Legal Question in Entertainment Law in Indiana

Re: gambling

In Indiana, you may NOT legally play poker for money in your own home. Currently, poker for money is considered gambling.

"Gambling " means risking money or other property for gain, contingent in whole or in part upon lot, chance, or the operation of a gambling device; but it does not include participating in:

(1) bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries; or

(2) bona fide business transactions that are valid under the law of contracts.

Since poker for money is considered gambling, Indiana considers willful poker to be unlawful gambling.

IC 35-45-5-2 Sec. 2 Unlawful gambling

(a) A person who knowingly or intentionally engages in gambling commits unlawful gambling.

(b) Except as provided in subsection (c) [Internet gambling], unlawful gambling is a Class B misdemeanor.

Know that recent caselaw suggests that poker may soon be considered a contest of skill, and thus outside the purview of gambling legislation.

Hope this helps.