Virginia Poker

This petition is intended to solicit the Commonwealth of Virginias Legislature to re-word the current gambling statutes to better define the term poker, and exclude non-raked poker games from the statutes.

Specifically at task are the following two sections of the statute: 18.2 333 and 18.2 334.

18.2 333 currently reads: Exceptions to article; certain sporting events.- Nothing in this article shall be construed to prevent any contest of speed or skill between men, animals, fowl or vehicles, where participants may receive prizes or different percentages of a purse, stake or premium dependent upon whether they win or lose or dependent upon their position or score at the end of such contest.

In this section, we would be asking for the following wording to be added after the word skill: to include poker tournaments/poker games.


Several states currently consider poker as a game of skill, not chance. There is obviously a degree of luck and chance involved in any card game, but there is an overwhelming amount of skill needed to consistently play winning poker. If the argument is made it comes down to the chance of what cards you get because of the random deal, then the same argument should apply to bridge, which is considered a game of skill.

The prize pool from the entry fees should be considered the purse. This purse is given out in percentages based on where you finish in the tournament.

Poker could easily be defined as a sport. It is not physically demanding the way football or basketball are, but none the less it does take some physical stamina to sit at a card table for five or six hours to outlast your opponents. Also, poker is very mentally demanding. Furthermore, as much as poker is covered by ESPN, it would be reasonable to believe it is indeed a sport.

Again, these would all be based on friendly games in which there is no house rake or profit. 18.2 328 would still cover the illegal poker games where the house is making a profit.

18.2 334 currently reads: Exception to article; private residences. Nothing in this article shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator as defined in 18.2 325.

In this section we would be asking for the definition of private residence to include the use of a private community clubhouse, where homeowners fees are used for the upkeep of such clubhouse. Basically, an extension of ones private residence.


In conclusion, we would ask for the current gambling statutes to be clarified and modernized to include poker within their definitions. We would further ask that poker be defined as a game of skill, and that a private community clubhouse be defined as an extension of ones private residence.

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