Washington State's Ban on Internet Gaming: Class C Felony

On March 28, 2006, Washington State passed a ban on Internet Gambling. This law raises significant constitutional issues and threatens a Class C felony prosecution on citizens placing 25 cent bets at PartyPoker in their own homes. The law (RCW 9.46.240 and 1991 c 261 s 9) reads:

“Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet (sic) a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to RCW 9A.20.021.” A class C felony is punishable by amounts up to $10,000 and/or confinement in a state correctional institution for five years.

Class C felonies in Washington State, include bestiality; assault on a child in the third degree; custodial sexual misconduct in the first degree; third degree rape; four DUIs in seven years; second degree assault; sex and labor trafficking; unlawful taking of endangered fish and wildlife; robbery (1 count); animal fighting abuse or, most egregiously, going “all-in” in a PartyPoker $5+0.50 multiple table tournament. 60 months in jail seems more than appropriate for going “all-in” with less than a pair of jacks.

In order to play with “play money” on PartyPoker, one needs to download and install a program that could be used for either “play money” or cash games. That is a clear violation of the new Washington law. The use of “Whoever knowingly transmits….gambling information.” refers to ISPs, cable companies, DSL providers and phone companies. In order to be “knowingly” a transmitter would have to set up privacy invasive screens that they are extremely reluctant to do---except, maybe to do business in Communist China.