I recently made contact with the PPA's representative for the State of IL. I wanted to get clarification from him concerning online poker's legality in IL. With his permission, I am posting his response here. He did ask me to mention that he is not an attorney and this is just his opinion on the statute. However after reading it, I would concur with his opinion. Please read this and offer your thoughts. I'd also welcome your reaction to my comments and the bottom of this post. Sorry its so long but I think its important enough to take some time with.

<span>It is my read of the Illinois criminal code that poker in any form, where cash or prizes are awarded participants, is consider gambling and therefore illegal.</span>

<span>The Illinois Department of Revenue, which oversees such agencies as the Illinois Lottery and the Illinois Liquor Control Commission as well as the legalized forms of gambling in <span id="lw_1207943192_0">Illinois</span>, has decided that poker games are illegal and have closed many live games down. Here�s the statute.</span>
<table border="0" cellpadding="0" cellspacing="0" width="500"><tbody><tr><td><span> (720 ILCS 5/28-1)</span> <span>(from Ch. 38, par. 28-1) </span> <span> Sec. 28-1. Gambling. </span> <span> (a) A person commits gambling when he: </span> <span> (1) Plays a game of chance or skill for money or </span>
</td></tr><tr><td><table border="0" cellpadding="0" cellspacing="0" width="100%"><tbody><tr><td><span> </span>
</td><td><span>other thing of value, unless excepted in subsection (b) of this Section; </span>
</td></tr></tbody></table>
</td></tr></tbody></table>

<span>Item 2 of subsection b (exemptions) leads some to believe that poker is exempt as a game of skill. Unfortunately, the law doesn�t see it that way.</span>

<span>
</span>
<table border="0" cellpadding="0" cellspacing="0" width="500"><tbody><tr><td><span>2.) Offers of prizes, award or compensation to the </span>
</td></tr><tr><td><table border="0" cellpadding="0" cellspacing="0" width="100%"><tbody><tr><td><span> </span>
</td><td><span>actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest;</span>
</td></tr></tbody></table>
</td></tr></tbody></table>

<span> </span>

<span>I don�t recall any legislation passing in <span id="lw_1207943192_1">Illinois</span> in 2006 regarding online poker. The Federal government passed the Unlawful Internet Gambling Enforcement Act (UIGEA) in 2006. That law bars financial institutions from processing financial transfers of funds to and from gaming sites by US citizens. The activities that were exempted there were horseracing, lotteries, and fantasy sports leagues. Online poker was not granted an exemption, although the PPA lead the fight to have it exempted. UIGEA does not make online gambling legal or illegal, it only limits financial transactions to online gambling companies.</span>

<span> </span>

<span>Online poker is illegal in <span id="lw_1207943192_2">Illinois</span> based on the above statute.</span>

<span> </span>

<span>The question really becomes one of enforcement. People are playing illegal poker throughout <span id="lw_1207943192_3">Illinois</span> � at bars, online, at home, etc. Most would agree that <span id="lw_1207943192_4">Illinois</span> does not have the resources to shut the games down. When they do act, they usually are closing games that have been advertised. </span>

<span> </span>

<span>Some in <span id="lw_1207943192_5">Illinois</span> are promoting a change in the law that would allow free games to be played where non-cash prizes could be awarded. Others are promoting �account wagering� for betting on horse racing and the lottery. Either would be seen as a softening of Illinois law and poker could benefit from either. On the latter, that change would have to be accompanied by the exemption of poker in the UIGEA.</span>

<span> </span>

<span>As far as the professional Illinois players and law enforcement, the penalty for the player is a class a misdemeanor, so don�t expect cops to breaking down any doors soon.</span>

<span> </span>

<span>If you want to read the state, go to <span id="lw_1207943192_6">www.ilga.gov</span> , select �Illinois Compiled Statutes� and open the Criminal Code and read the Gambling section.</span>

So if online poker is in fact illegal in IL, should we even bother to keep playing? I know the chances of the cops busting my doors down and coming into myhome and arresting me while I'm playing is slim to none. That is not my concern.

My concern is that I want to be able to use my winnings for legitimate purposes and not have to worry about that. I want to claim all my winnings, pay taxes on them and spend the money how I see fit. I don't want to live in fear that someday I will be audited, and have it come to light that I was earning money in an unlawful way. I don't have any illussions of becoming a pro. I just wanna know that if I take down a big tourney I get claim my winnings, stick it in my retirement account and never have to worry that I'm doing something illegal. Doesn't seem like that is possible right now.

So if you are in IL, or another state where poker illegal, what do you think of this and how have you claimed your winnings in the past. Are you not worried about future consequences? All thoughts/opinions encouraged.

I'll offer my opinion as a former prosecutor. I didn't spend much time or money trying to prosecute minor criminal offenses where there is no victim that can offer compelling testimony about the damages they have suffered. If the government seizes your computer pursuant to another investigation and discovers evidence of gaming then they would probably consider a charge if it fit within the theme of the case they were building against you (i.e. - might fit if you were suspected of laundering drug money via online gaming sites).

I once tried to obtain a suspect's federal tax returns and got met by a pretty unforgiving standard - the IRS would not release the records to another gov agency without a court order directing them to do so. That was too much trouble and I never did get the records. The IRS wants people to declare all income regardless of source and is not really in the business of law enforcement unless of course you fail to pay.

Those that live in Illinois should be lobbying to change the law -- not just hoping that they don't enforce it. Kudos for working with the PPA to do just that. Good luck!!

I think this is pretty scary. I'm so horrible with all things political. I don't understand what this means really. This is the first I've heard of online gaming being illegal in IL. Please explain the situation as if you were talking to a retard and maybe I'll be able to better grasp what's going on. Is it unsafe for Illinois citizens to be playing poker online right now?

Agreed. Posts like this are horrible. There are many states in which poker is a misdemeanor, in Washington it's a felony. However, they are rarely, if ever, enforced and like many other laws they are meaningless.

I agree OP. Right now is a very critical moment in Online Poker. UIGEA is actually at a point where members of congress are seeing it's flaws and could potentially get it repealed. If people want to just ignore the issue they are not doing themselves or online poker any favors and are, in fact part of the problem.

The Poker Players Alliance is doing a lot of good right now and could benefit from all of us taking part and doing just a little bit to help our own cause along. They have form letters already written and waiting for each of us to take 2 minutes to go to thier website and make our voices heard amongst our government.

UIGEA is wrong and so are the laws outlawing online poker. Now is the time to do something. And we have a great organization to represent us and make things easier for poker players as a group.

http://capwiz.com/pokerplayersallian...ertid=11248186

Take a few moments to help make online poker acceptable in the U.S.

I hope those comments are addressed to me because I painstakingly took the time to explain EXACTLY why I was concerned. Never said "everything I own." Read what I wrote.

Oh, and what about online gambling by means other than a computer? Be real bro.

And I like the profile pic, but you def need to muck 57o