Memphis10Tigers said:
I guess the better question would be is there any location where using only card counting (i.e. only using the previously played cards to structure betting and playing decisions) has been prosecuted as a criminal offense and won?
I doubt anywhere. At least how you present it. After all most every player, non-counters included, base their decisions on previously played cards.
Example-player is dealt two jacks for 20 total, dealer shows an eight and the other card is dealt face down. Player stands.
Even non-counters can use the ol' "there hasn't been a paint dealt in 12 cards so that means one MUST be coming out" system. Is that card-counting? Not by the definition of members of this forum. But if all a prosecutor had to prove was that a person based their playing decisions on cards that have been dealt, then maybe it could be considered card counting.
But the prosecutor most likely couldn't prove that either. It's very hard to prove that a person knows or doesn't know something. It's very hard to prove what a person is thinking in their head.