Is Gambling Illegal In Indiana
Welcome to FindLaw’s Indiana Gambling & Lottery Laws page. Indiana laws on gambling and lotteries regulate (and in some cases prohibit) activities such as casino gaming, horse racing, and dog racing. These laws also dictate the manner in which state lottery revenues are distributed. Riverboat gambling has a long history in the Hoosier State, and there are specific statutes on the books as to. Plenty of illegal gambling is still found in the state. For casino players, the minimum age required in Indiana is 21. For other forms of legal gambling in the state, the minimum age is 18. Charities that wish to offer gambling services need to register first by and get proper licensing to do so. While the Indiana Gaming Commission hoped mobile sports betting would begin Sept. 1, it never ruled out a two-tiered approach to launching sports gambling in the state focusing first on retail. Indiana laws on gambling and lotteries regulate (and in some cases prohibit) activities such as casino gaming, horse racing, and dog racing. These laws also dictate the manner in which state lottery revenues are distributed. Online gambling is illegal in Indiana. Here’s what the Indiana Code says about Internet gambling: “An operator who knowingly or intentionally uses the Internet to engage in unlawful gambling: (1) in Indiana; or (2) with a person located in Indiana; commits a Class D felony.” Unlawful gambling includes games of chance. (Poker is considered.
Gamblers in Indiana are not without legal options when it comes to playing their favorite games of chance and skill, but as a conservative state in the midst of the nation's heartland, they are strictly limited to those games that have received the official nod of state legislators in Indianapolis. Indeed, the Hoosier State is one of the few jurisdictions to apply the law equally to those operating illegal gaming options along with the players who frequent such establishments.
For those willing to play within the law however, there are plenty of outlets in which to scratch that gambling itch from riverboat casinos to pari-mutuel betting to participating in the state lottery. Let's examine the gambling laws in the Hoosier State, followed by the legalities of those laws regarding poker, and finally look to the future regarding whether the state will move towards the regulation of real-money poker.
Indiana Gambling Laws
While Indiana put the brakes on most forms of gambling for more than two-thirds of the 20th-century, the hunger of Hoosiers for gaming opportunities materialized in the 1980s with the introduction of the state lottery. Immediately popular, the floodgates opened on a variety of gambling including casino and pari-mutuel betting on horse races.
As of 2017, here is a brief rundown where gamblers legally stand when gaming in Indiana:
Casino Games— Indiana has authorized the establishment of riverboat casinos that offer an array of table games and thousands of slot machine-style games. While originally mandated to be on the move when game play was in action, these riverboat casinos can now operate while moored to the dock.
Sports Betting— Indiana is a huge sports loving state, but residents in the Hoosier State are limited to placing pari-mutuel wagering at licensed horse racing tracks throughout the state. Additionally, players can also avail themselves of electronic gaming machines that are available on site.
Lottery Betting— Indiana offers lottery play for its residents that include a range of gaming options from instant scratch off games to participation in inter-state games such as the Powerball where players can compete for tens of millions of dollars in winnings.
Bingo Games—are allowed for charitable fundraising purposes in the Indiana, which have to be individually licensed to be considered legal.
Live Poker—is enjoyed in the poker rooms of riverboat casinos, which also host tournaments boasting huge purses for the most talented players. Unlike many states however, Indiana does not condone social poker games where organizers are at risk of incurring severe legal repercussions if caught, and players are subject to misdemeanor charges.
Online Casinos and Poker— while willing to condone gambling activities when conducted locally, Indiana has adopted a hard stance against online casino and poker play. Indeed, the state, along with Washington and Utah, have outright banned gambling online although several offshore poker sites continue to offer Indiana denizens a place to play poker on the internet.
In general, two distinctive features set Indiana's legal code, which sets it apart from other state jurisdictions. First, the legal statutes make no distinction between games of chance and games of skill, which is often the distinction that allows room for legalized poker games. Secondly, the law specifically singles out the internet as verboten when it comes to playing a host of traditional gambling games ranging from slots to table game style play.
Indiana Online Poker Laws
As mentioned, Indiana went out of their way to ban online poker play, and in fact targeted the entire internet as forbidden territory when it comes to playing online poker or casino-style games. To begin with, Indiana's gambling laws are so broad as to probably include poker play, and its inclusion of the term 'gambling device' further expands the definition as it applies to online game play.
According to the Indiana legal code, unlawful gambling is defined as, 'knowingly or intentionally engaging in gambling that is not explicitly regulated by the state.' Further, the state's regulatory power takes aim at the operators of online sites with felony charges for violations.
Under the law, Section 35-45-5-3 states that it illegal to operate online casino, sports books, and poker. The law further criminalizes the processing of any type of payments to these online poker sites. Again, the language take aims at the operators of such sites, and casual players do not face prosecution.
That being said however, Indiana poker players could easily find an offshore-based online poker site that will willingly open an account for Hoosier State denizens. Existing in the legal grey area that is the jurisdictional reality of the internet, poker players in Indiana can access U.S.-facing sites for real money play from Indianapolis to Terra Haute and all points in between.
Is it Legal to Play Poker in Indiana?
Under the right circumstances, poker is most assuredly legal to play in Indiana. The watershed year for Hoosiers, who are also poker aficionados was 1993, and passage of a measure that allowed for the licensing of up to five riverboat casinos throughout the state. initially mandated to be on the move when gambling was underway, the state has since determined that these casinos can operate while permanently moored to the dock.
For a full array of gaming and gambling opportunities, these facilities offer table games and slot machines aplenty. In addition to table games like poker, blackjack, craps, roulette, and more, each of these sprawling facilitates houses thousands of video gaming machines from slot machines to video poker. Dotting the Lake Michigan shoreline and along the Ohio River, Indiana residents have a myriad of options when it comes to playing competitive, real-money poker.
In fact, the state moved further with a 2011 legislative measure granting the building of a single land-based casino, which resulted in an additional 38,000-square-foot of gaming space at the 3,000-acre French Lick Resort Casino. For the professional gambler, these outlets sponsor tournament level play with impressive purses, which underscores the fact that Indiana is the third largest poker market in the nation.
As authorized sites, operating under Indiana government sanction, these land-based and riverboat casinos provide all the legal cover players need for enjoying their favorite game of poker.
Straying outside those lines however, as in the case of social poker games, operators can incur substantial legal penalties for organizing games. Additionally, law enforcement has gone so far as to charging individual players with a misdemeanor for participating.
Will Indiana Regulate Online Poker?
Looking at Indiana's track record regarding the expansion of other gambling venues, one can hold out hope that the state will move towards regulating the online poker market, but they would be advised to not hold their breath. Legislation dating back more than a decade, 2006, legislators in Indianapolis specifically added language to the legal statutes that targeted internet gaming options. While the wording does not completely close the door on online poker and casino play, it does place some obstacles in the front of that door.
Knowledgeable observers believe, as is the case with more restrictive jurisdictions that Indiana might move towards regulated online gaming once they see the success neighboring states enjoy with increased tax revenues. For the present however, until Indiana residents begin crossing over state lines to play in neighboring jurisdictions, it is unlikely that the Hoosiers will be pushing the envelope in terms of an aggressive expansion of online play.
History of Gambling in Indiana
When Indiana drafted their initial constitution in 1851, they outright banned participation of lotteries. This opposition to games of chance stayed steadfast for the next 130 years until legislators authorized a state lottery with the proceeds earmarked for educational purposes. The sale proved immediately popular, and the state moved from scratch off tickets to inclusion of state players in multi-state Powerball games.
During the heady days of Prohibition, when famous mobsters ran speakeasies and gin houses throughout the Midwest, Indiana was a hot spot for illegal gaming options. East Chicago, Indiana was a noted stopping point for illicit play throughout the 1920s and 1930s. It wasn't until unremitting violence between rival gangs, jockeying for power, led to law enforcement crackdowns on illegal gaming parlors.
Indeed, the lottery proved so popular that voters passed a referendum the following year, with an impressive 60% of the vote, to push forward with legal casino gambling, but that goal took another four years to achieve after Republican state leaders blocked the expansion attempt.
Representatives in the Indiana statehouse pushed through a measure to license riverboat casinos only to see the effort stumble and fall in pass out of a senate committee in 1991. It was not until a 1993 financial emergency that legislation authorizing five riverboat casinos was passed to help balance the state's financial books.
Racetrack fans got a leg up on their favorite hobby with opening of Hoosier Park Horse Racing Track, which offered both on-track and pari-mutuel betting on their races. This would be the first of five licensed remote horse race betting sites. Additionally, beginning in 2002, each racing complex was also authorized to add upwards of 2,000 slot machines at each location. Finally, as mentioned, in 2011 the state moved forward with a bill sanctioning the building of a land—based casino complex.
References
Indiana has a long history of control that keeps in place a more conservative approach towards maintaining order, including gambling. From no carry out liquor sales on Sunday to a strict ban on lotteries that lasted from 1851 until 1988 when the statewide Hoosier lottery took hold, that has been the law of the land for Indiana.
It was in 1993 that five riverboat casinos were approved following an emergency session in congress. The hope was to stimulate $100 million a year in tax revenue. One year later Hoosier Park horse racing track opens offering on-track pari-mutuel betting. One year later five additional licensed remote horse race tracks galloped on to the gambling scene.
Although there has been little said to advance the prospect of online gaming since 2004, there has been a Bill passed to expand casinos with the licensing of dry-land casinos. As it stands now online casinos are not a part of the gaming world for Hoosiers. As things stand in 2015, Indiana still considers online gambling illegal. Actually, under state law, not only is it illegal to gamble online in Indiana, but it’s a class D felony. However, there are some 2020 gambling sites that accept Indiana residents. It is good to understand that these sites are owned, operated, regulated and licensed by offshore companies. [1]
Nestled in The Crossroads of America, Indiana gamblers are not so out of luck when it comes to online wagering. Discover real money US poker sites that offer accounts to those of you in The Hoosier state.
Indiana iGaming: Recent Headlines
Quick Jump
- 4 The Facts
Anti-online gambling laws were put into place in 2005. Since then, not much is in the works to move towards embracing online gaming,even now in 2015. While Indiana has a large population that would support an online gaming industry, the conservative tilt shows little signs of moving in that direction. With current Governor Mike Pence at the helm, he shows little signs of increasing or decreasing the current gambling scene in Indiana. [2]
Indiana is beginning to feel pressure to expand. While neighboring states are experiencing expansion so has their revenues, while Indiana’s gaming revenues saw a steep decline in recent years.
Can Players From Indiana Play Poker Online?
Although Indiana is moving into the modern age of gaming, in 2020 online gaming is still a very sensitive subject. Live games established outside of the casino walls draws the line as it is considered illegal. Law IC 35-45-5-1 states: “Gambling means risking money or other property for gain, contingent in whole or in part upon lot, chance, or the operation of a gambling device.” Factor in that according to the state of Indiana lawmakers, poker is not a game of skill, but a game of chance and by such definition is illegal. [3]
Is Online Poker Legal In Indiana?
While it is possible for online players to play by way of approved online offshore sites, it is important to remember that online poker playing in general in Indiana is illegal. However, it is widely known that no legal action is taken against those who choose to play online through legit providers and there are many reliable ones available to the avid player.
Again, the only 2020 online poker sites available to players from Indiana are ones that operate offshore. Fortunately, there are several offshore sites happy to accept Hoosier online gambling enthusiasts.
Is Gambling Illegal In Indiana Primary
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The Facts
The History Of Gambling In Indiana
Gambling for a conservative state like Indiana is a slow moving train. In 1851 the first constitution of Indiana bans lotteries. It wasn’t until 1988 did the Hoosier State lottery kick off. The profits from this lottery go directly to education, and the overall social welfare of the state.
Despite the slow build of legal gaming in Indiana, it has been the tendency of players to travel from neighboring states in order to get their game on in Northeast Indiana as well as Southern Indiana. East Chicago hosted the Big House and by the time prohibition became the rule, gaming establishments that would also provide illicit drink, so did they provide a man’s game.
Al Capone was known to flee Chicago for safety in French Lick and West Baden, Indiana. Both locations provided gaming options as well as luxurious stays. The resort area was a premier getaway destination — famed author William Faulkner even sent a character there on her honeymoon in his influential novel, “The Sound and The Fury.”
After much public outcry against such unsavory behavior in the state, much effort by lawmakers sought to bring illegal gaming to a halt in the early 50’s. By 1989 a statewide referendum is voted in with 60% of the vote. However, Republican leadership blocked it and two years later a proposal for riverboat casinos passes the House only to be rejected by a State Senate committee.
Following more failed attempts at licensing for up to five riverboat casinos was given with the belief that significant tax revenues would roll in. It didn’t stop there. A year later, Hoosier Park opens for on-track betting. Following this boost to the gambling industry came the release of five more licensed remote horse race betting sites.
Despite the constant lobbying efforts of the gambling industry as well as lawmakers, little movement has been made in establishing land casinos even after the passing of a Bill in 2011 to expand land casinos. However, Indiana has been one of only a few states that put in place specific wording that specifically targets online gambling. [4]
Regulated Gambling Options In Indiana
The Indiana Gaming Commission oversees the legal implementation and maintenance of gaming for the State. They are responsible for overseeing the 11 authorized casinos/gambling sites as well as ensuring that all gambling in Indiana be of the approve legal variety.
Indiana is quite regulated. For well over 100 years there was no increase in legal gambling in the state. Until 1988 when the Hoosier lottery came to be. All types of social gaming are deemed illegal by Indiana state law. Gambling in and of itself must be done only in those facilities that have been deemed legal by the State legislature. Although it is unlikely that online gaming would be the focus of a raid in 2020, in-home gambling has been known to be the focus of such raids.
Poker players in Indiana will find action at online poker rooms although Internet poker is not legal in the state.
The Future Of Regulated Online Gambling In Indiana
The future for Indiana iGaming and the fact that legal statements specifically pointed at a moratorium against online gambling is pretty specific. “(b) An operator who knowingly or intentionally uses the Internet to conduct any banking or percentage games played with the computer equivalent of cards, dice, or counters, or accept any fixed share of the stakes in those games”. (From: IC 35-45-5-3)
There are currently multiple influences that could alter this in in 2020. One factor that could stand in the way is Governor Mike Pence’s stance that he has little intention of either increasing or decreasing the current gaming climate. One key factor is the recent loss of revenue to bordering states. As bordering states continue to increase their gaming options and have made movements towards improved environments by enacting no-smoking bans, Indiana must respond or continue to lose their much relied upon gaming based tax-revenues.
Fun Fact
In the state of Indiana playing cards could cost you money. “A three dollar fine per pack will be imposed on anyone playing cards in Indiana under the Act for the Prevention of Gaming.”
The Bottom Line
Indiana may one day regulate online gambling, however there isn’t much rapid movement towards that at present. The reality is that as more and more gamblers turn to iGaming, and offshore online organizations for their online convenience that the state would be hard press to ignore the potential tax-revenues.
As neighboring states continue to expand gaming and make available up-to-date improvements, it is our belief that Indiana would be wise to follow suit and legalize online poker.
References
[1] Indiana Laws and Regulations (//www.gambling-law-us.com/State-Laws/Indiana/)
[2] Indiana Lawmakers Consider Gaming Expansion (//www.ibj.com/articles/49834-gambling-fight-set-to-test-governor-s-power)
Is Gambling Illegal In Indiana
[3] Indiana Gaming FAQ’s (//www.in.gov/igc/files/Gaming_Control_FAQs.pdf)
Is Gambling Illegal In Indiana County
[4] Indiana Gambling History (//www.in.gov/legislative/ic/2010/title35/ar45/ch5.html#IC35-45-5-3)
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