I received an e-mail from the Millionaire Open concerning some of the measures they plan to take concerning cheating at this event. One of the sentences indicated that it is a felony to cheat at gaming in Nevada. I looked at NRS 432.0152 which defines what is gaming in Nevada and I am not sure that chess qualifies under this definition.
This has broader implications than just this specific tournament. If chess can be defined as gaming, wouldn’t this criminalize tournament directors and participants in chess tournaments that take in and pay out cash in places where gaming is prohibited? I am all for the most draconian penalties being meted out to chess cheats but I’m not certain a gaming law violation is the way to go. How about conspiracy to commit grand theft?
I don’t know what Nevada gaming board considers “gaming”, but most likely the Millionaire’s Open is going on the side of caution, and informing players that chess is considered gaming.
Even if they asked the Nevada gaming board is Chess is considered gaming, they might have been given either a “yes” or “not sure”. Either answer would be enough that the people running the tournament would send out notices that chess is considered gaming in Nevada.
It also may be that the Nevada gaming board really doesn’t know if chess should or should not be considered gaming, without it say going through the counts on a case of cheating at a chess tournament. In that case, they’d err on the side of caution and say “yes” chess is considered gaming.
From a legal dictionary: “Gaming: The act or practice of gambling; an agreement between two or more individuals to play collectively at a game of chance for a stake or wager, which will become the property of the winner and to which all involved make a contribution.”
Generally, chess is considered a game of skill, not of chance, and thus gaming laws do not generally apply. However, I am not opining on what Nevada law may be.
This is why I want to give the “pro” something to consider. Cheating is dishonorable enough but if this cheating has the potential to rob an individual (or individuals) of thousands of dollars in prize money I would like to see this cheater earn a felony that no slick technicality would undo. I appreciate this and all the other responses.
One complaint I’ve heard from poker players is that casinos and the gaming commission will not pursue these criminal penalties against poker tournament players who cheat. They too would like cheaters to be faced with a more strict penalty than expulsion from the tournament/game.
There is a big difference in reaction between a player who palms an ace at a blackjack table, and one who steals chips from an opponent in a poker tournament. The former player will be arrested and charged. The latter would only be expelled from the tournament and maybe banned from future tournaments. The former player was caught trying to steal from the casino, the latter player was merely trying to steal from his fellow players, a much lesser crime (irony intended).
I saw an article about a WSOP (World Series of Poker) tournament where a player was caught red-handed trying to steal chips from an opponent’s stack while the opponent was away from the table. He was thrown out of the tournament and banned from future WSOP events, but there was no mention of him being arrested or charged with any crime. If players cheating in a WSOP event are not getting charged with a crime, I highly doubt that the gaming commission or the district attorney’s office is going to go after a chess cheat.
Probably not. I guess if you make them angry enough (by forcing a cancellation of the tournament) they will come after you. I was basing my theory partly on this article and remarking the contrast with this article