By Patricia Jones No. Counting cards in your head is generally not illegal in the United States. It is a mental strategy commonly used in blackjack. However, casinos may still stop a person from playing, ask them to leave or ban them from returning.
What Does Counting Cards Mean?
Counting cards means mentally tracking the high and low cards that have already been dealt during a blackjack game. The player uses this information to estimate whether the remaining cards are more favourable to the player or the dealer.
A card counter does not normally touch the cards, change the game or interfere with casino equipment. The person simply observes the cards that everyone at the table can see and remembers them.
Why Is Card Counting Legal?
Card counting by mental calculation is generally legal because it does not alter the game or involve fraud. The Nevada Supreme Court has specifically recognised that a player who uses skill to count cards is not committing criminal cheating, although the casino may take steps to prevent the person from continuing to play.
This is different from activities such as:
- Marking or damaging cards
- Secretly viewing the dealer’s hidden card
- Working with a dishonest dealer
- Changing bets after the result becomes known
- Using hidden electronic equipment
- Manipulating casino machines or gaming devices
These activities may qualify as cheating, fraud or another gaming offence.
Can a Casino Ban a Card Counter?
Yes. In most parts of the United States, a casino can refuse service to someone it suspects of counting cards. Nevada courts have recognised that casinos generally have the right to exclude patrons, provided the decision is not based on unlawful discrimination.
The casino may:
- Ask the player to stop playing blackjack
- Limit the size of the player’s bets
- Shuffle the cards more frequently
- Use a continuous shuffling machine
- Prevent the player from playing certain games
- Ask the player to leave
- Ban the player from returning
Being removed for counting cards does not necessarily mean the player committed a crime. It may simply mean the casino no longer wants to accept that person’s bets.
What Happens If the Player Refuses to Leave?
A legal problem can begin when the player refuses to follow the casino’s instruction to leave. For example, Nevada law makes it an offence to remain on property after receiving a valid warning not to trespass.
Therefore, the card counting itself may be legal, but refusing to leave or returning after being formally banned may lead to a trespassing charge.
A person who is asked to leave should remain calm, collect any lawful chips or belongings and exit the property. Any dispute about unpaid winnings or improper treatment should be handled later through the casino regulator or legal process.
Is Using a Card-Counting Device Illegal?
It can be. Nevada law prohibits using or possessing with intent to use certain electronic, mechanical or computerized devices designed to provide an advantage in a casino game. The law specifically covers devices that track cards, calculate probabilities or recommend betting strategies.
Examples may include:
- A hidden card-counting computer
- A mobile application secretly used during play
- A concealed electronic calculator
- Software that tracks cards in real time
- A device that communicates betting instructions
Using the brain to calculate the count is different from secretly using prohibited equipment.
Is Team Card Counting Illegal?
Playing as a team is not automatically illegal. However, the conduct may become unlawful when team members use prohibited devices, deceive casino staff, mark cards, bribe employees or manipulate the game.
Casinos may also remove or ban team members even when their counting method does not violate criminal law.
Is Card Counting Treated Differently in New Jersey?
New Jersey has historically taken a different approach. In Uston v. Resorts International Hotel, the New Jersey Supreme Court held that a casino could not exclude a player solely for card counting unless the gaming regulator had authorised such exclusion.
New Jersey casinos may still use lawful countermeasures, such as changing shuffling procedures or limiting play. They may also remove people who are disorderly, intoxicated, threatening security or otherwise disrupting casino operations.
Can Someone Be Arrested Merely for Counting Cards?
A person normally should not be arrested merely for mentally counting cards. However, an arrest or investigation may occur when casino staff believe the person used a device, committed fraud, refused to leave or violated an earlier trespass notice.
The important distinction is: Mental card counting is generally legal. Cheating, using prohibited devices and trespassing are not.
Final Answer
Counting cards with mental skill is generally legal in the United States. Nevertheless, most casinos may stop a suspected card counter from playing and require the person to leave. The person must obey a lawful instruction to leave, and no electronic device, marked card, secret assistance or game manipulation should be used.