Hawaii Statewide Rule

Hawaii Social Gambling Statutory Defense

Significant RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Governing statute: HRS § 712-1231
Underlying offense: HRS § 712-1223, gambling misdemeanor
Defense applies to: Prosecutions under §§712-1223 to 712-1226 only
Burden of proof: Defendant, by a preponderance of the evidence
Excluded venues: Hotels, bars, businesses, parks, schools, churches
Max penalty if defense fails: 1 year jail, $2,000 fine
Enacted: Act 201, Session Laws 1973

Last verified: August 21, 2026

Summary

Hawaii bans nearly all gambling as a misdemeanor under HRS 712-1223, but 712-1231 lets a defendant assert social gambling as an affirmative defense at trial -- requiring equal-terms play, zero house cut for anyone, no hotel, bar, or business venue, and no minors. It is a courtroom shield, not a license: police can still arrest first.

§712-1231 Social gambling; definition and specific conditions, affirmative defense. (a) Definition. "Social gambling" means gambling in which all of the following conditions are present: (1) Players compete on equal terms with each other; and (2) No player receives, or becomes entitled to receive, anything of value or any profit, directly or indirectly, other than the player's personal gambling winnings; and (3) No other person, corporation, unincorporated association, or entity receives or becomes entitled to receive, anything of value or any profit, directly or indirectly, from any source, including but not limited to permitting the use of premises, supplying refreshments, food, drinks, service, lodging or entertainment; and (4) It is not conducted or played in or at a hotel, motel, bar, nightclub, cocktail lounge, restaurant, massage parlor, billiard parlor, or any business establishment of any kind, public parks, public buildings, public beaches, school grounds, churches or any other public area; and (5) None of the players is below the age of majority; and (6) The gambling activity is not bookmaking.

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Full Breakdown

in any gambling activity" -- but 712-1231 carves out a narrow affirmative defense for social gambling. To qualify, a defendant must show all six conditions at once: players compete on equal terms; no player collects anything beyond personal winnings; no host, business, or third party takes a cut or profits in any way, including free food, drinks, service, lodging, or use of the premises; the game is not conducted at a hotel, motel, bar, nightclub, cocktail lounge, restaurant, massage parlor, billiard parlor, or any other business establishment, public park, public building, public beach, school ground, or church; none of the players is below the age of majority; and the activity is not bookmaking.

The defense is available only in prosecutions under 712-1223 (gambling), 712-1224 and 712-1225 (possession of gambling records, first and second degree), and 712-1226 (possession of a gambling device) -- it does not reach the felony promoting-gambling charges. Under subsection (b), the defendant carries the burden: once raised, the defendant must come forward with evidence and prove the social-gambling facts by a preponderance of the evidence, and subsection (c) confirms the prosecution never has to disprove social gambling as part of its own case. The 1973 Senate Judiciary committee report that created the section explains the enumerated-places list was added specifically to prevent the intrusion of "hotel and casino type operations" into the state, while a casual bet between golfers or bowlers away from those locations still qualifies.

In practice this protects a private home poker or mahjong game with no rake and no minors, but does nothing for a bar poker tournament, a charity casino night charging admission, or any game run for a cut.

Violations & Penalties

Gambling under 712-1223 is a misdemeanor: up to one year in jail and a fine up to $2,000 under HRS 706-663 and 706-640(1)(d). Possessing gambling records or a gambling device under 712-1224 through 712-1226 carries the same exposure. Anyone who takes a house cut, charges a rake, or profits from hosting steps outside the social-gambling defense and risks prosecution for promoting gambling in the second degree, a class C felony fined up to $10,000, or first degree, a class B felony fined up to $25,000, under 712-1221 and 712-1222.

Frequently Asked Questions

Is home poker legal in Hawaii?

Yes, if it meets every condition in HRS 712-1231(a): players compete on equal terms, nobody but a player keeps any winnings, no host or business takes a cut or supplies free food, drinks, or lodging for profit, the game is not at a hotel, bar, restaurant, or other business, all players are adults, and it is not bookmaking. Miss one condition and the misdemeanor gambling charge under 712-1223 applies in full.

Can a bar or restaurant host a poker night?

No. Section 712-1231(a)(4) excludes any hotel, motel, bar, nightclub, cocktail lounge, restaurant, massage parlor, billiard parlor, or business establishment of any kind by name, regardless of stakes or whether the house takes a cut. The 1973 legislative history says this list was added specifically to keep "hotel and casino type operations" out of Hawaii, so a commercial venue can never claim the social-gambling defense.

Who has to prove the game was social gambling?

The defendant does. Under 712-1231(b), once a defendant raises social gambling as an affirmative defense, the defendant carries the burden of coming forward with evidence and proving the required facts by a preponderance of the evidence; subsection (c) confirms the prosecution never has to prove the opposite as part of its own case.

What happens if the game doesn't qualify as social gambling?

The player is exposed to the underlying charge in full. Simple participation is a misdemeanor gambling charge under 712-1223, up to one year in jail and up to a $2,000 fine per HRS 706-663 and 706-640, while anyone profiting from running the game risks a class C or class B felony promoting-gambling charge under 712-1221 and 712-1222.

Sources

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