhere in the US:
Section 76-10-1101(2)(a)
'Gambling' means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome:
(i) is based upon an element of chance; and (ii) is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.
Since there are not any regulated forms of gambling in the state, things are very simple when it comes to Utah law on gambling: None of it is allowed anywhere.
Penalties are especially harsh for players and operators in Utah. Players are initially looking at a class C misdemeanor (click here for jail time and fines) for gambling, but will face a class A misdemeanor for the second offense. Gambling fraud (cheating) is considered a theft offense. Those who profit from illegal gambling are looking at a range of misdemeanor and felony charges.
Despite the hyper-strict gambling laws on Utah's books, the state reported only 3 gambling - related arrests in 2010. This number seems at odds with recent news reports regarding gambling busts in Utah (see here and here); either enforcement of anti-gambling laws has recently become more of a priority for Utah law enforcement or the statistics provided by the state are incomplete.
Legal Gambling Options in Utah
Utah is one of two states - the other being Hawaii - that has no regulated forms of gambling.
When we say no, we mean none. There is no exception for social gambling, no exception for charitable gambling, no commercial gambling, no state-sponsored gambling - nothing.
Is Online Poker Legal In Utah Right Now
Utah Law Regarding Real Money Poker
As poker is pretty clearly based on (at least) 'an element of chance,' wagering on poker is almost certainly illegal in Utah. Since the state has no commercial or tribal gambling and permits no charitable or social poker games, it does not seem possible to play poker for real money legally in Utah.
Playing online poker for money is explicitly illegal in Utah as of July 1st, 2012 (more on that in the following section).
Legal Poker Sites in Utah
Utah is the only state we're aware of that has passed a law that specifically forbids the state from participating in any federal online poker regulatory scheme. That law, passed in early 2012 under the title Internet Gambling, also amends the charge of 'gambling' in Utah law to include 'any Internet or online gambling' and creates a new charge (Section 76-10-1102(3)) for providing online gambling to anyone in the state.
The law went into effect on July 1st, 2012. You can view the complete history and full text of the law here.
Will Utah Take Part in Regulating and Legalizing Online Poker?
Utah is absolutely the least likely state in the US to regulate online poker sites. Expect the state to be a vocal opponent of any related action at the federal level, and to continue their prohibition on all forms of gambling for the foreseeable future.
The state legislature of Utah has outlawed all forms of gambling in Utah. When I state that Utah has no gambling, I mean they literally have no legalized gambling of any kind.
That doesn't mean Utah outlaws online gaming and live casino gambling, but has a state-run official lottery. That doesn't mean Utah outlaws slot machines and video poker machines, but allows horse races or parimutuel betting because it's somehow more respectable. It doesn't mean that sports betting is illegal, but charitable gaming for nonprofits is allowed, because it might help out the needy. Utah makes all forms of gambling 100% illegal--with no qualifications and no questions asked.
Legal Real-Money Poker in Utah
There are some states, such as Texas, that are fairly strict when it comes to gambling and poker. Then there are other states, such as South Carolina, that are very strict when it comes to the ways to legally play poker.
And then there's Utah.
Is Online Poker Legal In Utah Now
It should be already clear that Utah has one of the least forgiving attitudes toward gambling. So it should be little surprise that the state's definition of gambling seems to very obviously encompass poker. Per Section 76-10-1101, state law requires nothing more than an 'element' of luck or chance to be present for an activity to meet the definition of gambling, and poker certainly has at least that minimum amount of 'some' chance.
Readers who have perused our other state guides, such as California, know that the typical approach of American states is to outlaw all gambling and then selectively permit certain forms (like commercial casinos or lotteries) by law. Utah law does the former, but not the latter.
And with no regulated or legal ways to gamble in Utah, poker players are left empty-handed. No live poker rooms, no ways to play charitable-based poker and no exception for social games of poker. In Utah, if the game involves real money and some luck, it's basically illegal - no exceptions.
Is Online Poker Legal In Utah State
Why Does Utah Have No Gambling?
For the people of Utah, their anti-gambling laws are affected by their deep religious beliefs. Sixty percent of the people living in Utah in 2012 are members of the Church of Latter Day Saints, better known as Mormons. The Mormon religion avoids a number of activities that most Americans find standard and normal. Mormons treat their body like a temple and try to avoid anything which might harm that body, such as coffee and tea. It goes without saying that beer, alcohol, drugs, and tobacco are also discouraged. Mormons cite Daniel 1:8 as an admonition to avoid defiling ones body with food and drink.
Latter Day Saints also take a dim view of playing cards. In fact, talk to a Latter Day Saint or former LDS and they'll probably tell you that most any form of card playing was not allowed in their homes. Even games where you don't gamble money are considered time wasters which could act as gateway games to a gambling lifestyle. If people can't play poker, spades, or rummy at their dinner tables, you can imagine what a state with a Mormon majority is going to think about casinos, parimutuel race tracks, off-track betting, lotto games, or even charitable bingo halls. The LDS lifestyle doesn't allow games of chance. Utah isn't likely to allow them anytime soon.
Learn About Other State Laws
You have to give the people from Utah credit for having no hypocrisy in their gambling laws. It's always struck me as a little disingenuous to state gambling is immoral in banning certain types of gaming, but allowing others because they are considered 'beneficial' or 'socially acceptable'. Whether an education lottery or a charitable bingo hall raises funds for the needy, these games still encourage other people to gamble on games of chance. If you think betting on probability is bad, no form of gambling should be acceptable. So give Utah's stance on legalized gambling points for being consistent, at least.
Enforcing and Prosecuting Utah Gambling Laws
The state agency given the duty of enforcing Utah anti-gambling laws is the Utah Police Corps. Local and county law enforcement personnel would said the Utah Police Corps in spotting gambling activities and enforcing these laws. If a gambling case went to court, the Utah Department of Justice would handle prosecution for breaking Utah's gambling laws.
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