Legal Question in Criminal Law in Maryland
I am starting a poker league that issues one prize package consisting of a trip to Las Vegas with an entry into a high stakes poker event. All league members will pay monthly dues with all of these monies being deposited into a non-interest bearing account to pay for the prize package. No money will be awarded to any player, however, we will be playing poker over the course of 10 months in order to determine who should receive the prize. 100% of all the money collected will be issued in the form of a prize package to one member of the league. The league member that is awarded the trip becomes a sponsored player and their winnnings from the high stakes poker event, if any, will be split among the league.
Would this fall under the category of 'illegal gambling' and could I be arrested or brought up on criminal charges?
1 Answer from Attorneys
Criminal Law Article Title 12 prohibits gaming. See, http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp;=
However, charities may have raffles. What you describe sounds like a raffle, and certainly there are bingo games around the state, which the statute prohibits too. Poker is not explicitly mentioned, but may be covered under catchall phrases like "or any other game." Arguably poker is more a game of strategy than chance.
Anyone may be accused (charged) of violating the law. Zealous law enforcement or a disgruntled participant may cause a complaint to be filed against you, and then you would have to make these arguments to defend yourself. Is anyone's guess what a judge or jury may do. Raffles by non-profit charitable organizations appear exempt.
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