Illegal Online Gambling Penalty
Montana: Big Sky Country is also home to some pretty big penalties for engaging in actions that the state considers to be illegal gambling. Online gambling is directly handled by Montana gambling law. Few poker options. Nebraska: Online poker seems unlikely in coming years, but Nebraska lawmaker proposed legal live poker in 2020 as a skill game. In 2007, the three big search engines (Google, Yahoo, and Microsoft) each paid a fine for accepting online gambling ads, but did not face criminal charges. Other publishers, such as Esquire Magazine, have been warned by the government not to take online gambling advertising. Facilitating the transfer of funds to online casinos is also a bad idea.
- Illegal Online Gambling Penalty Games
- Illegal Online Gambling Penalty Exceptions
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- Illegal Online Gambling Penalty Gambling
In decades past, gambling used to be a crime almost everywhere other than Las Vegas, Nevada and Atlantic City, New Jersey. Today, more and more states have legalized various types of gambling, ranging from Indian casinos to poker rooms and horse racing tracks. While some states have legalized certain types of gambling, other types of gambling are still illegal. All states have laws that prohibit at least some type of gambling.
Gambling is sometimes referred to as “gaming.” Depending on the language of state laws, gambling and gaming can mean different things or the two terms can be used synonymously. “Gaming” typically refers to playing games for wagers, such as craps, card games, slot machines, and roulette. “Gambling” may refer to these same types of games, but it also includes other types of activity such as sports wagers.
Gambling is defined in numerous ways, but requires betting or wagering on an outcome that is at least partially based on chance, and done so in order to win something. Illegal gambling is any type of gambling that is specifically prohibited by state law.
Gambling Involves a Bet
While most instances of gambling occur when someone bets money, courts have ruled that gambling can occur whenever a bet is made using anything of value. The item of value is sometimes known as “consideration,” and can encompass anything that has any worth. The amount of the bet doesn't matter, and as long as the property that's at stake in the game is worth some value, the game is gambling.
'Games of Chance'
State gambling laws outlaw games, bets, or wagers that are at least partially dependent on some element of chance. If a game or competition that gives prizes to winners is based on skill, such as a car race or a shooting competition, it is not considered gambling. (However, other laws or restrictions may apply in order to make such competitions legal.)
What differentiates a game of skill from a game of chance is usually determined by which of the two elements has the greatest impact on the outcome. If chance is the biggest factor, the game is one of chance, and making bets or wagers on such games is gambling. Courts have ruled that in games that involve both skill and chance, and where a small group of skilled experts routinely win, this does not necessarily make the game one of skill. In determining what defines a game of skill or chance, courts often judge the game on the average player. If the average player's chances are dominated by chance, the law considers it a game of chance.
A Chance of Winning
If you don't have any chance of winning something of value, you're not gambling. Gambling requires that there is a chance you might win something for your bet, whether it's money, property, or even more chances to play. Further, courts have ruled that you personally don't need to have placed any wager to be convicted of gambling. As long as a group of people have a chance to win something and at least some of them have made a wager, you can be convicted of gambling if you are part of the group and stand a chance at winning.
Prohibition Against Making a Profit
Those who win at gambling have obviously made some money. But aside from the players, what about the businesses who run or operate the gambling game or establishment?
Some state laws specifically allow for 'social gambling' while prohibiting gambling as a business. Business gambling occurs when a person or organization operates a gambling hall that collects fees or takes a portion of the amount the players bet. For example, a person who holds a 'casino night' party and charges an entry fee is engaged in an illegal activity in a state that prohibits business gambling or gambling for profit. So-called “social gambling,” where the players are all equals an no one is collecting fees or making a profit apart from the outcome of the game -- such as in a home poker game -- is often not considered illegal. However, even social gaming is illegal in some states.
Penalties
While all states criminalize gambling to some extent, they also have vastly different penalties associated with gambling crimes. The type of penalty someone faces after being convicted of illegal gambling largely depends upon the state and the circumstances of case, though sentences typically involve many of the same types of penalties. Gambling can be classified as either a misdemeanor offense or a felony, depending on the situation and state law.
Jail or Prison
Anyone convicted of misdemeanor gambling faces up to a year in a county or local jail, though state laws differ widely. Some states impose small maximum jail sentences for misdemeanor gambling, such as 20 days in jail. Felony convictions, on the other hand, can bring a year or more in prison, and sometimes as much as 10 years, especially where organized, professional gambling is present.
Fines
Misdemeanor fines for gambling are quite common, and range from a few hundred dollars up to $1,000 or more. Felony gambling fines can be significant, sometimes as much as $20,000 or more. Fines can be separate from, or in addition to, jail or prison sentences.
Probation
Instead of, or in addition to jail time and fines, courts can impose probation sentences for gambling convictions. These probation periods usually last 12 months or more. When a court orders probation it tells you to do (or not do) certain things. For example, the court may order you to stop gambling or to participate in a gambling addiction treatment program. You'll also probably have to report to a probation officer and stay out of trouble with the law. If you don't live up to the probation conditions, the court can revoke your probation and send you to serve the original jail or prison sentence.
Speak to a Lawyer
Illegal gambling charges can impose significant penalties and can have a serious impact on your life, even if you aren't convicted. Anyone charged with a gambling crime needs to speak to a local criminal defense lawyer at the first opportunity. A good defense attorney will know the gambling laws in your state and have experience with the local prosecutors, judges, and court system. It's always in your best interests to speak to a local criminal defense attorney anytime you are charged with a gambling crime.
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Unfortunately, some countries seem to be behind on the times. Rather than creating safe places for people to place wagers, or regulating betting venues to ensure integrity, they ban it.Of course, as history shows, this is totally ineffective. While most jurisdictions focus on penalties for the casino operator or betting hall, others target the individual players.
If you’re based in an area that permits gambling, but sometimes travel to other countries, it’s a good idea to become familiar with the local laws.
Middle East/ West Asia
Illegal Online Gambling Penalty Games
Much of the Middle East operates under Islamic laws, which do not permit gambling of any kind. Although some areas permit betting on races, it’s generally best to avoid it altogether. There are afew places which have clear laws against casinos and other betting venues, like Kuwait and Qatar, but the penalties for placing wagers is not obvious. Some reports indicate that at least one gambler
was beheaded in 2011 in Kuwait as a penalty for gambling, but this cannot be confirmed. If you travel to the Middle East and wish to gamble, even if it’s only online, be sure to verify whether it is
permitted in your exact location. A few areas with known policy are detailed below.
- Bangladesh- Horseracing and some other contests involving prizes are permitted, but most other forms can result in one month of imprisonment and a fine of 100 taka.
- Brunei- All forms of gambling are illegal in Brunei. They actually take it a step further, though, and anyone caught running away from a betting hall will receive the same
penalty of a better, which is up to six months in prison and a 10,000 dollar fine. - Pakistan- Only bets on horseracing are allowed. All other forms of gambling may carry a 1,000 Pakistani-Rupee fine and a penalty of a year in prison.
- UAE- Although some exceptions are made for poker and for sportsbetting, such as on horse or camel races, all other forms of gambling are illegal.
Even though most betting websites are not blocked within the region, those who are caught using them can be imprisoned for up to two years and be fined as much as 20,000 dirhams.
Asia
It’s always a wise idea to double check local laws if you’re visiting anywhere in Asia. Although some countries have clear guidelines, others have surprising ones.
For instance, in Thailand, it’s illegal to even possess a deck of playing cards. Some of the better-defined laws are listed below.
Illegal Online Gambling Penalty Exceptions
- China- Some forms of gambling are allowed, but they’re heavily restricted. Although the law doesn’t have a penalty for a casual ambler,
someone who makes a living from it can be imprisoned for up to three years and be fined an undefined sum. - Hong Kong- There are only a few types of gabling permitted and it’s generally only allowed under certain circumstances.
Those found guilty of illegal gambling may receive up to a 30,000-dollar fine and 9 months in prison. - Japan- Some types of gaming are permitted in Japan. However, if you opt for an illegal variety,
you might be fined as much as 80,000 dollars and be imprisoned for three years. - Korea- Not only is betting banned in Korea, but Koreans are not allowed to gamble anywhere, ever.
The penalty either way is the same, which can include 3 years in prison or a fine of as much as 20 million won. - Malaysia- There is only one casino in Malaysia where gambling is allowed.
Outside of that, there may be a fine of 5,000 ringgit and a sentence of up to six months. - Singapore - There are only two betting venues that provide legal gambling opportunities in Singapore.
Even online betting from another establishment can result in a 5,000 Singaporean-dollar fine and up to six months in prison. - Taiwan- It’s generally illegal to gamble in Taiwan, though there are some exceptions. Should you be caught betting,
the police may confiscate all money on site and fine you as much as 3000 yuan, plus violators may spend as much as 3 years in prison. - Vietnam- The penalties for gambling in Vietnam vary by the total amount won or lost. For example, if you win or lose 50 million dong,
you may be fined up to 30 million dong. However, it also comes with a minimum prison sentence of three years, but you could receive as many as seven.
Other Areas
Many other areas allow gambling, in its entirety, provided it’s done at a lawful, regulated establishment.
While Canada and the United States still have tighter restrictions on online gambling, the other countries detailed below are fairly lenient.
- New Zealand
- Spain
- The UK