Online Gambling – Five Legal Factors to Take Into Account. By Sarah H At Isnare.com Ezine Articles

Online Gambling – Legality in the US: What to Look for in your State Law.

If you are seeking information on online gambling legality in the US, then you should pay a visit to ‘GamblingLawUS.com’. This website is quite detailed and might be able to answer your questions. a couple points which were highlighted that I particularly liked about this particular website was that, they are open to criticism and correction, the information is laid out in such a way that anyone would be able use it and they strongly advise you to seek the advice for a local attorney in your state even though you have accessed their information. This article is focused on explaining the five topics which are covered on a state by state basis.

The first topic on the list in online gambling legality in the US is ‘dominant factor test applied.’ This deals with the aspect of whether the game is based on ‘chance’ or ‘skill.’ If the game is based on ‘chance’ then it is in violation with most states anti-gambling statute. Therefore, the majority of online casinos highlight the factors of their games which enforce the point that ‘skill’ is required to play as opposed to ‘chance’. However, this would only be considered if the state applies this specific test. The second topic I’d like to cover is that ‘social’ gambling is allowed in some states. What is considered ‘social’ gambling you may ask? This is when no player or other person for instance a host or bookie, is able to earn anything more than a normal player in the game. Again you have to determine if playing for money in a social context is allowed in your state.

The next thing to think about is the penalty breaking a gambling law could incur. Let’s look at the difference between a ‘misdemeanor vs. felony.’ Firstly you have to keep in mind what may be classified as a ‘misdemeanor vs. felony’ would vary in each state. A couple states distinguish based on the place of possible incarceration, for instance, in one state you could be sentenced to a city or county jail whereas in others you could be sentenced to a state penitentiary. However the majority of the states base their distinction on the length of the sentence, for instance, you might get one year or less for a misdemeanor, and a longer sentencing for a felony should you break a gambling law that falls into either category. Next we’ll focus on the difference between charges - that is ‘simple’ versus an ‘aggravated’ charge. When distinguishing ‘simple’ and aggravated’ gambling it is also based on whichever state you reside in. This phrase ‘simple vs. aggravated’ gambling is more commonly expressed as ‘recreational gambling versus professional gambling.’ One may only face consequences of these laws when the individual has a second or third violation of a given criminal prohibition or one may face the full consequences after the first infraction depending on how strictly gambling laws are enforced in that particular state.

The fifth on the list in online gambling legal issues in the US is ‘express internet prohibition.’ This simply means if a state has adopted a particular law which prohibits the offering and playing of gambling games offered over the internet. Keep in mind though that even though the state did not pass any laws which bans the offering and playing of online games, it does not mean that it is legal to gamble there. This particular section is quite complicated. In closing you should really take a look at this website as well as others which provide similar information, because if you do desire to gamble online then you should go about it the safe and legal way.

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