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3/22/2022
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Georgia lore teaches us that the conservative Peach State has a general disdain for anything that involves real money wagering. Which is too bad, since Georgia is certainly populated enough to support a robust online poker community.

That being said, Georgia’s gambling stance has appeared to soften of late. In 2012, state lottery officials threw their support behind bringing the lottery online. [1] Governor Nathan Deal also approved of the move, and today, residents from the state can purchase their favorite lotto games from the convenience of their PC or mobile device. Now, that doesn’t necessary mean legislators are ready to jump off the cliff for other forms of Internet gambling, but it’s a decisive step in the right direction.

The best hope for poker players in Georgia is for a federal bill, forcing states to opt out if they do not want an online poker framework. That could give politicians a chance to decide whether they consider legal poker sites Georgia-friendly, with no pressure of having to deal with the pressure of having introduced a bill themselves. Georgia cracks our top 5 list for worst states for poker players. You won't find any legal real money alternative within the state; Georgia has no casinos, home game don't appear to be legal and when combined with the internet sweepstakes cafe crackdowns, we would guess that online poker isn't on the docket to be regulated.

Georgia has also toyed with the idea of launching a brick and mortar casino industry. However, in this regard Gov. Deal has offered strong opposition. But now that more and more states are embracing the casino model, it’s conceivable that Georgia officials will feel compelled to at least explore the industry’s financial merits.

Yet for all of the recent headlines involving the lotto and possible gaming expansion, Georgia’s gambling stance still more closely resembles that of its neighbor to the north (South Carolina), than the one of Florida, where gambling has become engrained into everyday culture.

Gambling is fully legal in the country of Georgia, not to be mistaken for the U.S. State of Georgia – which of course bears the same name. The Georgia we’re talking about here is a country in the Caucasus region of Eurasia, and countries in this region tend to take a less liberal view towards gambling, but that fact ends up helping the Georgian gambling industry, as up to 75% of the. Georgia Poker Laws. Georgia lore teaches us that the conservative Peach State has a general disdain for anything that involves real money wagering. Which is too bad, since Georgia is certainly populated enough to support a robust online poker community. That being said, Georgia’s gambling stance has appeared to soften of late. Online Poker Law. Estimated Date of Legalized Online Poker in Georgia: 2019-2020. There are two factors that influence whether or not a person can or should play poker online in Georgia; gambling device and transmission laws.

Poker

Can Players from Georgia Play Real-Money Online Poker?

Signing up for a real money poker site that accepts players from Georgia is a surprisingly easy process. Whether or not it’s legal to do so – now that’s a different issue altogether.

Suffice it to say that Georgia doesn’t abide by the same gambling laws as most European countries, where online poker is regulated and legal. Regulated poker offers certain advantages, such as fast, reliable payouts, enhanced security measures, and of course peace of mind. These advantages do not exist for Georgia players, who for the time being must either risk playing on an unregulated site, or not at all.

Is Online Poker Legal in Georgia?

Georgia’s gambling statutes are a relic of a time gone by. They contain no mention of Internet gambling, and likely have not been updated since before the dawn of the computer. Thus, it’s impossible to determine with certainly the current legal status of online poker.

The state’s defines what constitutes the offense of gambling in three broad strokes (Section 16-12-21):

(1) Makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest; (2) Makes a bet upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or (3) Plays and bets for money or other thing of value at any game played with cards, dice, or balls.

The last point is the most disconcerting, as it appears to apply directly to poker. However, in order to accurately grasp the severity of the law, we look at how the statutes define Bet.

Bet means an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value.

The definition goes on to list several exclusions, of which poker is not one.

Taken together, it certainly appears that playing poker is not legal. Unfortunately, there is no apparent carve out for social gambling either.

Those who commit the offense of gambling, which for all intents and purposes simply means gambling as a player, can be charged with a misdemeanor. The law does not specify what fines and/or mandatory jail sentencing is tied to the charge, leading us to believe that players get off relatively unscathed.

Operators, on the other hand, face charges for everything from conducting operations to advertising and owning gaming devices (of which the statutes list many).

The harshest penalty is reserved for those who commit the offense of commercial gambling, which carries a one to five year prison term and a fine not to exceed $20,000, or both.

For a more comprehensive look at Georgia Code, navigate to the “References” section. [2]

Georgia Gambling History

Believe it or not, prior to the 20th century gambling was a rich facet of Georgia’s culture. Residents gambled on everything from sporting events, card games such as poker, and races. Back then, it was common practice for underground gambling houses to pay off law officials for the right to accept real-money wagers.

The first gambling crackdown occurred in the 1930s. In the years prior, a well-known newspaper journalist Thomas Lee Bailey posted articles in the Cochran Journal advocating for the stricter enforcement of existing gambling laws. His influence resonated with the public, and by the advent of the Great Depression Georgia’s gambling scene began drying up.

For the next six decades, Georgia’s conservative ideals held strong, and gambling was virtually nowhere to be found. The first crack in the armor was the legalization of gambling cruise ships in the early-1990s. In order to wager on games such as poker, blackjack and craps, the law required that the ships travel at least three miles off the coastline, into international waters. Casino cruise ships, such as the Emerald Princes II Casino still operate to this very day. [3]

Then, in 1994 the Georgia State Lottery was formed, and has since grown into a multi-billion dollar industry and a reliable source of tax revenue.

Not a peep was heard on the gambling front for the next 18 years, when the lottery was brought online. That same year, a study was conducted by the Georgia Lottery Corporation weighing the pros and cons of a casino industry. It concluded that casinos could win as much as $1 billion by 2014.

Regulated Gambling Options in Georgia

Besides the lottery, the only form of gambling that is legal in Georgia is charitable gambling, and even that is subject to heavy restrictions. To elaborate, raffles and bingo are permissible, in so long as they’re held by a recognized institution.

Other recent headlines

The closest thing Georgia has had to a recent gambling headline came in 2012 when Republican voters responded somewhat favorably to the idea of building casinos to help fund education reform. [4] The modest victory was enough to encourage developer Dan O’Leary to continue his fight to build a slot terminal site in Norcross. However, Governor Deal took the opportunity to reassert his anti-casino stance. From his perspective, the victory was far too narrow to merit further consideration. Since, gaming expansion has not been actively discussed.

Also in 2012, Georgia officials passed a law designed to prevent Internet cafes from hosting electronic sweepstakes, on the basis that they promoted gambling.

The Future of Regulated Online Gambling in Georgia

Although Georgia is one of only a handful of states to venture into the online gaming realm, it’s difficult to see legislators taking the next step. Prior attempts to pass casino legislation have fallen flat, and with Gov. Deal winning his reelection bid in 2014, Georgia has resigned itself to four more years of gambling intolerance.

References

  1. Jump up ^Online Georgia Lottery sales start Sunday
  2. Jump up ^Code of Georgia – Free Public Access
  3. Jump up ^Emerald Princess Casino
  4. Jump up ^Developer’s hope renewed after gambling measure gets yes vote

The structure of online poker laws throughout the United States have altered immensely over the last few years. In 2006, the US government took a no-tolerance stance towards online gambling with passage of the UIGEA. In April of 2011, the Department of Justice re-affirmed its assertion that the Wire Act of 1961 outlawed online poker and other gambling related activities throughout the US with numerous indictments that have become known universally as the Black Friday of Online Poker.

Then out of nowhere, in December of that same year, the DOJ reversed its position and declared that all states should have the right to choose whether to legalize and regulate online gambling activities within their borders. Unfortunately for residents of Georgia, online poker doesn’t look to be something state legislators are interested in permitting.

Legality of Online Poker Georgia

Let me start by saying that Georgia’s gambling laws are so antiquated that there is nothing within their literature that specifically bans online poker games. However, as with many US states, the verbiage is ambiguous enough as to imply, via the definitions of “bet” and “gambling device”, that online poker may be just as illegal as just about any other form of wagering in the state. In the same token, those laws are pointed more towards operators, not players.

With that in mind, there are several online poker sites which continue to accept players from the Empire State of the South. Since allusive Georgia online poker laws aren’t enough to scare off dozens of online operators, you can rest assured there are plenty of inhabitants who continue to play card games over the internet. Consdering such, it should be noted that there are known reports of anyone in the state of Georgia being arrested and charged with illegal gambling over the internet. As for whether it’s truly a crime, or even punishable by Georgia Code, it would take a law professor to make that determination.

What we do know for certain is that most all forms of gambling are strictly prohibited in the state of Georgia. There are no casinos, no horse or greyhound racing tracks, no card rooms. The only thing gambling enthusiasts in Georgia have to look forward to is a pair of casino cruise ships, which are only permitted to offer gambling while traversing the bay. Permissible forms of gambling on Georgia soil are limited to the state lottery and charitable raffles.

We will examine the state laws in regards to gambling to reveal those that might pertain to the legalities of online poker in Georgia. We will also discuss the possibility of future regulation in the state.

Georgia Code – Gambling and Related Offenses

The following text is taken directly from the 2010 Georgia Code; Title 16, Crimes and Offenses; Chapter 12, Offenses Against Public Health and Morals; Article 20, Gambling Definitions (Georgia Code 16-12-20). Note that some text was omitted for fluency and/or lack of application.

Bet: means an agreement that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value. A bet does not mean:

(b) An offer of a prize, award, or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in such contest.

Gambling Device: means:

(a) Any contrivance which for a consideration affords the player an opportunity to obtain money or other thing of value, the award of which is determined by chance even though accompanied by some skill, whether or not the prize is automatically paid by contrivance;

Is Online Poker For Money Legal In Georgia

(b) Any slot machine or any simulation or variation thereof;

(c) Any matchup or lineup game machine or device… in which two or more numerals, symbols, letters, or icons align in a winning combination on one or more lines vertically, horizontally, diagonally, or otherwise, without assistance by the player. Use of skill stops shall not be considered assistance by the player; or

(d) Any video game machine or device, operated for any consideration, for the play of poker, blackjack, any other card game, or keno or any simulation or variation of any of the foregoing, including, but not limited to, any game in which numerals, numbers, or any pictures, representations, or symbols are used as an equivalent or substitute for cards in the conduct of such game.

Any item described in subparagraph (B), (C), or (D) of this paragraph shall be a prohibited gambling device subject to and prohibited by this part, notwithstanding any inference to the contrary in any other law of this state.

A person commits the offense of gambling when he:

(1) Makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest;

(2) Makes a bet upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or

Money

(3) Plays and bets for money or other thing of value at any game played with cards, dice, or balls.

A person who commits the offense of gambling shall be guilty of a misdemeanor.

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

Although the term internet, world wide web, cyberspace or any other synonym for playing poker ‘online’ is never specifically stated, the definition of a gambling device” as being a “contrivance” obscurely outlaws the use of a computer to play poker for real money. Although “a bona fide contest for the determination of skill” is permitted, that refers to competitors or owners of competitors winning a prize for being skilled, not wagering on such an event. The fact that bets “determined by chance even though accompanied by some skill” are outlawed could easily be construed as grounds for prohibiting online poker.

Is Georgia working to regulate online poker?

Sadly, Georgia is probably the lowest rung on the ladder of states in regards to a desire to legalize online poker. The state’s current stance to prohibit most forms of gambling is enough to tell us that law makers are not seeking to reverse their opinion in regards to online poker activities. Chances are, the only thing that might possibly encourage Georgia legislators to even examine the advantages of a legalized internet poker market would be federal regulation of online poker, and that isn’t going to happen until 2014 at the earliest. Even then, it’s a stretch.

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