The five topics covered on a state-by-state basis in the chart are:
Dominant Factor Test Applied: “Chance” is one of the elements generally required to be present in order for a game to violate a state anti-gambling statute. Most states have concluded that where the elements of skill, whatever they may be, predominate over the elements of chance, whatever they may be, in determining outcome, then the “chance” element is lacking and the game involved does not violate that state’s anti-gambling law. This question considers whether the state applies this “dominant factor,” or predominance, test.
Social Gambling Allowed: The question here is whether playing for money in a purely social context is allowed,. A “social context” usually means that no player or other person, like a bookie or the host of the game, makes or earns anything other than as, and on an equal footing with, a mere player in the contest or game.
Misdemeanor vs. Felony: What constitutes a “misdemeanor” versus a “felony” is not consistent in all states. Some states distinguish on the basis of the place of possible incarceration. That is, possible sentencing to a city or county jail versus sentencing to a state penitentiary defines the difference between a misdemeanor and a felony in some jurisdictions. Most states, however, draw the distinction based on the term of the possible sentence, with a punishment of one year or less being a misdemeanor and a longer possible sentence defining a felony. The latter approach in the used in compiling the chart.
Simple vs. Aggravated: The distinction between “simple” and “aggravated” gambling is also one that varies from state to state. That terminology may not be used in a state’s criminal law at all. It may be phrased as mere “gambling” versus “professional gambling.” It may come into play only based on second or third violations of a given criminal prohibition. The approach used in compiling the chart is generally based on the presence of professional gambling, which involves those who make money on the contest or game other than as, and on an equal footing with, a mere player.
Express Internet Prohibition: The response to this question goes to whether a state has adopted a specific law criminalizing the offering and/or playing of gambling games offered over the Internet. The fact that a state has not passed a specific law does not make participation in or offering of gambling over the Internet legal under the laws of that state. The question is a complex one and is addressed in several of the articles included on this site.
http://www.gambling-law-us.com/State-Law-Summary/