I was sent this post by SD State Director italianruby:
Hi Skallagram, I e-mailed our state attorney and this is the reply I got back: First here is what I sent
Sent: Monday, April 07, 2008 3:18 PM
To: ATG Help
Subject: poker playing in state
Hi, My name is Vincent Amato, I am the state Director for Poker Players Alliance and am inquiring as to the laws in south dakota, for playing poker, in our homes or any establishment that may puy on tournaments. Is it legal to put on tourney's as long as the "house" does not charge or take monies for profit? There does'nt seem to be any listed law that I could find on the website for S.D. specifying what is legal or not, other than deadwood!!! I would appreciate any help you may have on this subject. Thank you in advance, Vincent "Italianruby" Amato, State Director for PPA
This was the response:
22-25-1. Gambling defined--Keeping gambling establishment--Letting building for gambling--Misdemeanor. Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose, or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling is guilty of a Class 2 misdemeanor.
So is he saying it is completely illegal?
_________________
I replied:
What he is telling you is "nothing" ... not unusual for an elected official.
I believe I linked you to the same statute when you e-mailed me, I apologize if I didnt: You can see all the South Dakota laws on Gambling here: http://www.gambling-law-us.com/State-Laws/South-Dakota/
What really intrigues me about SD law is that there is no actual definition of "gambling" despite the title of the statute. Whatever is "gambling" however, is illegal everywhere in SD (except in Deadwood and certain charity games, and, of course, the state lottery), whether the gambling game is raked or not, whether its in your house or a bar, if its gambling and you are part of it or you own where its taking place (and know about it) you are guilty of a misdemeanor.
My brief review of SD Supreme Court cases leads me to have no doubt that a "game of chance" would be considered "gambling." I also believe that SD courts would follow the general rule that a "game of chance" must be determined MOSTLY by chance.
We at the PPA feel strongly that poker is not a game determined mostly by chance; we believe we can prove poker is mostly determined by the actions of the players (skill) not chance (cards). If we could be successful in convincing the SD court that poker is mostly determined by skill, then poker is not "gambling" in South Dakota. Near as I can tell, the SD courts have never ruled one way or the other with respect to live poker (video poker was held to be a game of chance a few years back).
Bottom line: IF poker is a game of chance then it is illegal anywhere in SD except where specifically authorized (the Deadwood casinos, for example). If its not a game of chance you can play it anywhere.
Online poker has the same issue, and a few others 1) the SD online law specifically does not make it a crime to play online, only to run an online gambling business 2) online gambling is "interstate commerce" and so state regulation of it may be barred by the US Constitution's commerce clause. Either of the above facts may lead an SD court to find that playing online poker is not a covered criminal offense, even if playing it in your basement is.
You can read more about these legal issues in the Federal Law and State Law sections in this forum.
The big problem you have in SD is that prohibiting gambling is a part of your state constitution (that must have Al Swearengen spinning in his grave), so if poker is found to be a game of chance, you must amend the state constitution to allow it (as they did for Deadwood, which might have slowed Al's spinning).
Hope that helps, and I hope that was clear - give me some feedback to let me know if I am earning my keep here, OK?
Skallagrim