New Hampshire Private Poker Game Gambling Exemption

New Hampshire's Title LXII criminal code treats gambling as illegal by default. RSA 647:2, I(a) makes it a misdemeanor to knowingly and unlawfully permit gambling in any place under one's control, and I(b) separately criminalizes gambling itself or lending money to help someone else gamble. Anyone who conducts, finances, manages, or owns a business that permits gambling on its premises commits the same grade of misdemeanor under I-a(a), but that offense is upgraded to a class B felony under I-a(b) once the operation crosses defined thresholds: gross revenue of $2,000 in a single day, substantially continuous operation for more than 10 days, or wagers exceeding $5,000 in any 30-day period on future contingent events. Possessing or promoting gambling on a gambling machine is its own standalone class B felony under I-b, regardless of revenue.

Subsection V lists the state's narrow exemptions, and the one that reaches ordinary social gambling is V(e): a poker game held in a private residence. To qualify, the host (the "house") can take no compensation from the prize pool, charge no admission or seat fee, and receive nothing of value, beyond their own winnings as a player, for running the game or letting it happen in their home. The game's odds cannot favor a house or any individual player, there can be no house bank, no more than 10 players may take part, and the game cannot be advertised to the public. Other exemptions in the same subsection cover licensed charitable gaming dispenser devices, antique machines held by collectors, fantasy sports contests, and sports wagering under RSA 287-I:1, none of which apply to a casual home game.

Permitting gambling, gambling to help someone else gamble, or possessing a gambling machine casually is a misdemeanor. Running a gambling business becomes a class B felony once gross revenue hits $2,000 in a day, operation runs past 10 days, or wagers exceed $5,000 in 30 days; promoting gambling on a gambling machine is a class B felony outright. Break any condition of the poker exemption, a rake, an entry fee, more than 10 players, public advertising, and the game loses its RSA 647:2, V(e) protection.