Is Online Poker Legal In New York State Average ratng: 4,2/5 751 reviews
  1. Is Online Poker Legal In New York State
  2. Is Online Gambling Legal In New York State
  3. Is Online Poker Legal In New York State Usa
  4. Legal Online Poker In New York State
  5. Is Online Poker Legal In New York State Today
  6. Is Online Poker Legal In New York State 2017

New York online poker has been a topic of discussion that is gaining momentum as state officials consider the possibility of legalizing state-sponsored New York online gambling within the state of New York. So far poker seems to have the most potential in reaching legal status with a potential online gambling offering in the state. This page was created to provide NY residents and visitors with insight into the state’s legal poker options. We will discuss both New York online poker and the land based options that are available. We will provide information on the legality of this venue as well as how to locate safe, reliable, and legitimately licensed online poker destinations that welcome New York players. It is our hope that every one of our visitors walks away from this guide more informed and knowledgeable than they arrived.

Is New York Online Poker Legal?

At the time of this writing it is currently illegal to own and/or operate any type of online gambling site within the state of New York. This includes online poker. What New York poker players may not realize is that there are multiple legally licensed Internet poker sites which are licensed, regulated and located overseas. Online poker in New York is still awaiting legalization. Although there have been some positive movements in the Senate in 2016, it seems that interest in the Assembly is quite lacking. New York is one of the most interesting potential states for legalized online gambling simply because of the size and influence it holds.

At the time of this writing it is currently illegal to own and/or operate any type of online gambling site within the state of New York. This includes online poker. What New York poker players may not realize is that there are multiple legally licensed Internet poker sites which are licensed, regulated and located overseas. A handful of the legitimate offshore poker sites accept players from the United States, including those from New York. There are no state or USA gambling laws which prohibit NY players from participating in legally licensed and certified gambling websites which are located outside of the US. So while state sponsored NY online poker is non-existing at this point, there are legally sanctioned alternatives that New York players have access to. We will go into greater detail concerning these options a little further down on the page. You can get more detailed information concerning the gambling laws in the Big Apple by visiting our page on NY online gambling laws.

Our Recommended Online Poker Sites For New York Players

Below you will see the results of our careful review process. The selection of online poker brands that you see represented each exceeded our minimum requirements for inclusion in this guide and have been verified to provide players with a safe and enjoyable online poker opportunity that is both legal and legitimate. Their bonus offers have been included in the table for your convenience, as well as direct one click access to ensure that you arrive at your poker destination securely. We have confirmed that each of them is legally licensed and certified, and that their level of security ensures the protection of your sensitive financial data at all times. Each brand offers a free play option that allows you to try out the user interface and gaming performance prior to placing any real money wagers. This is a great way to make sure you like the poker site that you are at before investing, and also a great way to learn a new game that you never played before, improve your skills at a game you have played, or try out a new playing strategy to see how works, all without spending a dime.

Site NameBonusRatingTypeUSAVisit Site
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Other New York Gambling Pages

Where Can I Find Legitimate New York Online Poker Options?

We hope that every player considering participating in an online poker platform will contemplate this question very seriously. Performing your due diligence before selecting an Internet gambling site at which to play cards at will determine the type of destination you end up at and the type of experience you have. Randomly selecting a web-based gambling opportunity from the results in a Google search is a very unwise approach to this. However, relying on the input of industry professionals who have carefully reviewed the many card playing opportunities in operation on the Internet significantly reduces if not eliminates the risk of landing at an undesirable, questionable, or simply low quality poker room.

This guide was created by a team of online gambling professionals who have extensive experience in the poker venue. They placed the many poker brands in operation through a very intensive review process which resulted in the list you see below of legitimate online poker sites. Each brand has been verified to be legally operating within the industry and to hold compliance certifications issued by respected governing jurisdictions. They all utilize industry-leading security technology and protocols and operate using the most reliable and secure software solutions. Their banking suites are secure and efficient, processing transactions timely for both deposits and withdrawals.

Their customer support staff has proven to be responsive and knowledgeable, effectively addressing and resolving player issues. Their bonus offers and promotions are legitimate and the wagering requirements associated with each offer are reasonable. Their game menu, number of cash games per 24-hour cycle, and tournament schedule all exceeded our minimum requirements for inclusion in this guide. There are many more elements which required investigation however these are the most critical components reviewed which determine a brand’s legitimacy and quality. Once each of these items has been verified and meets our standards, the gaming site in question is then approved for further review and possible inclusion in our guide.

As you can see this is not a fast or flipped process and it requires a great deal of industry knowledge, time, and effort. Of course it’s not all work. Testing their software, game selection and tournament activity are among the more fun parts of the review process for our team. As seasoned players ourselves, we want to see a feature-rich interface and lots of cool and helpful player tools. We are not easily impressed in our minimum requirements are not easily met. If a brand is included here, it is because it is exceptional. This same review process applies to all of the NY gambling platforms, including NY online casinos and sports betting.

What Games Are Available At NY Online Poker Sites?

Most online poker rooms offer a larger selection of US friendly online poker games than brick and mortar poker establishments are able to. Players are also able to play many more hands of poker in online games than they are in the traditional live poker environments. The most commonly found games at these sites include Omaha, Stud Poker,Texas Holdem and HORSE.

Can I Play Online Poker From My Mobile Phone in New York?

Despite being the nanny state, New York has made no moves to prohibit its residents and visitors from playing online poker from their smartphones and tablets. The online poker sites listed on this page offer a well designed, user friendly mobile poker application that accommodates the most popular operating systems and devices. You will find browser based, mobile optimized poker apps that do not require any type of download, and you will also find that some sites offer a downloadable mobile poker app designed especially for a specific operating system. The web based poker apps can be used by Android, iOS, Windows and Blackberry users thanks to the utilization of responsive technology. The downloadable apps will specify a designated operating system that it supports.

Is Legal, State Regulated Online Poker A Possibility In NY?

We are anticipating that this year’s legislative session agenda includes discussions concerning online gambling within the state. Thus far poker has received the most interest for potential state-sponsored online gambling and seems to be the most likely venue to be considered by the state. We believe that state-based New York online poker is a possibility, though it may take some time before it’s actually in place. With discussions just beginning on the official level, it could be a minimum of a year or two before legislation is brought forward, approved, and voted on to legalize this type of gaming entertainment. We will be closely watching the situation to see what transpires and how much of a reality this possibility actually is. We are hopeful that legalizing online card games will be just the beginning for the state of New York’s online gambling industry.

Physical Poker Rooms in New York

Home» US Poker Laws » State Laws » New York Poker Laws

Relevant state code: PEN§225.00 et seq.; 47A:101 et seq.; RW&B 47A§518

New York is now guaranteed a prominent spot - albeit a somewhat infamous one - in the history of online gambling thanks to the state's role in online poker's Black Friday. We'll talk more about that role later on; for now, let's turn to discussing the fairly strict approach New York takes with regards to unregulated or illegal gambling. That discussion starts with New York's statutory definition of gambling:

Section 225.00(2)
A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.

… and continues with the statutory definition of 'contest of chance' under New York law:

Section 30-19.1(B)
'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.

New York law, then, would seem to employ the same 'Material Degree' test used by states such as Missouri or Hawaii to determine whether a given game is a game of chance. However, gambling law expert Joseph Kelly believes that New York law actually relies on the Dominant Factor Test to define an act as gambling, arguing that the statutory language reflects a long-forgotten oversight rather than legislative intent. Either way, if gambling is not explicitly authorized by law in New York, it is considered illegal by default.

Let's talk about penalties. Players are in good shape in New York; there are no direct charges associated with participating in illegal gambling as a mere player. Operators, however, face a broad arsenal of criminal charges, including promoting gambling (misdemeanor to felony depending on the size of the activity) and associated racketeering and tax violations.

There were 8 felony charges related to gambling in New York during 2011. We were unable to locate reporting for misdemeanor charges related to gambling in the state, but a handful of recent news stories such as this one suggest that - at least in some regions of the state - authorities are actively investigating illegal gambling operations.

What Forms of Gambling Does New York Allow Legally?

There is a state lottery in New York, horse racing tracks that allow pari-mutuel wagering (online wagering also accepted) and a variety of tribal gambling options such as Turning Stone that offer a gambling lineup relatively similar to a Vegas casino. For complete details regarding tribal gambling in New York, refer to this FAQ from the New York State Racing and Wagering Board.

Social gambling does enjoy an express exemption from New York gambling law. Remember, players are not subject to any charge under New York law. The statutory definition of 'player' further exempts those who operate a game purely for social purposes:

Sec 225.00(3)
A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein.
The law makes no mention of stakes in the definition of player, so it would appear that a social game of poker played for any stakes is legal under New York law for both the players and the host.

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As for charitable gambling, it's available in multiple forms: Bingo, raffles, casino nights and bell jars. All charitable gambling is overseen by the New York State Racing and Wagering Board, which hosts complete details on the rules and regulations governing charitable gambling at their website.

Can I Play Poker for Real Money Legally in New York?

In a licensed tribal facility, yes.

Poker

The social gambling exception provided in New York state law would seem to permit private games of any stakes, as long as no one profits from operating the game.

Poker is not a form of charitable gambling allowed by New York law, so there's no such thing as a legal charity poker game in New York.

With all of that said, it's important to remember that there is essentially no criminal liability for players under New York law. That means while a given game itself might be illegal, participation in the game doesn't carry any threat of charge. Put simply: There appears to be no criminal risk for poker players in new York, regardless of how they choose to play poker.

Are Online Casinos and Poker Sites Legal in New York?

While New York law does not specifically address the act of online gambling, recent events have made it clear that officials believe that existing New York statutes extend cleanly to gambling conducted over the Internet. We're referring, of course, to the so-called Black Friday indictments that were largely predicated on a violation of New York state gambling law.

That being the case, individual poker players and gamblers do not appear to have anything to fear should they decide to place a bet or play a hand or two of poker online, as New York law simply does not provide any clear charges or penalties for those who act solely as participants in illegal gambling activity.

Legal

New York Gambling Laws: Fun Facts
While Las Vegas features a prominent New York-themed casino - MGM's New York , New York - the commercial casino housed behind the skyline replica would not be legal in the city it mimics. Commercial gambling is currently illegal under the New York constitution.

The US Postal Service once mistakenly used a photo of the Statue of Liberty replica outside the New York, New York Casino as the image for a stamp meant to feature the actual landmark. 3 billion stamps were printed before the mistake was caught.

New York: Online Gambling News & Developments

Poker

While not directly related to online gambling, Governor Cuomo's recent push to amend the state constitution to allow commercial gambling would likely be a necessary precursor for online gambling regulation.

New York, along with Illinois, was the catalyst for the recent DOJ position switch on the Wire Act. The two states requested legal clarification on the applicability of the Wire Act to selling lottery tickets online, a request that resulted in the official change of position by the DOJ in late 2011.

What are the Chances That New York Regulates Online Poker?

Given New York's request to the DOJ for legal clarification regarding online lottery sales, it's clear that there's at least some interest in regulating online gambling in Albany. How much interest, and what exact form regulations would take, are separate questions.

Regulation seems fairly likely when you consider the following factors: Governor Cuomo appears to have zero qualms about expanding gambling and has shown the political ability to successfully shepherd controversial bills through the legislature. With a population of roughly 8 million, New York would seem a fair candidate for supporting an intrastate online poker room. Finally, regional competition could spur New York to action sooner than other states; neighbor Delaware recently passed online gambling regulation, and New Jersey is apparently on the cusp of passing similar legislation.

Dampening the potential to some degree: A lack of legislative history with the issue and the absence of any apparent industry advocate with a presence in the state. Tribal interests could also prove to be a formidable roadblock depending on how regulation is structured.

Is Online Poker Legal In New York State

All in all, we would evaluate New York's chances of regulating online poker to be far better than the chances of a typical US state.