I'd say, "might be" a felony to use these programs at the machines in Nevada. Since it's never been prosecuted, no one really knows how the courts will interpret and apply Nevada's spectacularly badly written statute. I don't recommend that anyone play with fire. Just please don't encourage the bastards by stating hard and fast conclusions.
A lot of other states have laws patterned after Nevada's, and I believe the situation is pretty similar there.
Actual Nevada Statute:
NRS 465.075 Use or possession of device, software or
hardware to obtain advantage at playing game prohibited.
It is unlawful for any person to use, possess with the
intent to use or assist another person in using or possessing with the intent
to use any computerized, electronic, electrical or mechanical device, or any
software or hardware, or any combination thereof, which is designed,
constructed, altered or programmed to obtain an advantage at playing any game
in a licensed gaming establishment or any game that is offered by a licensee or
affiliate, including, without limitation, a device that:
Projects the
outcome of the game;
Keeps track
of cards played or cards prepared for play in the game;
Analyzes the
probability of the occurrence of an event relating to the game; or
Analyzes the
strategy for playing or betting to be used in the game,
Except as may be made available as part of an approved game
or otherwise permitted by the Commission.
(Added to NRS by
1985, 970; A 2011, 216; 2013, 1317)
Like the law or not, the part that most directly speaks to
the use while playing video poker of most video poker software programs is:
NRS 465.075 Use or possession of device, software or
hardware to obtain advantage at playing game prohibited.
Of course this law was written before cell phones and I-pads
were commonly carried and used in casinos. Since devices are so ubiquitous today
for other purposes, it has become much more difficult for a casino to take even
take notice of someone using such software on a device such as this. Moreover,
I realize that no one has been able to come up with an example yet of someone actually
being prosecuted.
This, however, doesn’t mean that some overly-ambitious
casino manager might decide to save his casino $20,000 on a $5 royal or $25,000
on a 50 cent sequential royal by enforcing it.
Then not only won’t you get paid, but also every time you
are asked if you have ever been arrested you’ll have to answer yes and do a lot
of splainin’ even if you get off later – not to mention the legal bills and
time and hassle you will need to invest.
So you’ll have to ask yourself if it’s worth it when you can
practice on the software at home or in a hotel room and can bring a printed
strategy card with you (which is legal) and no matter how much you win you’ll
be on firm ground to collect and not have to worry about the cuffs being placed
on you and going to the slammer.
Of course, I know that people exist out there that would
relish this experience, but I’m not one of them.
I admit I’d never actually read the statute before. I routinely use my phone as my strategy card, but exclusively by looking at screenshots of my strategy. I have individual photo albums in my phone labeled “10/7 DB” and “NSUD” and so on. When playing those games I keep the photo album open so I can look at my screenshots of strategy when needed.
I’ve never been approached about doing it, and I do nothing to hide it.
By my reading of the statute this would not qualify as using software to gain an advantage. But I’m curious what others would think. I certainly don’t want to get stuck carrying 80+ cards of strategy with me everywhere.
On Aug 4, 2014, at 10:50 AM, “str…@…net [vpFREE]” <vpF…@…com> wrote:
Actual Nevada Statute:
NRS 465.075 Use or possession of device, software or
hardware to obtain advantage at playing game prohibited.
It is unlawful for any person to use, possess with the
intent to use or assist another person in using or possessing with the intent
to use any computerized, electronic, electrical or mechanical device, or any
software or hardware, or any combination thereof, which is designed,
constructed, altered or programmed to obtain an advantage at playing any game
in a licensed gaming establishment or any game that is offered by a licensee or
affiliate, including, without limitation, a device that:
- Projects the
outcome of the game;
- Keeps track
of cards played or cards prepared for play in the game;
- Analyzes the
probability of the occurrence of an event relating to the game; or
- Analyzes the
strategy for playing or betting to be used in the game,
Except as may be made available as part of an approved game
or otherwise permitted by the Commission.
(Added to NRS by
1985, 970; A 2011, 216; 2013, 1317
According to the expert gambling lawyer that is frequently on Bob’s radio show, this would be a felony in a Nevada casino if a casino wished to press charges since you are using an electronic device. He says he would not accept a case trying to defend someone for this since it is so clear cut illegal. He says the only solution is to put the strategy on paper.
Sent from my iPhone
On Aug 4, 2014, at 11:05 AM, “C clement…@…com [vpFREE]” <vpF…@…com> wrote:
I admit I’d never actually read the statute before. I routinely use my phone as my strategy card, but exclusively by looking at screenshots of my strategy. I have individual photo albums in my phone labeled “10/7 DB” and “NSUD” and so on.