Is Gambling Illegal In Indiana
Section IC 35-45-5-4.5 Notice of illegal gambling to operator - Sec. 4.5 (a) A prosecuting attorney may send written notice to an operator described in section 2(c) or 3(b) of this chapter. The notice must: (1) specify the illegal gambling activity. 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.
Those who wish to enjoy a responsible gambling hobby in the United States have an uphill climb ahead of them. Proponents of the hobby need to overcome not only the negative stigma associated with casual gambling, but perhaps one of the most confusing legal landscapes to navigate in all the country. Regular gamblers know how fun the hobby can be when enjoyed responsibly, but many prospective gamblers never get to see for themselves due to the high degree of misinformation and bad popular assumptions abound in pop culture at the moment concerning the subject of Indiana gambling laws.
“Unlawful gambling” (Section 35-45-5-2) is a class B misdemeanor in Indiana. The crime is defined as when someone “knowingly or intentionally engages in gambling” that isn’t explicitly regulated by the state. The statutes also includes a law which defines “professional gambling”, found in IC 35-45-5-3, Sec 3. Indiana is also one of a select few states which have chosen to specifically outlaw internet gambling, and what’s more to make it a felony. Professional gambling is also punishable as a felony, as is promotion of gambling. The state does possess a lottery, and some pari-mutuel wagering racetracks.
In an attempt to hurt organized crime and racketeering operations back in the 60’s, several federal laws were passed through the Supreme Court that helped to outlaw and criminalize the facilitation of gambling throughout the country while leaving the gambler him or herself well enough alone.
From here, most states add their own legislation concerning the hobby. Most states use the template provided by federal law in shaping their own policies, but each state has unique wrinkles. The purpose of this webpage is to help guide Indiana residents through the confusing legal landscape surrounding a gambling hobby as well as help to steer them towards the safest means of taking part in one possible.
Legality of Gambling in Indiana
The State of Indiana actually expounds upon the federal laws with regards to gambling and goes to the lengths to both define and criminalize gambling. That’s the bad news. Indiana Code chapter 35-45-5-1 section one, heading d defines gambling as “risking money or other property for gain, contingent in whole or in part upon lot, chance.” Unfortunately, this is a fairy encompassing definition that eliminates the most popular forms of gambling. Additionally, the same Indiana Code goes on to classify the offense of “unlawful gambling” as a class B misdemeanor, which can land a resident in jail for 180 days and up to a $1,000 fine.
There is, however, good news. Although being caught gambling on land in Indiana does constitute a criminal act, it is not one that is actually prosecuted within the state. In fact, in the entire history of state legislation, no otherwise honest Indiana resident has ever been brought up on charges for merely gambling. While the letter of the law forbids it, the spirit and intent of gambling laws within the state are in place and always have been in place to attack those who would facilitate gambling, not mere participants.
However, this should not be taken to mean that gamblers living in Indiana have free reign with legal immunity when it comes to their gambling hobby. Residents of the Hoosier State need to take special care to not fall into the trap of “professional gambling,” which comes with incredibly steep legal penalties.
Chapter 35-45-5-3 of the Indiana gambling code classifies professional gambling as a Class D felony on just a first offense. This entails anywhere from six months to three years in a state prison, along with a $10,000. Any subsequent offenses are hit with a class C felony, which also carries a $10,000 fine but a jail sentence of up to eight years.
It goes without saying the Indiana residents should be extremely careful to avoid this crime.
What Is Professional Gambling? How Is It Different?
The good news for Indiana residents is that Indiana gambling laws offer several distinctions between what state legislation defines as “unlawful gambling” versus “professional gambling” besides just the hefty penalties attached to the latter and the fact that the former is really not prosecuted within the state.
In order to take part in “unlawful gambling” one must make a bet on a game of chance or some future event over which they have no control (think sports betting, or even betting on the outcome of something like a political race) and in order to place that bet, they have to give the money to someone. That person who takes the money is well on their way to being in the business of “professional gambling.”
How far on their way are they? Merely one stipulation. They must be in a position to make a profit off of the gambling event for which they are taking money. Keep in mind that this does not mean they are winning bets and wagers where the playing field is even for them and other participants, but that they stand in a position to make money even if they do not place any bets on the event.
The most popular means of doing this are by operating a table game as the “house,” (because in table games the house always has the highest chance of winning) operating a sportsbook in which they collect money on losing bets and assume the responsibility for paying out winning bets, or, in the context of a social poker game, either charging admission for the privilege to play or collecting a “rake” from the game. Rake is a small percentage of each pot collected as profit for the host of the game.
Just so long as an Indiana resident can avoid these very specific actions with related to gambling ,they should be able to avoid any and all negative attention associated with their new hobby.
Betting Laws In Indiana
When the federal government passed the Professional and Amateur Sports Protection act of 1992 which effectively banned the facilitation of all sports betting in the United States, four states were exempt. Unfortunately, Indiana was not one of them. This being the case, there are no land based facilities in Indiana through which a resident may bet on a sports event.
However, the act of betting, just as the act of gambling in general in Indiana is not prosecuted, so if one finds a legal venue to bet, be it in a small group of friends with no “bookmaker” or over the internet, the law should have no cause to take up arms.
With the strict definition of “Professional Gambling” that Indiana endorses, casino games are nowhere to be found on land, at least in a legal, state sanctioned venue. The key work here is “land.” Indiana has sanctioned several riverboat casinos in which a resident may purchase a cruise ticket and spend all their time aboard the boat gambling on all means of casino games.
Still, these are often restrictive means of gambling and come with strict time limits. Indiana residents are already subject to a lax enforcement of gambling law, and are free to use the internet for casino games as well.
Due to the enormous popularity of poker and the money state sanctioned facilities bring in, many states allow room in their legislature for poker games to be allowed by defining them as “games of skill” rather than “games of chance.” Indiana does no such thing, claiming that poker is at least in part reliant on chance, and therefore fall under the definition of gambling.
However, if in Indiana resident deeply wishes to play poker in a casino environment, the riverboat casinos in Indiana are all open for business, and host many poker tables. It’s also worth noting that the Indiana legislation makes many exceptions for what they consider to be “social gambling.” A small poker game amongst friends would certainly seem to fall in this category. For poker in Indiana, while options are not ideal, when you take into account the riverboat casinos, an active social life and the internet, there is no reason a prospective player should not be able to find great poker action somewhere nearby.
Legal Gambling Age In Indiana
If there is one takeaway from long write-ups concerning Indiana gambling laws, it should be this: gambling is complicated in the legal sense. Although it’s possible, it’s really not a situation one should complicate further, therefore, we cannot recommend highly enough that one wait until they are at least 21 years of age before attempting to gamble in any of Indiana's land-based casinos.
If one is caught gambling underage in the state of Indiana, not only will they be subject to any punishments from the state, but whichever facility catches the minor gambling will surely place a ban on that person as well as seizing any winnings or funds already spent in the casino. In order to preserve both their criminal record and their bank account, we strongly recommend Indiana residents avoid underage gambling.
| General | Lottery | Casinos | Poker | Pari-Mutuel | Bingo |
|---|---|---|---|---|---|
| 18 | 18 | 21 | 18 | 18 | 18 |
Indiana Gambling Options
On-Land: Although there are no state sanctioned, land based casinos in Indiana, there are several riverboat casinos available to Indiana residents all along the Ohio River. Aboard these boats, gamblers are able to participate in all forms of table games as well as slot machines and even poker. For all intents and purposes, these casinos function identically to any casino in Las Vegas.
For a few hours at least. Upon purchasing a ticket, prospective gamblers are entitled to a full cruise around the river, generally lasting about four to six hours. Although some casinos will allow gamblers to buy consecutive tickets, most will not, meaning your gambling experience is limited to an incredibly narrow window. Still, this is a preferable alternative to states who have no sanctioned gambling at all, and even if the options are narrow, it can still make for a fun afternoon out.
Online/Web-Based: What if someone interested in gambling who lives in Indiana wishes to gamble more frequently for a smaller period of time, or indeed to have the ability to gamble without investing in a riverboat ticket? The answer is on the internet.
Through the advent of legal online casinos, Indiana residents may gamble when, where, and however they like. It has already been established that while gambling in Indiana is technically illegal, it is not a prosecuted crime, which means that as long as Indiana residents are not engaged in professional gambling, they should be safe from the long arm of the law.
Is Gambling Illegal In Indiana State
Now, one may be wondering how these online gambling networks are able to function legally in Indiana where professional gambling is such a heavy crime. They are able to pull this off by establishing themselves and operating overseas, in countries where gambling is legal. In foreign territories, they are well out of reach of not only Indiana, but federal jurisdiction, providing Indiana residents with a fully legal and legitimate operation through which they can gamble 24 hours a day, 7 days a week.
While the thought of gambling with a foreign entity may make some prospective gamblers nervous, there is really no cause for alarm. In order for all of these websites to operate legally in their home countries, they must be certified by reputable international agencies such as the Kahnawake Gaming Commission. This not only assures fair play in all games and wagers with these sites, but efficient, secure, and speedy payouts as well.
Trusted Indiana Online Gambling Sites
Live Sports Betting, Big Poker Tourneys, 24-Hour Casino
When it comes time for you to select the perfect legal gambling site open to Indiana residents, you must take a few key aspects into consideration. To you want to place bets with the most reputable and complete sportsbook in the business? Perhaps you’d prefer access to hundreds of legal online poker rooms with a variety of stakes and tournaments, or maybe even an online casino with all kinds of table games and thousands of different slot machines. As you may have guessed, there’s no need to choose – Bovada has all three!
As the world leader in legal online gambling networks, Bovada has been providing a top notch product will stellar customer service to Indiana residents for well over 20 years. No website carries speedier or more reliable payouts, ensuring that you collect and keep your winnings faster than you can with any other gambling website. As often as once a month, Bovada will even cover all fess associated with a payout, meaning you get the most out of your winnings! Go on and sign up for Bovada, it’s risk free and you’re sure to love it.
Best Overall Betting Sites Taking Indiana Players
Still Have Questions? How To Get Additional Help:
Here at IndianaGamblingLaws.com we do not even pretend to be lawyers. While we are confident that all of the information on this page is accurate, it cannot be considered an official legal consult. If you have additional questions, please establish contact with a lawyer or pay a visit to the state's online legal code database where the exact language of Indiana gambling laws are on full display.
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.
Is Gambling Illegal In Indiana County
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.
- U. S. Poker Site
- Compatibillity
- Editor Rating
- Deposit Bonus
- Very player friendly
- Generous cashback
- Great mobile play
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)
[3] Indiana Gaming FAQ’s (//www.in.gov/igc/files/Gaming_Control_FAQs.pdf)
[4] Indiana Gambling History (//www.in.gov/legislative/ic/2010/title35/ar45/ch5.html#IC35-45-5-3)
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