Using Your Phone for Video Poker Strategy Could Be a Felony in Las Vegas Casinos
It turns out we don’t know everything, which is as shocking to you as it was to us. We’re filing this one under “today we learned.”
Today we learned using your phone to help determine optimal play in video poker could violate Nevada gaming law. In fact, it could be a felony. We are not making this up.
The relevant law is Nevada Revised Statute 465.075, titled, “Use or possession of device, software or hardware to obtain advantage at playing game prohibited.” Note: Aside from being enlightening, this statute can also help with insomnia! Let’s take a closer look.
Video poker fans know that there are myriad variations of video poker. Many games have their own peculiarities in strategy, and adjust accordingly.
We personally only really know the strategy for our favorite game, Double Double Bonus.
Even though we’ve played the game for thousands of hours (and that’s just last week), there are still situations where we don’t know which cards to hold.
This is where felonies happen, apparently.
There are lots of apps and Web sites out there that provide guidance for video poker players. You enter the cards you’re dealt, and an app tells you which cards to hold. It seems pretty straightforward, like when using one of those basic strategy cards at a live poker table, until you realize it’s actually not.
In theory, you could end up in the pokey. You know, the big house, slammer, the can, the hoosegow, the graybar hotel. Since we’re talking about video poker, “pokey” seems the best fit.
The statute says it is unlawful to use, or possess with the intent to use, a computerized, electronic, electrical or mechanical device, software or hardware “designed, constructed, altered or programmed to obtain an advantage” while playing a game in a licensed gaming establishment.
The law then provides examples of what such a device isn’t permitted to do. It can’t project the outcome of a game. It can’t keep track of cards played or prepared for play. It can’t analyze the probability of an event relating to the game.
And this is the big one for video poker players: It can’t “analyze the strategy for playing or betting to be used in the game.”
What in the holiest of hells?
It sounds like a rule trying to deter card counting is so broad, it could inadvertently turn video poker players into criminals. Or perhaps it’s advertent. Or perhaps even some word that actually exists.
That language seems tailor-made for video poker strategy apps.
It’s fine to memorize optimal strategy, you just can’t look that strategy up while you’re playing.
The law contains an exception for features made available as part of an approved game or “otherwise permitted by the Nevada Gaming Commission.”
Given the fact there has never been a case of a video poker player being booked for violating this rule, we’re pretty sure your video poker strategy app isn’t something casinos or gaming regulators are enforcing, but it doesn’t mean they couldn’t.
The consequences of violating this law aren’t trivial.
NRS 465.088 says a first violation of NRS 465.070 through 465.086, which includes the electronic-device prohibition, is a category C felony. It also requires any profits or benefits obtained through the violation to be disgorged. A second or subsequent violation is a category B felony.
If you don’t think that’s a deterrent, Google “William Wallace” to learn more about being disgorged!
The electronic-device statute dates back to 1985, long before everyone carried a supercomputer (with cameras!) in their pocket. Nevada amended the statute in 2011 and 2013. The 2013 revision expanded the language to include “software or hardware, or any combination thereof.”
Basically, the law evolved along with technology.
The whole thing feels murky.
A static chart isn’t really “analyzing” anything. Apps just make charts more usable.
The law prohibits electronic devices or software designed or programmed to obtain an advantage at the game, but the truth is, players almost never have an advantage when it comes to video poker, unless a game is specifically programmed to pay more than 100% back, in which case it’s a loss leader for marketing purposes.
The takeaway is simple: If you want to obey the law 100%, don’t use software to analyze a video poker hand while you’re playing.
As mentioned, there’s no known case where this law was leveled at a video poker player, so you’re probably good if you occasionally ask an app for its recommendations.
If they suddenly start cracking down, don’t say we didn’t warn you.
Big thanks to Bruce B. on Twitter for reminding us our omniscience has been greatly exaggerated. Possibly by us.
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