Actual Nevada Statute:
NRS 465.075 Use or possession of device, software or hardware to obtain advantage at playing game prohibited.
It is unlawful for any person to use, possess with the intent to use or assist another person in using or possessing with the intent to use any computerized, electronic, electrical or mechanical device, or any software or hardware, or any combination thereof, which is designed, constructed, altered or programmed to obtain an advantage at playing any game in a licensed gaming establishment or any game that is offered by a licensee or affiliate, including, without limitation, a device that:
1. Projects the outcome of the game;
2. Keeps track of cards played or cards prepared for play in the game;
3. Analyzes the probability of the occurrence of an event relating to the game; or
4. Analyzes the strategy for playing or betting to be used in the game,
Except as may be made available as part of an approved game or otherwise permitted by the Commission.
(Added to NRS by 1985, 970; A 2011, 216; 2013, 1317)
Like the law or not, the part that most directly speaks to the use while playing video poker of most video poker software programs is:
NRS 465.075 Use or possession of device, software or hardware to obtain advantage at playing game prohibited.
4. Analyzes the strategy for playing ... to be used in the game.
Of course this law was written before cell phones and I-pads were commonly carried and used in casinos. Since devices are so ubiquitous today for other purposes, it has become much more difficult for a casino to take even take notice of someone using such software on a device such as this. Moreover, I realize that no one has been able to come up with an example yet of someone actually being prosecuted.
This, however, doesn't mean that some overly-ambitious casino manager might decide to save his casino $20,000 on a $5 royal or $25,000 on a 50 cent sequential royal by enforcing it.
Then not only won't you get paid, but also every time you are asked if you have ever been arrested you'll have to answer yes and do a lot of splainin' even if you get off later – not to mention the legal bills and time and hassle you will need to invest.
So you'll have to ask yourself if it's worth it when you can practice on the software at home or in a hotel room and can bring a printed strategy card with you (which is legal) and no matter how much you win you'll be on firm ground to collect and not have to worry about the cuffs being placed on you and going to the slammer.
Of course, I know that people exist out there that would relish this experience, but I'm not one of them.
Posted by: straub@shore.net
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