Is "card counting" a crime in Las Vegas?

Is “card counting” a crime in Las Vegas?

Man's hand looking at cards during blackjack game — Counting cards is not against the law in Nevada.

Card counting is not a crime in Las Vegas. However, casinos who suspect you are counting cards can lawfully order you to leave.¹

If you refuse to leave – or you return to the casino after being asked to leave – you face misdemeanor trespass charges carrying up to six months in jail and/or $1,000.²

Why counting cards is not a crime

Card counting does not meet Nevada’s definition of cheating at gambling, which requires you to actually:

alter the elements of chance, method of selection or criteria which determine:

      (a) The result of a game;

      (b) The amount or frequency of payment in a game;

      (c) The value of a wagering instrument; or

      (d) The value of a wagering credit.

Counting cards is merely when you mentally keep track of the cards that are dealt, which is not cheating since you are not changing anything.

Examples of cheating at gambling include:

using fake chips
crimping cards
using loaded dice³

Why casinos can ban card counters

Casinos are private businesses that profit from the “house winning” the vast majority of the time. Therefore casinos are not obligated to do business with anyone who hurts their business model.

How long card counters get banned for

The length of casino bans depends on the individual casino and their company policies. I have seen casinos “trespass” card counters for anywhere from six months to life!

I have been successful in getting some trespassed players off blacklists through strategic negotiations with casino managers. Everything is done case-by-case.

If you are falsely accused of cheating for counting cards

Here at Las Vegas Defense Group, I have represented literally thousands of people wrongfully accused of casino crimes such as cheating at gambling. In my experience, the following three defenses are very effective with prosecutors, judges, and juries:

No cheating occurred. Even if the prosecutors can prove you counted cards, that does not qualify as cheating.
You had no fraudulent intent. Accidents and honest mistakes are not criminal. Unless the D.A. can prove you intended to defraud, the charge should be dropped.
The police committed misconduct. If the police violated your constitutional rights – such as by conducting an unlawful search or coercing a confession – we can ask the judge to suppress that illegally-obtained evidence. Prosecutors may be left with too weak a case to prosecute.

Common evidence in these cases includes video surveillance footage and eyewitness accounts.

The penalties for cheating at gambling

Cheating at gambling	Nevada penalties
First offense	Category C felony: 1 – 5 years in prison, restitution, and up to $10,000
Subsequent offense	Category B felony: 1 – 6 years in prison, restitution, and up to $10,000
Attempting or conspiring to cheat	Category C felony: 1 – 5 year sin prison, restitution, and up to $10,000⁴

Counting cards can get you trespassed at a Las Vegas casino.

Additional reading

For more in-depth information, refer to these scholarly articles:

Preferential Shuffling: A Card Counting Countermeasure That Could Cost Players A Fair Game Of Blackjack – Gaming Law Review.
Exclusions and Countermeasures: Do Card Counters Have a Right to Play? – Gaming Law Review.
Cheating at Blackjack: The Case of the Barthelme Brothers – Gaming Law Review.
Crime Problems Related to Gambling: an Overview – Crime, Addiction and the Regulation of Gambling.
A Comparative Overview of Esports against Traditional Sports Focused in the Legal Realm of Monetary Exploitation, Cheating, and Gambling – Cardozo Arts & Entertainment Law Journal.

Legal References

NRS 465.083. Sheriff of Washoe County v. Martin (Nev. 1983) 662 P.2d 634; Skipper v. State (Nev. 1994) 879 P.2d 732.
NRS 207.200.
See note 1.
Same.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

Las Vegas Defense Group excels in helping individuals fight traffic tickets with professionalism and expertise. Their team of experienced attorneys provides personalized attention and effective strategies to achieve favorable outcomes. Clients appreciate their thorough understanding of traffic laws and their commitment to protecting clients' driving records and rights. The process is streamlined and stress-free, with clear communication and support at every step.

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