There is no disputing the popularity of poker, casino games, or sports betting throughout the United States, especially not the state of Illinois. All across the country, most Americans confess to having a real interest in gambling in some form or another, but do not participate simply because of vague or downright false conceptions of the laws that govern gambling. The good news is that these laws are not nearly as restrictive as many perceive them to be, and in fact, it’s possible to gamble legally in the state of Illinois.
The following page is here to help Illinois residents come to a better understanding of the laws and regulations that govern them as it concerns gambling, whether they are most interested in poker, sports betting, or even traditional casino games. Here, we will take a brief look at some of the Federal policies that govern the act of betting before we dive deeply into individual state policies.
Aside from federal laws that govern the entire country, there are several laws written by Illinois state legislation that apply to gambling.
The state of Illinois offers one of the broadest definitions of gambling in the entire country. Although the definition covers a lot of ground, only some aspects of this law have any history of conviction amongst otherwise honest Illinois residents.
Sec. 28-1.(a)(1), (2) - This definition immediately eliminates wagering on sports or any games of chance or skill. However, it’s certainly worth noting that this is essentially scare language designed to keep Illinois residents in state sanctioned casinos and away from organized crime outfits. No otherwise honest resident of Illinois was ever brought up on charges for this definition of gambling, and unregulated, online gambling is not mentioned in the definition.
Sec. 28-1.(a)(5), (6), (8) - This definition immediately eliminates wagering on sports or any games of chance or skill. However, it’s certainly worth noting that this is essentially scare language designed to keep Illinois residents in state sanctioned casinos and away from organized crime outfits. No otherwise honest resident of Illinois was ever brought up on charges for this definition of gambling, and unregulated, online gambling is not mentioned in the definition.
Sec. 28-1.(a)(12) - Here we finally have a mention of the internet in gambling legislation in Illinois. Note that the law does not cite the use of gambling sites as a crime, only their operation. Legal offshore gambling sites like the ones on this site circumvent this policy as a virtue of their location well outside of Illinois jurisdiction.
Sec. 28-1.(c) - Although those who merely participate in gambling rather than operating it are never tried or prosecuted, players can see here that if one is ever brought up on charges for “gambling” in Illinois (defined as operating a gambling event or sportsbook) then the penalties can be quite steep. A class 4 felony can lead to some time spent in prison, so be sure and avoid this activity!
Sec. 28-1.(b)(11), (12) - This law makes the purpose of the scare language in the gambling definitions clear. Illinois is not attacking gambling from a moral standpoint, but rather protecting their sanctioned gambling facilities so that they may collect more tax money. This means that in addition to legal offshore gambling sites, Illinois residents have access to some sanctioned, land based casinos.
Sec. 28-1.(b)(13) - This legislation is here to protect social gambling amongst friends. This means that friendly wagers and games like poker are legal under Illinois law so long as the facilitator is not collecting a profit.
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It is important to come to a clear understanding on federal policies concerning gambling so Illinois residents may understand the template on which state laws are based. While most states decide on an individual basis whether they will sanction gambling within the state or not, several federal policies dictate the fate of online gambling throughout the country.
The first act to do so was the Wire Act. When Congress passed the act in 1961, it dealt a huge blow to the bookmaking industry by declaring that it was illegal to place bets using a wire service. In the early 2000’s, the Supreme Court would go on to decide that this did, in fact, include the internet.
Sports betting in the United States at large took a huge hit in 1992 when the Professional and Amateur Sports Protection act passed at the behest of then-NBA commissioner David Stern. This act prohibited any states from sanctioning sports betting on their own. Now, not only was it a criminal act to transfer betting information over state lines, it was illegal to operate a sportsbook at all.
If it seems like these laws only really apply to sports betting over the internet, the Supreme Court realized that mistake as well and subsequently passed the Unlawful Internet Gambling Enforcement Act in 2006. This act targeted all form of online gambling and made it impossible to process and Electronic Funds Transfer for gambling winnings.
A reader may now be asking what all these laws mean for the average player in Illinois. The truth is that they mean next to nothing outside of making venues to gamble legally difficult to find. Congress did not pass or write these laws to attack players, but rather bookmakers and operators of gambling. So long as players avoid operating a gambling outfit themselves, they will be safe from legal prosecution. Consequently, this has led to a huge number of members enrolled with offshore gambling sites.
Illinois does not have a legal gambling age because gaming remains unregulated in the state. Most of the sites allowing legal Illinois gambling require users to be 18 in order to register for a new account. It is strongly recommended that Illinois players follow these rules, as the repercussions for underage gambling online can result in the forfeiture of deposited funds, as well as account suspension.
Although there is a certain degree of scare language written into the Illinois state code, there is actually plenty of wiggle room to gamble legally within state lines. Just as long is Illinois residents avoid facilitating their own gambling at a profit to themselves by charging admission to other players, they should be good to go when it comes to wagering, just so long as they are careful about picking out which legal venues through which they choose to gamble, whether on land or online.
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