In some cases, taking a rake may be considered illegal. One reason is that the operators of some home or private poker games might charge a rake without proper licensing or authorization from the state or local authorities, which leads to a situation where the legality of taking a rake becomes questionable.

Legality. In most legal jurisdictions, taking a rake from a poker table is explicitly illegal if the party taking the rake does not have the proper gaming licences and permits. The laws of many jurisdictions do not prohibit the playing of poker for money at a private dwelling, provided that no one takes a rake.