Real Money Poker Online Oregon

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Oregon is a poker friendly State, at least when it comes to live poker games. They have more than 20 live card rooms, both at Tribal Casinos and unique ‘members clubs’ which run by not profiting directly from the games. Home games and charity casino nights are also permitted. Oregon is one of only a handful of States to have directly outlawed internet gambling games including poker.

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This article gives you a complete run-through of the types of poker game you can and can’t play in the State of Oregon. First of all the live casino card rooms are looked at, including the unique members clubs here. After that social poker is covered, including home and charity games. Next up online poker is the focus, including information on what the ban means at a practical level. At the end of the page, you’ll find quotes and analysis of the OR statutes – along with a high level summary of the current and future situation.

Live Poker Game Options In Oregon

There are few States with as many poker rooms as Oregon. The usual casino card rooms run at tribal venues around the State, many offering mid-sized rooms in luxury surroundings. Other rooms take advantage of a quirk in the law which makes profiting directly from the games the criminal offense. This means that charging an entry fee to the venue, or profiting from selling food and drink while returning the money bet to players is not illegal here. This means that members club type card rooms are very common – and offer some great games for Oregon residents.

There are even more options in neighboring States, including the popular card rooms of Washington and California to the north and south respectively.

Are Home Games Legal In Oregon?

You can enjoy a home-game in Oregon under the same carve-out from the law which enables the members club card rooms to run. Nobody can make a profit from the game itself – either via rake from the pots or tournament entry fees. Charity poker nights can also be held here, the prizes for these events are often donated by sponsors rather than being taken from the buy-ins. Bar poker leagues are massive in OR. Again it is the same law which the members clubs and home-games stay legal with – as long as there is no profit from the game, then you can run legally.

Oregon Online Poker Games

Despite their open attitude when it comes to live poker games, Oregon is one of the few States to explicitly ban gambling and poker over the internet. This law is aimed squarely at the operators of online poker games, and it is not clear at all whether it would even apply to an individual wishing to play poker online. Even with this ban in place, there is no reason that the OR government should not look into regulated online poker games at some point in the future. The tipping point for this will probably be once steady revenue has been proven in several other States.

Some offshore poker site operators continue to offer their games to Oregonians – even with the State law banning them. These sites argue that freedom of trade laws mean that they can accept US traffic to their tax havens in the Caribbean. Thousands of Americans enjoy these games every single day. If you choose to play from OR then I recommend you become familiar with the specific laws and make an informed decision on the risks involved.

What Do The Oregon Gambling Statutes Say?

The law books in Oregon are very strict in their definitions of illegal gambling activity as well as in the penalties incurred for transgressing them. There are twin definitions designed to catch all types of gambling in a blanket ban. This ban is then used as a basis for the individual carve-outs. Interestingly this is one of only 4 States which was grandfathered out of a country-wide ban on pro-sports betting.

Arguing the poker is a skill game would not work here for two reasons. First the element of skill is included in the definitions of illegal betting. Second poker is named in a list of illegal gambling games.

Here is the contest of chance definition, from section 167, 116:

“Contest of chance” means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein…

Oregon Poker – Summing It Up

This State are poker friendly when it comes to live games, but decidedly unfriendly when it comes to residents wanting to play poker over the internet. With tribal casinos and members-club card rooms offering plenty of action, plus social poker widely available too – this is one of the best States to live in from a poker fans perspective.

Oregon does have an existing ban on internet poker games. Should regulated poker prove a success elsewhere, there is no reason to think that this State would not join them at some point down the line.

Gambling is a major pastime in the Beaver State. There are dozens of tribal casino establishments, poker rooms, horse racing tracks and even a greyhound park dotting the map of Oregon. Gambling is big business, and that has left many online poker enthusiasts wondering just where the state’s law makers stand on the issue of online poker.

Legality of Online Poker in Oregon

Oregon is one of just a handful of states where online poker laws have been explicitly enacted. Unfortunately for players, Oregon has not taken a positive stance on the activity. Where Nevada, Delaware and New Jersey have chosen to legalize and regulate online poker, Oregon chose to amend its revised statutes with specific verbiage that embraces online poker as unlawful internet gambling.

The next section offers a glance at Oregon’s online poker laws. We are not exactly qualified to give legal advice and you are more than welcome to contact a licensed attorney in your area to explain the literature of the state’s internet gambling laws, but if you take a moment to read the following excerpts, it’s pretty clear that online poker is illegal in the Beaver State.

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Oregon Revised Statutes – Gambling

The following is a list of quoted text from the Oregon Revises Statutes pertaining to the legality of online poker. Some text has been condensed to maintain relativity, but the meaning has not been affected.

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§ 167.109 Internet gambling

(1) A person engaged in an Internet gambling business may not knowingly accept, in connection with the participation of another person in unlawful gambling using the Internet:

(a) Credit, or the proceeds of credit, extended to or on behalf of such other person, including credit extended through the use of a credit card;

(b) An electronic funds transfer or funds transmitted by or through a money transmission business, or the proceeds of an electronic funds transfer or money transmission service, from or on behalf of the other person;

(c) Any check, draft or similar instrument that is drawn by or on behalf of the other person and is drawn on or payable at or through any financial institution; or

(d) The proceeds of any other form of financial transaction that involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person.

(2) Violation of subsection (1) of this section is a Class C felony. [2001 c.502 §2]

§ 167.117 Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530

Contest of Chance: means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein

Gambling: means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome.

Internet: means an interactive computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to a World Wide Web page, newsgroup, message board, mailing list or chat area on any interactive computer service or system or other online service.

Player: means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity…

Unlawful: means not specifically authorized by law

§ 167.122 Unlawful gambling in the second degree

(1) A person commits the crime of unlawful gambling in the second degree if the person knowingly:

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(a) Places a bet with a bookmaker; or

(b) Participates or engages in unlawful gambling as a player.

(2) Unlawful gambling in the second degree is a Class A misdemeanor.

§ 161.635 Fines for misdemeanors

(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) $6,250 for a Class A misdemeanor.

(b) $2,500 for a Class B misdemeanor.

(c) $1,250 for a Class C misdemeanor.

(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

(3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendants gain from the commission of the offense. In that event, ORS 161.625 (Fines for felonies) (4) and (5) apply.

§ 30.740 Right of gambling loser to recover double losses

All persons losing money or anything of value at or on any unlawful game described in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530), 167.122 (Unlawful gambling in the second degree) and 167.127 (Unlawful gambling in the first degree) shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing of value won, twice the amount of the money or double the value of the thing so lost

What does it all mean? Is online poker illegal in Oregon?

It’s quite clear that Oregon has chosen to explicitly outlaw online poker and other forms of internet gambling. While sub-section 167.109 aims to thwart operators and financial businesses from permitting Oregon players from making deposits, it also mentions that players are committing ‘unlawful gambling’ by participating (“…in connection with the participation of another person in unlawful gambling”). The term gambling includes all forms of wagering on a contest of chance (whether skill is involved or not) and the term unlawful refers to anything not expressly legalized by the state.

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The penalty for engaging in online poker as a player is a Class A misdemeanor, subject to a fine not to exceed $6,250. However, on an interesting note, according to sub-section 30.740, a player who loses money by engaging in unlawful gambling has the right to sue the winner for up to 2x the amount of money lost, or 2x the value of anything other than money lost. I guess it doesn’t pay to be a god online poker player in Oregon.

Is Oregon working to regulate online poker?

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After having gone to the trouble to explicitly outlaw internet gambling, it wouldn’t make sense for legislators to spearhead a movement to legalize and regulate online poker in Oregon. However, the state has been on a regulatory rampage lately and could just as easily decide that online poker would be beneficial to the state’s tax coffers. For the moment, it’s a waiting game, but as more states consider legalization and the US government moves closer to regulating online poker on a federal level, the chances Oregon will permit online poker could increase significantly.