Gambling News - July 2005 Edition

"Official: Legality of Online Gambling Untested in Courts"

Online gambling may not be illegal in Tennessee, but you must bet from outside the state.

Because online gamblers can place their bets from any place outside Tennessee and because online gambling is not specifically addressed by Tennessee law, Internet gambling may not be illegal in Tennessee. Gambling is defined by the Tennessee Criminal Code as “risking anything of value for profit when the return is contingent on chance”. Gambling is definitely illegal in the state of Tennessee. But online gambling may offer an opportunity for the residents of Tennessee to circumvent the criminal code. In terms of Tennessee law, gambling is “contrary to the public policy of this state” and, thus, illegal. However, the law does not make any mention of the legality, or lack of legality, regarding gambling when a player makes a bet from a jurisdiction where gambling is legal.

Because some forms of gambling are permitted in Tennessee, like participating in the Tennessee lottery, participating in certain annual charitable events, and participating in certain lawful business transactions, it is possible that visiting online gambling sites that are based outside Tennessee may not pose much of a challenge to the anti-gambling laws there. Mr. Rocky Young, Blount County Assistant District Attorney General, said that he was aware of the increased participation at online gambling sites but was not aware of any specific legal opinions regarding the participation of Tennessee residents in online gambling sites outside of the state. This indicates that people residing within the state of Tennessee may very well be able to gamble online unchallenged by the law, as long as the website is outside Tennessee.

Young added “I think the argument that it is not illegal, is based on the fact that the bet is actually placed in a jurisdiction where gambling is legal.” He further added, “I guess that until it is tested in court, no one can say for certain that it's legal or against the law.''

So until the matter is tested in court, people living in Tennessee can feel free to gamble over the Internet as much as they like or as much as their pocket book allows.

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