Online Poker Legal In Indiana

  1. This ranking only list online poker websites authorized in Indiana. Note: Delaware became the first state to legalize online gambling on June 2012; New Jersey became the third state to legalize online gambling while Nevada became the first state to legalize poker.
  2. Can You Play Online Poker in Indiana? There is currently no legislation permitting online poker in the state. Current Indiana Gambling Laws. More than a dozen land-based casinos legally operate in.

Based on this statute, a computer is considered an electronic gaming device and playing poker online through a computer and the internet, it can be constituted as illegal gambling within the state of Indiana. As Indiana does have harsh policies against those individual poker players, it is much riskier to play poker online. Bovada Poker - Most Trusted Online Poker Room For Indiana. In any industry there is most usually one name that stands out above the entire field of competition. They are the ones who provide the standard while everyone else just struggles to catch up. In the field of legal online poker for Indiana residents, that name is Bovada.

Indiana is one of those states where many residents consider gambling to be a part of normal, everyday life. Gambling has been a big part of the state’s tax revenue for years, from traditional casinos and racinos (horse racing tracks and casino establishments combined), to riverboat casinos and a state lottery that drew $188 million into Indiana’s tax coffers, not to mention paying out $495 million in prizes to winners across the state, in 2011.

With so much wagering going on in the Hoosier State, it’s rather surprising that the issue of online poker and other forms of internet gambling hasn’t been addressed in a more positive manner. As most of you know, the US government was staunchly against the concept of gambling over the internet since its passage of the UIGEA in 2006. The Department of Justice went so far as the seize the domain names of the world’s largest online poker sites – PokerStars, Full Tilt Poker and Absolute Poker – on April 15, 2011; a date that became known universally as the Black Friday of Online Poker.

If that weren’t enough to shake the online gaming industry to its core, what happened next was even more astonishing. In December of that same year, the DOJ did a complete flip-flop. Where they once claimed the Wire Act of 1961 prohibited all internet gambling, they suddenly reversed their opinion, stating online poker and casino games were exempt from the Wire Act, thus each state could make their own laws regarding the legality of online poker and casino gambling. Nevada, New Jersey and Delaware have already passes laws to regulate online poker within their borders, but where does Indiana stand?

Legality of Online Poker Indiana

Over the years, Indiana has slowly opened its doors to different forms of gambling. From 1988 to 1993, a multitude of casino propositions made their way through the assembly, but failed time and again. Finally, in an emergency assembly meeting near the end of 1993, riverboat casinos made their way onto the Ohio River and Lake Michigan, followed by three land-based casinos in central and southern Indiana. Poker has since become a big hit across the state, where WSOP Circuit events are held, as well as stops along the World Poker Tour.

As for playing poker over the internet, Indiana chose to address the issue sooner, rather than later. Legislators enacted laws to prohibit operators from presenting just about any form of online gambling to anyone on Indiana soil. Unlike most states, where the laws are as abstruse as the thought process of a menopausal woman, state law makers made it very clear that internet gambling operators are not welcome in Indiana.

With that said, let’s take a closer look at Indiana’s online poker laws. We’ll also discuss briefly any support for future legalization and regulation of online poker in the Hoosier State.

Indiana Code – Gambling

The following text is taken directly from the state government website’s documentation of Indiana Code; IC 35-45-5, Gambling. Note that some text has been omitted to maintain relativity and fluency, but care has been taken not to alter the meaning.

IC 35-45-5-1 : Definitions

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, but it does not include participating in:

(1) bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries…

Gambling Device: means any electromechanical device, electrical device, or machine that satisfies at least one (1) of the following requirements:

(1) It is a contrivance which for consideration affords the player an opportunity to obtain money or other items of value, the award of which is determined by chance even if accomplished by some skill, whether or not the prize is automatically paid by the contrivance.

(2) It is a slot machine or any simulation or variation of a slot machine.

(3) It is a matchup or lineup game machine…

(4) It is a video game machine or device operated for consideration to play poker, blackjack, any other card game, keno, or any simulation or variation of these games…

Online Poker Legal In Indiana

Interactive Computer Service: means an Internet service, an information service, a system, or an access software provider that provides or enables computer access to a computer served by multiple users. The term includes the following:

(1) A service or system that provides access or is an intermediary to the Internet.

(2) A system operated or services offered by a library, school, state educational institution, or private postsecondary educational institution.

IC 35-45-5-2 : Unlawful Gambling

Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.

(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.

(c) 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. [will be upgraded to Level 6 felony as of 7-1-2014]

Indiana Code has a lot more to say in regards to its gambling laws, but these are the ones that pertain directly to the legalities of online poker in the state. If you wish to read them in full, please use the link provided at the top of this section.

What does it all mean? Is online poker illegal in Indiana?

The fact that the terms “interactive computer service” and “gambling device” were provided separately gives cause to believe that they are not one in the same. Add to that the fact that operators are solely targeted for punishment under unlawful gambling when the internet is involved is also interesting. It all points to internet gambling being a crime, but penalizing only the operators who make their services available to residents of the state. There are no penalties specifically defined for people in Indiana who participate in “internet” gambling.

On the other hand, laws are after misconstrued, and Indiana’s online poker laws could be considered just ambiguous enough to argue that online poker might be illegal for players as well. The law states that “a person who knowingly or intentionally engages in gambling” has committed a Class B misdemeanor. Thus outlawing online gambling could put the player at fault. While poker is specifically mentioned under “gambling devices”, games of skill are clearly exempt. In 2012, a US District Judge ruled that poker is a game of skill, therefore cannot be defined as gambling. Whether that argument would hold up in a court of law is yet to be seen, as there are no known cases where a player has been charged with participating in illegal online poker in Indiana.

In the end, only a professional law practitioner could truly answer the question of whether online poker is legal in Indiana.

Is Indiana working to regulate online poker?

Indiana has yet to draft any type of online poker bill. Considering that it has one of the largest gambling industries in the US, one would think that online gambling would naturally arise as a topic of regulatory need among law makers. However, despite the abundance of legal gambling activities going on, the Hoosier State is relatively conservative on such issues. For that reason alone, if and when an online poker bill does make its way onto the legislative table, there could be strong opposition from many politicians.

Indiana Is One Of Nine States That Expressly Forbids Internet Gambling

Legal

Indiana, center of America’s heartland, is known for kids growing up playing basketball, family farms that have been in operation for generations, and a blue-collar work ethic that signifies the spirit of its people. The Hoosier State also happens to be one of only nine states that has a written law forbidding online gambling. However, despite the clear-cut wording of Internet gambling laws, Indiana residents have plenty of options at their disposal when it comes to gambling. Commercial casinos, charitable gaming, pari-mutuel wagering, and a state lottery are all legal in Indiana. But the question remains whether Indiana will continue to turn its back on online gambling or take a closer look at legalization in the interest of the additional revenue that fully regulated Internet gambling could produce for the state.

Indiana Code 35-45-5-2[1] states that any person who engages in gambling is guilty of a Class B misdemeanor. However, the punishment becomes more severe for “an operator who knowingly or intentionally uses the Internet to engage in unlawful gambling” whether in Indiana or with someone located in Indiana. Such an offense is classified as a Class D felony. And it doesn’t stop there. The Indiana Code also finds felonious activity to be bookmaking, maintaining an online gambling site, employing any form of lottery game online, and conducting “any banking percentage games played with the computer equivalent of cards, dice, or counters, or accept any fixed share of the stakes in those games.”

The law is on the books, but that doesn’t necessarily mean gamblers in Indiana are paying attention to it. Enforcement of unlawful Internet gambling is difficult, and the increased pressure on every state legislature, including Indiana’s, continues to mount as states such as Nevada, which has already enacted online poker legislation, or New Jersey and Illinois, who are considering online gambling regulations of their own. But Indiana Rep. Bill Davis, chair of the House public policy committee, isn’t sure the plunge into legalized online gambling is the wave Indiana needs to ride at the moment. “It’s one thing if you have to make a decision to drive down to Lawrenceburg or up to Gary–you’ve made a conscious decision to do so,” Davis said. “It’s another if we’ve made it so easy as you flip a button on your computer.”

Interestingly enough, Herb Simon, owner of the Indiana Pacers pro basketball team, is a major investor in California-based U.S. Digital Gaming Inc., a company that provides software, technology and security systems for online gambling operators[2]. However, with the state legislature in Indiana not yet considering such online gambling measures, it seems unlikely that U.S. Digital Gaming will be offering its services in Simon’s hometown of Indiana anytime soon.

The most recent gambling legislation of any kind to take place in the Indiana legislature was February, 2018’s Senate Bill 315, which called for changes that would make the process of obtaining licensing for charity gaming events easier as long as the organizations hosting such events meet the necessary requirements. The changes would call for only one license that encompasses all forms of charity gaming, and the minimum two-month wait for a license would be whittled down to each organization giving only 21 days notice to the Indiana Gaming Commission. The changes also would eliminate the requirement for volunteer personal information to be given to the commission.[3]

Indiana’s History of Gambling

From The “Long Beach Turf Exchange” To The “Big House” To Riverboats And Lottery Tickets

In 1901, the Long Beach Turf Exchange hauled gamblers from Chicago via a special train to the “only Monte Carlo in America,” and promised no “interference” from authorities on the local or state levels. Despite its description of being “a castle protected by stockades, barbed wire, and picket fences” and having “armed lookouts in sentry boxes,” the Long Beach Turf Exchange was so big and it got so much publicity that it met its demise within months of its opening when it was shut down by state authorities. Indiana also was home to one of the most famous gambling houses that serviced gamblers from Chicago’s south side. East Chicago, Indiana was home to a full service casino dubbed the “Big House” which operated from 1929 to 1950. It offered a taxi service to and from Chicago and boasted upscale gaming tables such as craps and roulette. It also served as the central location for bookie activity in the surrounding area. Perhaps most interesting, however, is where the Big House moniker came from. It was reported that the casino received backing from none other than Al Capone’s right-hand man, Frank Nitti. The Big House closed in 1950, but there were already other gambling establishments primed and ready to take its place. The 825 Club opened in 1949 and operated until the 1970s. The club stayed open thanks to arrangements with local authorities, who would often tip off casino operators when a raid was about to occur. The 825 Club also kept a lookout post toward the front lobby and the rear door had a two-way mirror, just in case.[4]

Since then, Indiana has established the Hoosier Lottery, which passed with 62 percent approval in a November, 1988 vote. The Indiana General Assembly ratified the Lottery Act in May, 1989, and the first scratch-off tickets were sold in October, 1989. Four more games were introduced the next year. In 2011 alone, the lottery awarded more than $494 million in prizes to the state’s lottery players and $230 million combined to the Build Indiana Fund, the Teacher’s Retirement Fund, and to the Police Officers’ and Firefighters’ Pension and Disability Fund. Since the lottery began, it has brought in $4 billion in income for the state of Indiana.[5]

After the inception of the Hoosier Lottery, horse racing got a boost when Hoosier Park opened in September, 2004. Then in 2005, five cities in Indiana opened off-track horse betting parlors. All horse racing in Indiana is regulated by the Indiana Horse Racing Commission. Before horse racing took off, Indiana also passed the Riverboat Gaming Act in July, 1993. The measure allowed ten riverboats to operate at a time, and the first one opened in 1995. By 2004, legislation was in place to add to that number. Currently Indiana has 13 casinos in operation–three land-based and 10 riverboats.[6]

Future Gambling Legislation In Indiana Likely Dependent On Other States Moving First

In a state with full service riverboat casinos, racetracks, a thriving lottery, and recently relaxed laws governing charitable gaming, the Indiana legislature is no stranger to consideration of laws on gambling. But Indiana lawmakers have not yet taken much of an interest in considering online gambling as an additional source of income for the state. If they ever did, the current regulations prohibiting online gambling would have to be completely re-written. But as the momentum of Internet gambling continues to build, and other pro-gambling states push harder to be among the first to legalize online gambling, Indiana will be forced to decide whether it will join other states in taking a chance on online gambling legalization and the potential payout it could bring.

References

[1]Indiana Code 35-45-5 – IN.gov
[2]Herb Simon banking on regulated online gambling in the USA – The Indiana Business Journal
[3]Indiana State legislature pass second charity gaming vote – National Rifle Association ILA Group
[4]A history of gambling in East Chicago, Indiana – SFSU.edu
[5]Benefits of the state lottery in Indiana – HoosierLottery.com
[6]Indiana State’s Gaming History – Indiana.edu


Comments are closed.