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.
The first PA poker site, PokerStars PA, went live in November 2019, over two years after the law legalizing and regulating it passed.Another six casinos have obtained licenses to offer online poker, in addition to BetMGM, an approved qualified gaming entity (QGE). Pennsylvania has a state-run lottery, which is a part of several national jackpots. Online gambling became regulated in 2017, so more legal Pennsylvania online gambling sites should be available in the coming years. What laws cover online gambling in Pennsylvania? Pennsylvania Gambling Age: 18 for lottery, bingo, and racing, 21 for casinos; Smoking ban: Pennsylvania permits casinos to set aside a percentage of the floor for smoking areas; Online gambling status: Horse racing is the only form of legal online gambling.
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.
Online Gambling Pennsylvania Apps
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.