3

Someone is holding a poker game, would it be legal for a minor to participate? This is in Texas.

3
  • The question seems to assume that this is for real money stakes, although it could be more clear. It isn't illegal, in general, to play poker in Texas. – ohwilleke Jun 23 at 23:09
  • 1
    @ohwilleke If it were, there'd be some serious question as to why one of the most popular variants of the game is called "Texas Hold'em"... – Darrel Hoffman Jun 24 at 13:52
  • @DarrelHoffman Russian roulette isn't legal in Russia. – ohwilleke Jun 24 at 14:13
7

Generally, it would be a juvenile offense for a minor to gamble and a crime for an adult to do so (assuming that the minor is old enough to be prosecuted for juvenile delinquency, you can't prosecute a two year old for playing poker).

There are affirmative defenses to this crime (and the parallel juvenile offense) if:

  • the actor engaged in gambling in a private place;

  • no person received any economic benefit other than personal winnings; and

  • except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants

2
  • 2
    The affirmative defences would likely apply to most private poker games. So would they also apply in the case of minors? Your answer doesn't make this clear. – Muzer Jun 24 at 11:22
  • Almost every criminal offense is also a ground for a juvenile delinquency charge for an old enough minor (only a few offenses, like murder, are allowed against children just barely old enough to be charged). When a criminal offense is also a juvenile delinquency charge ground, the elements of the crime and the defenses to it are the same. – ohwilleke Jun 24 at 14:12

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.