Alaska Statewide Rule
Alaska Shields Home Poker as a Social Game
Key Facts
- Defense statute
- AS 11.66.200(b)
- "Social game" defined
- AS 11.66.280(10)
- Gambling fine, 2nd+ offense
- up to $1,000
- House cut allowed
- None: voids the defense
- Free hosting
- Keeps host's "player" status
- Promoting gambling, 1st degree
- Class C felony, AS 11.66.210
- Enterprise threshold
- 5+ people, 30+ days, or $2,000/day
Summary
Alaska treats unauthorized gambling as a violation, but AS 11.66.200(b) hands anyone charged an affirmative defense if they were "a player in a social game." AS 11.66.280(10) defines that game as gambling in a home with no house player, house bank, house odds, or house income. A private, no-rake poker night at someone's kitchen table fits the defense exactly.
Sec. 11.66.200. Gambling. (a) A person commits the offense of gambling if the person engages in unlawful gambling. (b) It is an affirmative defense to a prosecution under this section that the defendant was a player in a social game. (c) Gambling is a violation (1) for the first offense; (2) punishable by a fine of not more than $1,000 for the second and each subsequent offense. ... Sec. 11.66.280. Definitions. ... (10) "social game" means gambling in a home where no house player, house bank, or house odds exist and where there is no house income from the operation of the game; ... (7) "player" means a person who engages in gambling solely as a contestant or bettor ... a person who gambles at a social game on equal terms with the other participants does not "otherwise render material assistance" ... by performing, without fee or remuneration, acts ... such as inviting persons to play, permitting the use of premises for the game, or supplying cards or other equipment used in the game.
Full Breakdown
AS 11.66.200 makes "gambling" itself a violation, not a misdemeanor or felony: a first offense carries no fine, and a second or later offense is punishable by a fine of not more than $1,000 under 11.66.200(c). Subsection (b) then supplies the defense that decides most kitchen-table games: it is an affirmative defense that the defendant "was a player in a social game." AS 11.66.280(10) defines "social game" narrowly as gambling in a home where no house player, house bank, or house odds exist and where there is no house income from the operation of the game, meaning the moment anyone skims a rake or the game runs somewhere other than a home, the defense is gone.
The "player" definition in 11.66.280(7) protects the host too: a person who gambles at a social game on equal terms with the other participants does not lose player status by inviting people to play, permitting use of the premises, or supplying cards or other equipment, so long as it is done "without fee or remuneration." No license, registration, or notice to any state agency is required for a genuine social game, that stands in contrast to the permit Alaska requires for charitable gaming under AS 05.15, administered by the Department of Revenue's Charitable Gaming Division.
Step outside the social-game line and the exposure changes fast: promoting or profiting from an unlawful gambling enterprise is a class C felony under AS 11.66.210, promoting or profiting from unlawful gambling that doesn't rise to an "enterprise" is a class A misdemeanor under AS 11.66.220, and AS 11.66.270 forfeits any gambling device, gambling record, and money used as a bet or stake connected to a violation of AS 11.66.200 through 11.66.280.
Violations & Penalties
Cross the line from social game to business and the charge escalates from a $1,000-cap violation to a felony. Taking a cut, running a house bank, or charging house odds turns hosting into "promoting gambling": a class C felony under AS 11.66.210 once it meets the gambling-enterprise threshold in 11.66.280(5): five or more people running it, over 30 days of operation, or $2,000 gross in a single day. Falling short of that is still a class A misdemeanor under AS 11.66.220, and AS 11.66.270 forfeits the devices, records, and stakes.
Frequently Asked Questions
Is home poker legal in Alaska?
Can the host take a cut or rake?
Do I need a permit for a private card game?
What if I run regular tournaments for profit?
Sources
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