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Abstract

A number of online poker sites state that poker is not illegal in California because California law no longer criminalizes the playing of poker. Some of that information is accurate, and the conclusion reached may be accurate, but not for the reasons stated. California has a complicated history with poker. Recent changes in how the state treats poker may have created the impression that playing poker is not illegal in California, but that is, at best, a qualified legal position. This article examines this question by looking at past and present approaches that California has used to control the game of poker. The article concludes that current California law does not apply to online internet poker sites when the game is hosted from a site outside California. However, playing poker in California, except for social games in private residences, is illegal unless the operator of the game is properly licensed by the California Gambling Control Commission.

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