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Mah Jong, the ancient Chinese tile-based table game, is not gambling at least not according to a New York judge.
On January 19, 2012, Criminal Court Judge John H. Wilson declared in People v. Feng that “the court declines to declare Mah Jong to be a per se ‘contest of chance.’ ”
This is deemed a significant decision for the poker community, which seeks to have that game deemed “one of skill”. A number of states are considering the legalization of online poker while a bill could be considered in Congress over the coming months.
Noted gaming attorney Jeff Ifrah wrote in JD Supra:
In the Mah Jong case, Jun Feng and Victor Chan were charged with the misdemeanors
of promoting gambling in the second degree and possession of a gambling device after
allowing an undercover officer to participate in a Mah Jong game in their parlor. The
alleged violation was of NY CPL 225.05, which states in pertinent part: “A person is
guilty of promoting gambling in the second degree when he knowingly advances or
profits from unlawful gambling activity.”
Another provision, CPL 225.00(2) defines “gambling” as follows: “When (a person)
states or risks something of value upon the outcome of a contest of chance or a future
contingent event not under his control or influence, upon an understanding that he will
receive something of value in the event of a certain outcome.” The defendants argued
that Mah Jong did not constitute a “contest of chance” within the meaning of New York
state law. CPL 225.00(1) defines “contest of chance” as “any contest, game, gaming
scheme or gaming device in which the outcome depends in a material degree upon an
element of chance, notwithstanding that skill of the contestants may also be a factor
therein.”
- Nagesh Rath, Gambling911.com
