Underground poker games have been illegal in the United States since the early 1990s. The reason for this prohibition is that these games are considered illegal gambling. Under federal law, gambling is defined as any activity in which a person stakes or risks something of value with the hope of gain.
In order to play an underground poker game, all players must be present in person and the game must take place in a location that is not publicly visible. This makes it illegal to run an underground poker game online or over the telephone.
There are a few exceptions to the prohibition on underground poker games. One exception is when a state law allows for such games.
Another exception is when a player participates in an underground poker game with the consent of all other participants and the game does not involve any money that was not previously disclosed to all participants. In order for an underground poker game to be legal, all players must voluntarily agree to participate and there cannot be any coercion or threats of force involved.
The prohibition on underground poker games has had a significant impact on the development of the online poker industry. The majority of online poker sites are located outside of Nevada, where underground poker games are legal, due to the uncertainty surrounding whether or not these games will be considered legal under federal law.
The lack of legal clarity surrounding these games has led many online poker companies to avoid operating in states where they may be subject to criminal prosecution.
