Is Gambling Illegal In Indiana
Indiana also is one of the few states to bother to mention the internet in regards to gambling within its legislation. Again, as is the case with federal law, ‘Professional Gambling’ (the act of facilitating bets for profit) is strictly prohibited and Indiana gambling laws make certain to include the internet for such unlawful activities. “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.
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.
- U. S. Poker Site
- Compatibillity
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- 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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Indiana is a gaming-friendly state. You can find casinos offering Class three
gaming, a state lottery and charitable bingo style games.
Indiana has a harsher view on online gaming and social games though.
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Online Gambling and Indiana Law
Is Online Gambling Legal in Indiana?
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 a game of
chance in Indiana.)
Can I Get Arrested for Gambling Online in Indiana?
Yes, you can get arrested for gambling online in Indiana, and they charge you
with a class D felony if you are arrested and prosecuted.
Although law enforcement hasn’t been focusing on individuals gambling online,
they still have grounds to arrest any resident taking part in online gambling
which includes playing in or running an online casino.
We’re committed to providing complete information on this site. Our
recommendation is to obey the laws in your state, but we’d be remiss in our duty
of providing complete information if we didn’t point out that the risk of arrest
and/or prosecution for online gambling is minimal. Enforcement activities
traditionally focus on providers rather than customers.
Is Indiana Going to Legalize Online Gaming?
It’s unlikely we will ever see any Indiana gambling sites. Indiana doesn’t
seem interested in adding any additional types of gambling to their state. If
anything, Indiana is more strictly enforcing the laws now.
How do I Choose a Good Online Gaming Site?
If you’re looking for “Indiana gambling sites,” offshore companies, which
accept bets from players in the state of Indiana, are an option for you.
You should take steps to make sure you’re choosing a good gaming site. We
offer some tips below.
- Read Reviews
- Game Variety
- Deposit Options
Search the Internet for some reviews about the gaming site
you’re considering. These reviews can give you more insight and tell you what
you should expect.
You can also type in the name of the site and the word “complaint” or “member
complaints” to find information on issues past members have had and how the site
resolved them.
You should also include your state name in your search string. You’ll be more
likely to find reviews specific to Indiana gamblers that way.
If you’re looking for an online gaming site, you already know
what type of games you’re looking for. Check what games the site offers to make
sure they have both what you want and maybe something extra, in case you want to
play a different type of game in the future.
It doesn’t make sense to sign up for a website that specializes in live table
games if you’re committed to exclusively playing video poker, and vice versa.
Know what you want to play and sign up at a site that offers those games.
Before signing up for a site, check what deposit options
they have available. You want to make sure there’s something you’re familiar and
comfortable with. You also want to make sure that the deposit options are
convenient for you.
If the only deposit option that will work is Moneygram, and the closest
Moneygram office is 100 miles away, you might want to consider a site with other
banking options.
Are Offshore Gambling Sites Safe?
Generally, offshore gambling sites are safe if they’re licensed.
Check out the type of license that the site you’re considering has, and what
the regulations they have to follow are. Some places are stricter than others
and have more restrictions on what they can and can’t offer. Some sites are
unable to offer casino games to certain states.
You can also look into how long the site has been in business. If they have
been in business for a long time, you know they must have some loyal customers
who are happy with their service.
Many of the sites we recommend are happy to take action from gamblers in
Indiana. We’re confident that players who follow up on our recommendation won’t
be disappointed by the customer service at any of these properties.
Are Daily Fantasy Sports Legal in Indiana?
Paid daily fantasy sports are legal in Indiana.
According to section 4-33-24-1 of the Indiana Code:
“Paid fantasy sports game is not gambling”
Paid fantasy sports games are defined in the Indiana Code as the following:
“As used in this chapter, “paid fantasy sports game” means any fantasy or
simulation sports game or contest that meets the following conditions:
(1) The values of all prizes and awards offered to winning game participants
are established and made known to the game participants in advance of the game
or contest.
(2) All winning outcomes reflect the relative knowledge and skill of the game
participants and are determined predominantly by accumulated statistical results
of the performance of individuals, including athletes in the case of sporting
events.
(3) No winning outcome is based on the score, point spread, or performance or
performances of any single team or combination of teams, or solely on any single
performance of an individual athlete or player in any single event.
(4) The statistical results of the performance of individuals under
subdivision (2) are not based on college or high school sports.
(5) All participants must pay, with cash or a cash equivalent, an entry fee
to participate”.
Also On This Page
Gambling Venues in Indiana
The Furture of Gambling in Indiana
More Gambling Laws in Indiana
- Casino Games (Legal)
- Sports Betting (Pari-Mutuel Betting Only)
- Race Betting Betting (Pari-Mutuel Betting Only)
- Lottery (Legal)
- Bingo (Charitable Games Only)
- Social Gambling (Legal With Restrictions)
The Indiana Code defines gambling as:
“risking money or other property for gain, contingent in whole or in part
upon lot, chance, or the operation of a gambling device; but it does not include
participating in:
Is Gambling Illegal In Indiana
(1) bona fide contests of skill, speed, strength, or endurance in which
awards are made only to entrants or the owners of entries; or
(2) bona fide business transactions that are valid under the law of
contracts.”
Unlawful gambling can result in a class B misdemeanor. Here’s what the
Indiana code says about unlawful gambling:
“a) A person who knowingly or intentionally engages in gambling commits
unlawful gambling.
(b) Except as provided in subsection (c), unlawful gambling is a Class B
misdemeanor.”
Casino Games: Legal
Indiana has a handful of casinos throughout the state. The first casinos that
were authorized in Indiana were riverboat casinos. Land based casinos weren’t
legalized in Indiana until 2011.
The casinos in Indiana are allowed to offer a variety of casino games,
including blackjack, poker, craps, roulette and slot machines.
Sports and Race Betting: Pari-Mutuel Betting Only
Pari-mutuel betting is allowed at licensed horse racing tracks. Indiana has
two horse racing tracks in the state.
The Indiana Code defines pari-mutuel betting as the following:
“‘Pari-mutuel wagering’ means a system of wagering in which those persons who
wager on horses that finish in specified positions share the total amount
wagered, minus deductions permitted by law.”
Here’s what the Indiana Code says about pari-mutuel betting:
“A person holding a permit to conduct a horse racing meeting or a license to
operate a satellite facility may provide a place in the racing meeting grounds
or enclosure or the satellite facility at which the person may conduct and
supervise the pari-mutuel system of wagering by patrons of legal age on the
horse races conducted or simulcast by the person.”
Both race tracks in Indiana hold permits to offer pari-mutuel betting,
including the use of simulcasts.
Greyhound racing is illegal in Indiana.
Lottery: Legal
The Indian Lottery is known as the Hoosier Lottery.
According to the Hoosier Lottery website:
“The Hoosier Lottery was created by IC4-30 as a body politic and corporate
separate from state government, and functions as much as possible as an
entrepreneurial business enterprise. The Hoosier Lottery abides and is governed
by two different sets of laws, the Indiana Code and the Indiana Administrative
Code.”
Here’s the estimated contribution according to Hoosier Lottery website:
“Since the Hoosier Lottery’s inception in October 1989 through June 30, 2016:
Total Payments to Winners: $11.5 Billion
Total Payments to Retailers: $1.3 Billion
Total Transfers to the State of Indiana: $5.1 Billion
Total to Build Indiana Fund: $3.7 Billion
Total to Teachers’ Retirement Fund: $797.6 Million
Total to local police and firefighters’ pensions: $609.7 Million
Total to Help America Vote Act**: $1.8 Million
All financial figures based on Fiscal Year 2016.
**In Fiscal Year 2004, the Hoosier Lottery contributed $1.8 million to the
Help America Vote Act.”
The Hoosier Lottery offers multiple draw games, scratch offs and fast play
games.
Bingo: Charitable Games Only
Charitable bingo and other games are allowed in Indiana. Only nonprofit
organizations may get a license to host charitable games.
Here are the authorized charitable games according to the Indiana Code:
“A qualified organization may conduct the following activities in accordance
with this article:
(1) A bingo event.
(2) A charity game night.
(3) A raffle event.
(4) A door prize event.
(5) A festival.
(6) The sale of pull tabs, punchboards, and tip boards.
In addition to the events identified in IC 4-32.2-2-2, the following events
are allowed:
(1) A water race event.
(2) A guessing game event.
(3) A game of chance conducted as a fundraising activity of a qualified
organization and approved by the commission.”
Social Gambling: Legal With Restrictions
Indiana law enforcement has come down on illegal social games recently,
breaking up common low stake poker games that are held in bars.
Wagering on games of chance is illegal in Indiana unless done at approved
casinos. It’s often argued that poker is a game of skill, not a game of chance,
but that’s not how Indiana views poker.
According to the Indiana Gaming Commission FAQ web site page:
“Are card games, such as poker, games of chance?
Yes. The illegal gambling statute specifically provides that “a card game or
an electronic version of a card game is a game of chance and may not be
considered a bona fide contest of skill.” See IC 35-45-5-1(l). Thus, games like
poker and euchre are considered gambling if played for money.”
Here’s what the Indiana Code says about hosting games:
“A person who knowingly or intentionally:
Is Online Gambling Illegal In Indiana
(1) engages in pool-selling;
(2) engages in bookmaking;
(4) conducts lotteries or policy or numbers games or sells chances therein;
(5) conducts any banking or percentage games played with cards, dice, or
counters, or accepts any fixed share of the stakes therein; or
(6) accepts, or offers to accept, for profit, money, or other property risked
in gambling;
commits professional gambling, a Class D felony. However, the offense is a
Class C felony if the person has a prior unrelated conviction under this
subsection.”
Hosting a game at home could land you a class C felony charge.
Any game of chance or skill can be played as long as nothing is wagered.
Gambling Venues in Indiana
According to the Indiana Gaming Commission website, Indiana has 12 casinos:
1) Ameristar Casino East Chicago
777 Ameristar Drive East Chicago, IN 46312
(877) 496-1777
2) Rising Star Casino
777 Rising Star Drive Rising Sun, IN 47040
(800) 472-6311
3) Hollywood Casino
777 Hollywood Blvd. Lawrenceburg, IN 47025
(888) 274-6797
4) Hoosier Park Racing
4500 Dan Patch Cir Anderson, IN 46013
(800) 526-7223
5) Tropicana Evansville
421 NW Riverside Dr. Evansville, IN 47708
(800) 342-5386
6) Horseshoe Casino
777 Casino Center Drive Hammond, IN 46320-1000
(866) 711-7463
7) Belterra Casino
777 Belterra Drive Florence, IN 47020-9402
(888) 235-8377
8) Indiana Grand Casino
4300 N. Michigan Road Shelbyville, IN 46176
(877) 386-4463
9) Blue Chip Casino
777 Blue Chip Drive Michigan City, IN 46360-2414
(888) 879-7711
10) Majestic Star Casino
1 Buffington Harbor Drive Gary, IN 46406-3000
(888) 225-8259
11) Horseshoe Casino & Hotel
11999 Casino Center Dr, S.E. Elizabeth, IN 47117
(888) 766-2648
12) French Lick Resort
8670 West State Road 56 French Lick, IN 47432
(888) 936-9360
History of Gambling in Indiana
1988The Indiana State Lottery (Hoosier Lottery) starts.
198960% of residents in Indiana vote to legalize casino gambling, but Republican leadership denies legalizing it in 1990.
1991A proposal to license riverboat casinos passes the House, but a Senate committee rejects it.
1993To generate more income for the state, Indiana grants up to five riverboat casino licenses.
1994The Hooser Park horse racing track opens and offers on-track pari-mutuel betting.
1995Five licenses are granted to allow remote horse race betting sites to open in Fort Wayne, Merrilville, and Indianapolis
2006Indiana amends the statutes to include wording that covers internet gambling.
2007Indiana allows 2,000 slot machines to be put into each racetrack.
Additional Resources
The Future & Your Views
Indiana allows a variety of gambling activities including all casino games, a
state lottery, bingo and more.
While a handful of states are interested in legalizing online gambling sites,
Indiana isn’t at this time. Indiana has strictly prohibited Internet gambling,
so it doesn’t look like legal, regulated Indiana gambling sites will be
available soon.
If you’re looking for a place to play from Indiana, we recommend several
reputable places on our site – many of them are happy to serve customers from
Indiana. Be cautious about the legal situations, though.