Online Gambling Pa Law
Online gambling in the state of Pennsylvania is not legalized, yet there is nothing in the state gambling laws that says it is a crime. Another thing we feel we need to emphasize to Pennsylvania residents is that we are not now and never have claimed to be lawyers. We recommend you seek more experience assistance about these laws by speaking to a lawyer. Online gambling at our sites is always safe, secure, and reliable.
Pennsylvania Gambling Laws
The uphill battle of legalizing online gambling in the state of Pennsylvania had been ongoing for five years when on October 30, 2017 the struggle finally ended as Gov. Tom Wolf signed the online gambling expansion into law. Since Pennsylvania’s gambling expansion became law in 2017, there has been incredible anticipation surrounding the launch of online casinos in the state. Both Pennsylvanians and those in surrounding locations couldn’t wait to try out the Keystone State’s take on mobile casino play. Pennsylvania is the most populous US state with legal, regulated online gambling in 2020. The omnibus expansion package Gov. Tom Wolf signed into law in 2017 authorized interactive gaming across multiple verticals — including lottery, casino, fantasy sports, sports betting, and poker. Class of Income Gambling and lottery winnings is a separate class of income under Pennsylvania personal income tax law. Between July 21, 1983 and Dec. 31, 2015, all prizes of the Pennsylvania Lottery were excluded from this class of income. Online Gambling Becomes Law in Pennsylvania. Tom Wolf signs legislation to allow online poker, daily fantasy sports, casino games and slots.
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§ 5513. Gambling devices, gambling, etc.
(a) Offense defined.–A person is guilty of a misdemeanor of the first degree if he: (1) intentionally or knowingly makes, assembles, sets up, maintains, sells, lends, leases, gives away, or offers for sale, loan, lease or gift, any punch board, drawing card, slot machine or any device to be used for gambling purposes, except playing cards; (2) allows persons to collect and assemble for the purpose of unlawful gambling at any place under his control; (3) solicits or invites any person to visit any unlawful gambling place for the purpose of gambling; or (4) being the owner, tenant, lessee or occupant of any premises, knowingly permits or suffers the same, or any part thereof, to be used for the purpose of unlawful gambling. (a) of this section shall be seized and forfeited to the Commonwealth. All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of intoxicating liquor shall apply to seizures and forfeitures under the provisions of this section. (b) Confiscation of gambling devices.–Any gambling device possessed or used in violation of the provisions of subsection (c) Antique slot machines.– (1) A slot machine shall be established as an antique slot machine if the defendant shows by a preponderance of the evidence that it was manufactured at least 25 years before the current year and that it was not used or attempted to be used for any unlawful purposes. Notwithstanding subsection (b), no antique slot machine seized from any defendant shall be destroyed or otherwise altered until the defendant is given an opportunity to establish that the slot machine is an antique slot machine. After a final court determination that the slot machine is an antique slot machine, the slot machine shall be returned pursuant to the provisions of law providing for the return of property; otherwise, the slot machine shall be destroyed. (2) It is the purpose of this subsection to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes. (d) Shipbuilding business.–Notwithstanding any other provisions of this section, a person may construct, deliver, convert or repair a vessel that is equipped with gambling devices if all of the following conditions are satisfied: (1) The work performed on the vessel is ordered by a customer who uses or possesses the vessel outside of this Commonwealth in a locality where the use or possession of the gambling devices on the vessel is lawful. (2) The work performed on the vessel that is equipped with gambling devices is performed at a shipbuilding or repair yard located within a port facility under the jurisdiction of any port authority organized under the act of December 6, 1972 (P.L.1392, No.298), known as the Third Class City Port Authority Act. (3) The person provides the Office of Attorney General, prior to the importation of the gambling devices into this Commonwealth, records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel. (4) The person stores the gambling devices at a secured location and permits any person authorized to enforce the gambling laws to inspect the location where the gambling devices are stored and records relating to the storage of the gambling devices. (5) If the person removes used gambling devices from a vessel, the person shall provide the Office of Attorney General of Pennsylvania with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer. (6) The person submits documentation to the Office of Attorney General of Pennsylvania no later than 30 days after the date of delivery that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel. (7) The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this Commonwealth in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the Office of Attorney General of Pennsylvania no later than 30 days after the date of delivery that the gambling device has been delivered to the customer. (e) Penalty.–Any person who fails to provide records as provided in subsection (d) commits a summary offense. (f) Definitions.–As used in this section, the term “gambling place” does not include a vessel that is in the process of construction, delivery, conversion or repair by a shipbuilding business that complies with subsection (d).
§ 5514. Pool selling and bookmaking. A person is guilty of a misdemeanor of the first degree if he: (1) engages in pool selling or bookmaking; (2) occupies any place for the purpose of receiving, recording or registering bets or wagers, or of selling pools; (3) receives, records, registers, forwards, or purports or pretends to forward, to another, any bet or wager upon the result of any political nomination, appointment or election, or upon any contest of any nature; (4) becomes the custodian or depository, for gain or ward, of any property staked, wagered or pledged, or to be staked, wagered, or pledged upon any such result; or (5) being the owner, lessee, or occupant of any premises, knowingly permits or suffers the same, to be used or occupied for any of such purposes.
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Every popular form of gambling in America is represented in Pennsylvania. The state regulates each form of gambling a bit differently. To understand Pennsylvania gaming law, we should start with a look at how the state defines illegal gambling.
It’s simple. The Pennsylvania Crimes Code says plainly that “… all forms of gambling are illegal” unless the Pennsylvania Legislature authorizes a gambling activity by name in a law or amendment to a law. That makes our job easy. If the state code doesn’t explicitly legalize a gamble, it’s not legal.
To take that definition further, let’s look at the definition of unlawful gambling according to PA. People who take part in gambling that is not “… specifically authorized by law” are guilty of unlawful gambling. That definition comes directly from the state’ criminal code, specifically Section 5512.
But these definitions leave some room for questions. Pennsylvania code doesn’t define the word “gambling” at any point. That means we can’t know for sure if certain forms of wagering (modern gambles like daily fantasy sports and online casino games) are explicitly legal or illegal. A strict definition of the word “gambling” would clear that up for us – unfortunately, it doesn’t yet exist in the law books.
If you’re convicted of the crime of unlawful gambling, you’ll face a misdemeanor charge for the offense, but the state code doesn’t provide a specific penalty. We’re not lawyers, but we aren’t sure how the state could sentence a person if the criminal code doesn’t provide a proper schedule for restitution.
Private gambling is one area where Pennsylvania’s laws are overly harsh. By a strict reading of the state’s criminal code, all private games are illegal. Technically, the only crime related to a private game that’s written in the state code says that it is illegal to host a private game, whether or not you charge admission or stand to profit from hosting the game at all. This is an antiquated rule that’s out of step with the rest of the country.
The state allows more forms of charitable gambling than is common in the United States. Allowances for everything from 50/50 raffles (which are explicitly illegal in many American states) to bingo games and casino night-style fundraisers exist in state law. Provided that the operator of such a game is a recognized non-profit with ties to a charitable organization, and that 100% of proceeds go to a fundraiser, these games are fully legal. The rules and regulations that govern these games are extensive, so make sure you know the law before you plan to host an event of this type.
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A strangle wrinkle in Pennsylvania law also allows for class-II electronic games and even low-stakes slot and video poker games in bars, nightclubs, and other businesses identified as a “tavern” by state law. You can find these games in bars all over the state, though the stakes are so low that they’re probably of little interest to gamblers looking for a Las Vegas fix.