The Nevada State Senate has proposed a bill, which, if passed, would make taking a piece of action of another player, or staking, within the state’s borders a felony.

On TwoPlusTwo, internet gaming attorney David Gzech warned the poker community that Nevada State Bill 40, which was pre-filed on December 20 and made public on Friday, “would prohibit [and] criminalize player-to-player staking for brick-and-mortar poker tournaments, among other activities,” in Nevada.

Gzech pointed out that the bill is targeted at messenger betting for sports wagering; however, it would prohibit staking activity in Nevada-based poker tournaments, even between friends. That would include the annual World Series of Poker, which is set to begin in May.

State Bill 40 would make it a Category B felony “to receive, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played,” with any person or entity unlicensed for wagering in Nevada. The penalties for a Category B felony are pretty severe and could lead to a prison sentence of one to six years and/or a fine of up to $5,000.

If the language in the bill becomes law, it could have a devastating effect on the WSOP and other poker tournaments throughout the year in Nevada. While exact figures aren’t known, it is widely assumed that many poker players rely on staking to play in the WSOP. This even applies to the top professionals in the game, which was most clearly seen during the $1 million buy-in Big One for One Drop, with many of the top names of the game publicly selling action on Twitter and many more believed to have sold their action privately.

While it is possible that even if the bill were passed, players would ask for and accept staking, ultimately this could become very complicated due to tax considerations. Ultimately, many will decide it isn’t worth the headache of potentially being charged with a felony, which could reduce the number entrants for big buy-in tournaments in Nevada.

According to CalvinAyre, the bill’s reach also extends to unauthorized online gambling affiliates. Language in the bill restricts any entity from “accepting or facilitating” wagers placed with unauthorized gaming operators or for “transmitting or delivering anything of value resulting from a bet or wager.”

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