Illegal Gambling and/or possession of Gambling Devices are 1 st degree misdemeanors. ![]() PA courts made a determination that the game of “Texas Hold ‘m” Poker does not meet all three of the criteria for illegal gambling, as skill predominates over chance in the game and therefore the game is not “unlawful gambling’ as defined under Pennsylvania Law. Side Note: The game of “Texas Hold ’em” Poker is specifically excluded from the list of games considered to be gambling. Reward There must be the possibility of monetary gain.The outcome of the action is left up to chance and is not based upon skill. ![]() To determine whether or not an action is gambling the action must meet three specific criteria: Under Pennsylvania Law gambling is illegal.
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