Is Card Counting Actually Illegal?
If you’re keen to try your hand at a new blackjack strategy, you’re probably wondering, “Is card counting actually illegal?” The simple answer is no - card counting is not illegal in most countries. You won’t find any actual laws against it in the UK, Europe or the USA, but there’s a difference between what’s legal and what’s allowed at land-based casinos.
Many casinos are very vigilant about card counting so if a player is suspected of doing it, their bets might be limited or they might even be told to leave the casino. This can feel like a legal issue, when it’s just up to the casino if they want to allow you to stay or not. And seeing big, dramatic cases of card counting in the media doesn’t help - you might think the whole thing is a bit like pulling off a heist, when in practice it’s a lot more subtle.
But the question remains that even if card counting isn’t illegal, is it even possible at online casinos? We’re going to dive into all the practical questions and the reasons why it might not be a good idea.
TL;DR: Card counting is not illegal anywhere in the world. No country or US state has laws specifically banning it because it only involves mentally tracking cards, not manipulating game outcomes. However, casinos are private businesses and can still remove, restrict or ban players they suspect of counting.
Online casinos make the practice essentially pointless through continuous shuffling, Continuous Shuffle Machines, and RNG (Random Number Generator) blackjack, which resets the virtual deck after every hand.
The one notable exception is New Jersey, where a 1980s court ruling prevents casinos from banning skilled players. If you want to improve your odds at online blackjack, basic strategy and smart game selection are your best legal options.
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Table of Contents
- What Is Card Counting?
- Is Card Counting Illegal?
- Card Counting Laws by Country
- Does Card Counting Work in Online Casinos?
- When Card Counting Crosses into Illegal Territory
- What Casinos Can Legally Do to Card Counters
- What Works at Online Blackjack?
- Conclusion
What Is Card Counting?
Card counting is a specific strategy used in card games like blackjack. It involves keeping track of the cards that have been dealt in an attempt to predict what will come up next. Players who count cards watch what comes out of the shoe and mentally assign values to them:
- Low cards (2-6): Positive value +1
- High cards (10s and face cards): Negative value -1
- Middle cards (7-9): Neutral
The player keeps a mental tally to get an idea of whether the remaining deck has more high or low cards. Higher cards are seen as favoring the player, while lower cards favor the dealer. It’s important to note that there's no special devices, no deception and no interference - which is why card counting is not generally seen as a form of cheating.
Cheating is defined as manipulating the outcome of the game for the player’s gains. Cheating involves things like colluding with dealers, physically marking the cards, or in an online context, finding some way to mess with the randomization. On the other hand, card counting involves tracking cards that have legitimately already been dealt and it’s a way of predicting outcomes, not changing them.
Is Card Counting Illegal?
We’ve already established that card counting isn’t explicitly illegal. There are currently no jurisdictions in the world where card counting is a criminal offence. Not even places like Nevada, where much of the economy is built around gambling.
What is illegal - in both an online casino and land-based casino context - is any form of cheating. So, what’s the difference between cheating and counting cards? Well, cheating has a very specific definition.
In Nevada, the statute NRS 465.015 about Crimes and Liabilities Concerning Gaming states:
1. "Cheat" means to 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.
None of these criteria apply to counting cards, which is simply a method of keeping a mental tally of what has already come out of the shoe. While counting cards can influence your own decisions when playing strategic games, it can’t change the payouts or results of the game.
No matter whether you’re playing high roller casino games or just spending a few dollars, you can’t be arrested simply for counting cards mentally. But things might be different if you’re using a device. For example, in 2023, a Malaysian man was sentenced to 40 months in jail after he was found using a device to count cards in a casino in Singapore. On the other hand, professional blackjack player Ken Uston won a case back in the early 1980s, resulting in Atlantic City casinos being forbidden from excluding skilled players.
Card counting occupies a fascinating legal grey area; it's entirely lawful, yet casinos retain the right to refuse service under private property laws. The key distinction courts have consistently upheld is between influencing your own decisions and altering the outcome of a game.
Several US laws might be misinterpreted as applying to card counting. One is the Interstate Wire Act of 1961, which focuses on where bets are placed and only relates to sports, so it has no impact on card counting. Another is the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), which deals with the regulation of real money online casino sites, but doesn’t ban any strategies.
In most cases, because a casino is a private business, it can decide on its own policies and rules. Because counting cards can slightly reduce the house edge over time, it poses a financial risk to the casino. Casinos might deem counting cards as giving a player an advantage, which feels unfair to both the actual casino and to other players.
It’s important to remember that a casino’s policy can be very different from the actual law and the stricter casinos are about counting cards, the more people will continue to think that the practice is against the law.
Card Counting Laws by Country
No matter where you are in the world, you’ll want to be 100% certain that card counting isn’t illegal and that there are no traps you can fall into. Things do vary a little across countries and states, but again, there are no laws against mentally counting cards.
United States
The laws in the US are very clear: there are absolutely no federal or state laws that ban mentally counting cards. On the other hand, actual cheating crosses a legal line, specifically in gambling-friendly states like Nevada.
For example, the NRS 465.085 states that it is “unlawful to manufacture, sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of this chapter” if the device “affects the result of a wager by determining win or loss; or alters the normal criteria of random selection, which affects the operation of a game or which determines the outcome of a game”. This puts card counting with mechanical devices firmly into the “illegal” category.
On the other hand, even though mental card counting isn’t illegal, casinos are private properties and they reserve the right to remove people from their premises.
The New Jersey Exception
We’ve mentioned a few times that casinos can ban you for counting cards, but New Jersey is an exception. Back in 1979, Kenneth Uston was excluded from playing at the Resorts International Hotel in Atlantic City due to card counting. When he disputed this, the Supreme Court of New Jersey ruled in his favor and concluded that New Jersey Casino Control Act gives the state’s regulator the authority to set rules for casino games, not the individual casino. The result was that casinos in New Jersey cannot ban players for using strategies like card counting.
But just because a casino can’t kick you out for counting cards, doesn't mean they’ll just let it slide. Casinos tend to shuffle cards more frequently to make counting more difficult, impose betting restrictions, or have lower table limits in general.
United Kingdom
The Gambling Act of 2005 states that cheating at gambling is an offence, but there’s nothing in the act that defines card counting as a form of cheating. The use of information or mental strategies is not considered cheating, but interference of a casino’s system, colluding with staff, or match fixing (in the case of sports bets) are forms of cheating.
According to UK law, casinos - even UK online casinos - are private businesses, so they can set their own rules and terms for admission. This means that if a casino suspects a player of counting cards, they can simply ask you to leave, or change the game conditions, for example by shuffling or limiting the size of bets.
Canada & Australia
Canadian online casino laws and Australia take a very similar stance to the UK and the US when it comes to card counting. In Canada, section 209 of the Criminal Code R.S.C., 1985, c. C-46 defines cheating at gambling as illegal, but counting cards is not considered cheating. In the 1995 case of R v Zalis (Ontario), players were accused of cheating, but the court deemed that counting cards was not in fact a form of cheating.
Europe & Macau
While there is no EU-wide law that relates to counting cards, all of the member states take a similar approach including Irish casino sites. Card counting is not deemed against the law anywhere in Europe, unless a device is used. In Macau - a major gambling market - card counting is also not illegal, but casinos tend to be quite strict on what they allow. Macau casinos are highly proactive and able to spot people trying to count cards. These casinos tend to remove or ban players more quickly than casinos in other regions.
Here's a quick summary of the jurisdictions we covered above:
| Jurisdiction | Legal Status |
|---|---|
| USA (Federal) | LegalNo federal or state laws ban mental card counting. Using electronic devices to count cards is illegal under statutes such as Nevada NRS 465.075. |
| USA (New Jersey) | Legal + ProtectedCasinos are prohibited from banning players for card counting following a landmark 1980s Supreme Court ruling. Casinos may still shuffle more frequently or impose betting limits. |
| UK | LegalThe Gambling Act 2005 does not define card counting as cheating. Casinos can still ask players to leave under private property rights. |
| Canada | LegalSection 209 of the Criminal Code defines cheating as illegal, but card counting is not considered cheating; confirmed in R v Zalis (Ontario, 1995). |
| Australia | LegalTakes the same approach as the US and UK. Mental card counting is not considered a form of cheating unless devices or collusion are involved. |
| EU | LegalNo EU-wide legislation addresses card counting. All member states treat mental card counting as legal; use of a device may cross into illegal territory. |
| Macau | LegalCard counting is not illegal, but casinos are highly proactive in identifying counters and tend to remove or ban players faster than in other regions. |
Does Card Counting Work in Online Casinos?
While card counting may technically be legal, it’s not going to get you any closer to a win at online live dealer casinos. This is because online casinos have systems in place - like Random Number Generators and continuous shuffling - to prevent players from using this type of strategy.
Online casinos offer two types of online blackjack: live dealer versions, which are similar to the experience in a land-based casino, and Random Number Generator games, where everything is virtual. While card counting is theoretically possible in live dealer blackjack, you’re unlikely to get any results because the cards are shuffled regularly, and the shoe is often changed during the game.
Modern online blackjack platforms are engineered specifically to neutralise advantage play. Continuous Shuffle Machines and RNG resets after every hand don't just make card counting difficult. They make it mathematically irrelevant.
Why RNG Blackjack Makes Counting Pointless
Random Number Generator (RNG) blackjack games don’t use a physical deck. Each hand is generated by computer algorithms, which makes the game completely fair and unpredictable. After each hand, the virtual deck is changed to a brand new one, which means that card counting is meaningless.
It’s also important to understand a bit about deck penetration. This refers to how far into the shoe the dealer gets before reshuffling. In RNG blackjack, there is absolutely no penetration because the deck doesn’t get depleted over time.
To put things simply, card counting is difficult anyway, but in RNG games it’s mathematically impossible.
Why Live Dealer Online Blackjack Still Defeats Card Counters
While live dealer blackjack on casino apps and sites creates a similar environment to a land-based casino, it’s still no good for card counters.
Live dealer blackjack involves an actual, professional dealer, dealing the cards from a physical show. Players take a virtual seat at the table and watch the action via an HD, live video stream. Unlike in a land-based casino, the live dealer environment is very controlled so counting cards is much harder.
For example, live casino games often use a Continuous Shuffle Machine, which takes used cards and feeds them back into the deck immediately, keeping the cards in constant rotation and lowering the deck penetration. A deck penetration of 80% or more is considered favorable to players, but many online tables reshuffle after 50% to 70% of the shoe has been used, while others do it even earlier at 25% to 50%.
Online live blackjack also has other measures in place to prevent strategies like card counting. At land-based casinos, players can often “spread” bets, in other words increase stakes when play is favorable. Online casinos have stricter betting limits and fast pacing, to remove this aspect. While players at land-based casinos can engage in “wonging” (observing a table and then joining when the time is right), this isn’t really possible at New Zealand online casinos, due to limited spaces and the fact that continuous play limits entry.
Gambling sites are also able to use computer algorithms to monitor betting patterns in a much more accurate way than land-based dealers or pit bosses.
When Card Counting Crosses into Illegal Territory
Card counting is down to mental skills and your ability to keep a running tally - so, is card counting actually illegal at online casinos? The answer is no. On the other hand, if you’re using any device to assist you, that’s when things start to stray into illegal territory.
One key example is in Nevada. The Revised Statute 465.075 makes it illegal to possess or use a device which:
- Track cards
- Predict outcomes
- Analyse probabilities
- Suggest betting strategies
The statute even calls out card counting devices, so they are very clearly against the law.
You might have heard of the MIT Blackjack Team, a group of students and ex-students who used card counting and other strategies to effectively win at blackjack against the casino. Was what they did legal? Technically, yes. A group of people sharing information and using mental maths to count cards isn’t illegal. On the other hand, if they had used electronic devices or colluded with dealers, their activities would have been illegal.
There are other illegal casino strategies too, outside of counting cards. For example, marking cards so that they can be identified later is mentioned in the Nevada Statute 465.085, and working with casino staff, for example, dealers, is considered an explicit form of cheating.
What Casinos Can Legally Do to Card Counters
Even though card counting isn’t illegal, casinos don’t want you to do it. In general, casinos are private businesses so they reserve the right to remove or even ban players if they deem it necessary.
If a land-based casino suspects that you’re counting cards, the first steps are usually to re-shuffle the cards or limit your bets. Later, you might be asked to leave the table and finally you might be formally excluded, in other words banned from the casino. If you return, you could get into legal trouble for trespassing - which isn’t the same as counting cards, as this is actually against the law. In Nevada, for example, trespassing is a misdemeanor and it can come with a fine of up to $1,000, or up to six months in prison.
Getting banned from one casino doesn’t mean that you can just go and start counting cards at the next place. These days, casinos can share information via networks and software companies like Biometrica Systems provide casinos with surveillance equipment including facial recognition technology, which can identify problematic players.
Is card counting actually illegal in online casinos? Just like at land-based casinos, no, it’s not illegal. You can’t be arrested or sent to jail for trying to count cards at an online casino. However, if an online casino picks up suspicious patterns, it can impose limits on your account (for example, maximum stake limits) or exclude you from claiming bonuses.
If things escalate, an online casino might do additional due diligence into your account, which could result in your account being closed. Keep in mind that sites licensed in jurisdictions like Malta and the UK can void bets or put funds on hold; this usually only happens if players engage in collusion or fraud, which is explicitly against the site’s T&Cs.
What Works at Online Blackjack?
By now, we’ve established that counting cards won’t help you when you’re playing live blackjack online. But don’t despair as there are other strategies you can use to try to reduce the house edge and get the best possible payouts.
Basic Blackjack Strategy
Mastering basic blackjack strategy is essential if you’re going to play the game online or at a land-based casino. Blackjack strategy helps you reduce the house edge (without interfering with the game) by knowing the optimal moves to make each time.
It’s simply about learning a basic set of rules, so that you can decide when to hit, stand, or double based on the cards in your hand and what the dealer has. Blackjack strategy is widely available online (usually on an easy-to-read card), it’s completely legal, and it works for all variations of the game including live dealer and virtual games.
Game Selection
Different blackjack games have slightly different rules and as a result, the house edge can vary a little. Choosing a game with a lower house edge gives you a better chance of winning.
The standard blackjack payout is 3:2, with a low house edge of just 0.5%. However, there are some games that pay out 6:5, increasing the house edge by about 1.4%. Different tables also have different rules for what the dealer does on a soft 17 (a hand totaling 17 with an Ace included). When the dealer hits on a soft 17, the house edge increases by roughly 0.2%.
Finally, the number of decks has an impact on the house edge. Single-deck blackjack is best, but it’s unlikely that you’ll find this at online casinos. Games that use six to eight decks generally have a house edge of about 0.4% to 0.5% more.
Understanding Bonuses and Their Limits
Using an online casino bonus can help you maximize your gameplay and possibly win more money when you’re playing online blackjack. Some online casinos hand out deposit bonuses when you top up your account, others give you free chips to use in the live casino, while others still offer cashback on blackjack, giving you a way to reduce your losses during the promo period.
Keep in mind that some promos might not be valid for blackjack, or that blackjack might contribute a reduced amount towards wagering, so make sure you check the T&Cs carefully before you claim an offer.
Conclusion
We’ve answered the key question: “Is card counting actually illegal?” To recap, while counting cards isn’t illegal - and it might even get you some results at land-based casinos if you’re really careful - there’s no point trying it at the best online casinos. Legal online gambling sites have features like constant shuffling to ensure that counting cards has absolutely no impact, and while it might feel a lot easier trying to count cards from the comfort of your own home while you play online, it won’t do you any good.
If you want to be successful with blackjack online, the best thing you can do is learn basic strategy, so that you know exactly what moves to make depending on the cards that come out of the deck. And even though being so good at blackjack might feel criminal, it’s totally within the law!
Is Card Counting Actually Illegal? FAQ
Is card counting illegal in the US?
There are no federal laws in the US that ban counting cards, and it’s also not illegal in any specific states. Cheating at gambling by using devices or interfering with the potential outcomes of the games is against the law, though, especially in states like Nevada.
Is card counting illegal in the UK?
Is card counting illegal in Australia or Canada?
Can you count cards at an online casino?
Why doesn't card counting work in RNG blackjack?
Does card count work in live dealer online blackjack?
What happens if an online casino suspects me of counting cards?
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