Overview of Illinois Gambling Laws
The state of Illinois has a well-thought-out approach when it comes to regulating gambling and setting punishments for those who break the laws related to . The Illinois Criminal Code lays out all the essential details regarding what’s considered illegal and punishable by law. Today, we’re going to talk about Title 25, Offenses Against Public Order and Decency, which contains several sections that are relevant to gambling activities.
Awesome Casinos in Ontario, Canada You Need to Try (2023)First off, let’s take a look at Section 28–1, which explains what’s considered gambling and what the general prohibition stands at. According to the text, “whoever bets any money or other property...upon any game...commits gambling”.
However, the section continues and says that "this Section shall not be construed to prohibit any lawful game played for money when not more than stakes permitted by statute are bet on each and every hand, round or play.” This essentially means that Illinois has established certain laws for gambling that are legal and have specific restrictions (like stake limits), which we will discuss later. Any other type of gambling that isn’t listed as being legal in the state is outlawed and can get you a fine between $50 and $2,500 and/or up to one year in county jail for first-time offenders. Subsequent convictions can lead to higher fines and up to two years in jail or both. If the gambler is underage, the punishments are harsher, with fines reaching $2,500 and detention for six months in addition to the regular sentence.
Sites Where You Can Get Free Slots with Real Win OpportunitiesMoving forward, let’s see what Section 28–3 has to say about operating a game. According to this section, "a person who owns, leases, occupies, or possesses any premises or any equipment used in connection with gambling...commits operating a game." Once again, there’s an exception stating that this section doesn’t apply if the game falls under the definition of legal gambling in Illinois. Operating an unlawful game from your private property can result in a fine anywhere between $50 and $2,500 and/or up to one year in county jail or both. If the criminal record shows that this isn’t your first offense, then the fine increases to a maximum of $2,500 and/or up to two years in jail or both. If the offender is under 18, then they face a lower fine of up to $500 but can be held in custody for six months in addition to the regular punishment.
Section 28–4 of the Illinois Criminal Code focuses on advertising gambling, which is also considered a misdemeanor. The section reads that “any person who prints, publishes, distributes, or displays any card, paper, writing, or advertisement, for the purpose of encouraging or inviting others to engage in gambling…commits advertising gambling.” The punishment is either a fine of up to $2,500, up to one year in county jail, or both. For subsequent offenses, the punishment remains the same except that the fine can reach $2,500, and the offender can spend up to two years in jail or both. However, the section includes an obvious exception for advertisements promoting legal forms of gambling in the state.
Inviting people to participate in gambling activities is also illegal and can get you in trouble with the law. Section 28–5 is clear that "a person who invites, entices, or willfully permits any person to use his real estate for gambling...commits inviting or enticing to gamble". Once again, the exception states that this section doesn’t apply if the activity was legal. Inviting minors to gamble comes with the same penalty as operating an unlawful game, while inviting adults to gamble carries a punishment of a fine of up to $2,500, up to one year in county jail, or both.
Classic Slots Online You Need to Try - Big Win CatSection 28–6 forbids conducting banking games, defining it as "a person who operates a banked game...commits conducing banking games". It’s important to know the difference between banked and non-banked games since this information could tip off authorities that you’re breaking the law. Non-banked games happen when all players contribute to the prize pool, whereas banked games have an house edge due to the operator having more money in play compared to the players. Conducting banking games is only a misdemeanor, regardless if you’ve been convicted before or not. The fine goes up to $2,500, the jail time reaches one year, and the suspect can receive both penalties.
Loaning money while betting yourself is a sure way of breaking the law according to Section 28–7 that states "a person who makes a bet with someone else and loans or leads on loaning money to enable the other person to meet any possible loss...commits loaning to bet". Betting on a boat, an airship, or a vessel is considered illegal gambling according to Section 28–9, while using waste material for gambling purposes is mentioned in Section 28–10. Even simulating gambling actions is considered a misdemeanor as per Section 28–11. Lastly, Section 28–12 forbids the use of mechanical amusements for gambling purposes. All these sections fall under Title 25, Offenses Against Public Order and Decency, but have their own punishment methods. Make sure you familiarize yourself with them before putting your money at risk.
After analyzing the Illinois gambling laws, we can conclude that most offenses are only considered felonies on the third conviction. However, there’s an exception found in Section 28–2 that focuses on lying, cheating, or stealing while gambling. The section specifies that "a person who lies, cheats or steals in making a wager...commits gambling" and adds that for first or second offense, this crime is treated as a Class A misdemeanor. A Class A misdemeanor in Illinois can bring along a fine of up to $2,500 and/or up to one year in jail. However, repeat offenders are looking at a Class 4 felony, which increases the fine to $25,000 or double the gain from the offense, plus jail time of 1–3 years.
Another important factor stated in the Illinois Compiled Statutes is that all gambling crimes contain a statute of limitation of one year. This means that the offender can’t be charged with a misdemeanor over a gambling offense after one year has passed since the crime was committed. However, if the suspicion is for a felony, the statute of limitation is 2 years for a Class 4 felony, 3 years for a Class 3 felony, 4 years for a Class 2 felony, 5 years for a Class 1 felony, and 7 years for a felony with a potential death penalty. After this period has elapsed, the accused can’t be found guilty no matter how much evidence the police find.
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Il. Rev. Stat., ch. 38, §§ 28–1 to 28–12 (1979).
Legal Gambling in Illinois
Even though Illinois considers most gambling forms outside its regulatory system, there are still some activities that are completely legal for residents and visitors to enjoy without fearing prosecution. The Illinois Gaming Board is responsible with licensing and regulating all legal casinos available in the state and is also in charge of the video gaming terminals, video gambling, race tracks, bingo halls, charitable raffles, and lottery. You can find all the necessary information on their website, including licensed venues and operators, regulations, and responsible gambling resources.
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There are nine casinos in operation in Illinois that offer slots, table games, poker rooms, and sometimes racing. However, you have to be 21 years old or older to enter the casino floor and pay a $10 fee that has no expiration date and is not refundable. The good part is that you don’t have to be a US citizen or a resident alien to enter the casino, but only have to be of legal age.
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Poker Rooms
If you love playing Texas Hold’em or other types of , then you’ll be happy to learn that all nine casinos from Illinois have dedicated poker rooms. However, you should check the schedule because some casinos transform the poker room into another gaming area when poker is less popular. To play poker legally in the state, you have to pay the $10 casino entrance fee and usually a small entry fee for each tournament or sit ‘n go. Rush Street in Chicago, Riv’s Big Game in Chicago, Rivers Casino Poker Room in Des Plaines, Hollywood Casino Poker Room in Aurora, Argosy Card Room in Alton, Harrah’s Casino Hotel Kansas City Poker Room in Rockford, Grand Victoria Casino Poker Room in Elgin, Diamond's Casino & Poker Room in Munster, Horseshoe Hammond Poker Room in Hammond, Ameristar Casino East Chicago Poker Room in East Chicago are some of the best based on player reviews.
Bingo
Many organizations rely on bingo revenue to finance their causes so Illinois allows charitable gaming sessions as long as they follow the rules and obtain the necessary licenses. The games allowed are bingo, instant bingo, and special games based on bingo. However, raffles cannot include blackout or coverall patterns and the top prize can’t exceed $50,000. Also, live bingo events can last a maximum of 18 hours per session and 54 hours per week while instant bingo can last 5 days per week for a maximum of 83 hours. One vehicle can raise only one session but multiple sessions with different names are accepted. The minimum age required to play bingo in Illinois is 18 years old.
Lottery
Powerball, Mega Millions, Lucky Day Lotto, Pick 3, Pick 4, and Illinois Jackpot are the types of games available for the Illinois Lottery. You can purchase tickets not only from specialized lottery agents but also from gas stations, supermarkets, drugstores, and other retailers. In order to buy a ticket, you have to be at least 18 years old. So far, nobody won the jackpot and stayed in the shadows so we can only hope that one day an Illinois resident will hit the big prize and change his/her life forever for the better.
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Legally speaking, hosting a home poker game with an entry fee and prizes should be considered unlawful because it falls under the definition of operating a banking game. However, in reality, the Illinois authorities tend to overlook such events if the organizer is careful and doesn’t make it clear that this is not a casual poker night with your friends. It’s best to keep the buy-ins and prizes to a minimum while occasionally moving the location where you play poker. Another piece of advice would be to not advertise the event too aggressively and maybe even ask for a donation instead of imposing a mandatory entry fee.
Daily Fantasy Sports
Although daily fantasy sports (DFS) got mixed up with real-money gambling and attempted prohibition in 2015 and 2016, today DFS is considered legal in Illinois. However, companies operating in the state are required to obtain an annual license worth $10,000 and submit a $500,000 bond for at least one year. Moreover, users are vetted to verify they’re at least 18 years old and located within the state borders. While under fire, lawmakers believed that DFS involves too much gambling elements and targets minors too much, but in the end common sense prevailed and regulators agreed that skilled players using knowledge to overcome the competition is something different than flipping a coin.
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Both historical racing machines and parimutuel wagering on horse racing are legal in Illinois. There are four racetracks offering live racing meetings throughout the year alongside off-track betting locations. You can place your horse racing bets at riverboat casinos, OTBs, and even at some licensed offshore sportsbooks. If you want to attend a meeting in person, you can go to Fairmount Park in Collinsville, Hawthorne Race Course in Stickney, Arlington International Racecourse in Arlington Heights, or Illinois State Fairgrounds Exposition Building in Springfield. However, you should know that you must be at least 21 years old to enter the casinos and the race tracks.
Charity Games
Charities can rely on various fundraising opportunities in Illinois as long as they have the proper authorizations and do nothing against the law. Apart from running bingo sessions, charities can organize charity poker tournaments, raffles, and other types of events dependent on chance or skill as long as they pay the fees, hire dealers for games like roulette, craps, and blackjack, and don’t exceed the commercial limitations. A paid non-profit organization can’t realize more than half of its net proceeds from all charitable games and electronic games combined. Additionally, a non-profit organization can’t realize more than $2,500 from electronic games and no more than $1,200 from gambling games.
Outlook for Regulation Changes
Illinois has gone through a tough legislative process in regards to regulating online poker and other iGaming products. The first bill appeared in 2017 and died in Senate Assignments. In 2018, a revised version of the bill was introduced but the Illinois Legislature adjourned without taking any action. Although 2019 seemed to be another failed attempt after the bill was referred to Rules Committee, the chairman decided to bypass this committee and send the proposal to the full chamber where it actually passed. However, things didn’t go so well in the Senate so the House reapproved the bill in 2020 but Governor J.B. Pritzker put it on hold because of a budget impasse.
It seems that politics are often getting in the way of regulating internet poker in Illinois so we may have to wait a few more years until lawmakers figure out a solution.
Poker Laws in Nearby States
When state officials decide to seek advice from their colleagues, they often look at what other governors and politicians did in similar contexts. This is why it’s important to know the poker laws in nearby states so that you can draw a complete picture of what’s happening in this industry across multiple jurisdictions. Here are brief guides for Iowa, Indiana, Wisconsin, Kentucky, Missouri, and Ohio.
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Iowa does things big especially when it comes to gambling laws. The state government made several attempts before finally passing a bill to regulate online sports betting and poker in 2017. However, Governor Branstad chose to veto the bill although the House reapproved it. Eventually, in 2018, Governor Reynolds signed SF617, allowing up to 18 online licenses per land-based casino. As a result, five major brands – Harrah’s, Amerisstar, Isle Casino, Meskwaki Casino, and Prairie Flower Casino – launched their online platforms in 2019 and 2020.
Punishment for playing unregulated poker range between a simple warning and a $750 fine for players. Hosting or operating an illegal poker site in Iowa is considered a serious misdemeanor that can lead to a jail term of up to one year and a fine of up to $6,250. Advertising illegal poker sites can result in a fine of between $500 and $750. As for the actual poker rooms, you have to be at least 21 years old to enter a casino and play poker.
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Horse racing and its associated gambling activities are legal in Indiana thanks to off-track betting facilities and the four race tracks that host live meetings. You can also enjoy poker at the four brick-and-mortar casinos without needing preliminary authorization, but you must be at least 21 years old and pay a $10 fee that cannot be refunded. Participating in raffles, bingo, and similar games organized by charities requires some authorization and paying various fees. Playing, selling, or offering Illinois poker sites is strictly forbidden and can get you in serious trouble with the law.
Wisconsin
Wisconsin is quite strict when it comes to gambling and has even increased the fines for certain gambling offenses in 2009. According to the Wisconsin Statutes, Chapter 942, all forms of gambling are illegal with the only exceptions being bingo and raffles for charitable or political purposes, legitimate horse racing bets, and Indian gaming authorized by the state. The minimum fine for operating an illegal poker site in Wisconsin is $25,000 for the first offense and the judge can decide an additional year in prison or both. Subsequently, the fines can reach $50,000 and/or up to two years in prison or both. Playing at an illegal site is also illegal and can lead to a fine of at least $5,000 for the first offense and a 30-day jail term plus extra $100 for each day the offense continues.
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Kentucky has a confusing set of laws when it comes to poker. On one side, the state prohibits all forms of gambling that aren’t explicitly legalized; on the other side, the authorities seem to turn the other cheek when it comes to home poker games with small entries and no outside assistance. According to KRS § 528.030, better known as the Kentucky Gambling Laws, everything from the list below is illegal:
- “Anything of value given for a chance to win a premium”
- “A premium is anything of value other than admission ticket or evidence of payment”
- “Chance” means “any opportunity, whether or not deliberate or intentional, directly or indirectly, to win a premium”
- “Play” means “any part of a lottery”
- “Scheme” means “a plan for a lottery”
However, the following definitions are made to ease the restrictions a little bit:
- “Admission ticket” means “a printed card, coupon, or similar item representing admission to a raffle”
- “Evidence of payment” means “a printed card, program, coupon, or similar item evidencing a person’s right to participate in bingo”
- “Bingo” means “the game commonly known as bingo”
- “Raffle” means “a lottery that offers as premium only money, registered bonds, or other securities”
According to the same law section, it is unlawful for anyone to operate an illegal poker room, advertisement included. Players are supposed to refrain from participating in any form of gambling that hasn’t been approved by the state.
Missouri
Missouri is one of those states that are very clear when it comes to prohibited activities, so there are no tricks in the text containing the gambling laws. Chapter 572 of the Revised Statutes of Missouri defines all sorts of illegal gambling activities, including but not limited to:
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- “plays or otherwise engages in a banking game,”
- “loans or lends money to a banker”, or
- “wagers or bets on any game”
The law goes on for almost two pages while listing all the definitions related to gambling offenses in “banking” and “nonbanking” games, but the punishment consists of either a class A misdemeanor or a class B misdemeanor depending on the severity of the crime.
Ohio
Ohio follows a liberal path when creating a list of exceptions for its main gambling law (Section 2911.01):
- “Bingo games conducted by religious corporations, societies, or associations”
- “Sell, offer for sale, or offer by way of subscription, or distribute any chances or tickets for a raffle”
- “Conduct a lottery”
- “Operate eight linear racing machines”
- “Engage in simulation gambling”
- “Make, sell, offer for sale, keep for sale, give, or have in possession any device, machine, equipment, or paraphernalia employed or used for engaging in conduct prohibited under this chapter”
- “Place a wager on the outcome of a sporting event”
- “Engage in fantasy sports”
All other activities are considered gambling and therefore forbidden unless covered by one of the previous exemptions. Knowingly promoting an illegal gambling brand is also illegal in Ohio and can lead to some serious problems.
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Since online poker has already been regulated in the Illinois House, the next step is to make the same move in the Senate followed by an approval from the governor. It’s hard to predict when this will happen given the fact that the senators can introduce new bills or the governor can simply change his mind, but we can remain optimistic and hope for the best. If everything works out, the Illinois Gambling Board will release a tender for online poker licenses and hopefully some reputable brands will enter the market. Meanwhile, Illinois residents can play at licensed offshore poker sites that have a great reputation among local players.
