Illegal Gambling Indiana
Strangely enough despite its name Indiana doesn’t have a single tribal casino. The state takes a remarkably inconsistent approach to gambling, imposing some of the stiffest penalties for the simple act of playing a social home game, yet running some of the most profitable gambling operations in the United States on a handful of choice licensed riverboats.
Indiana is also one of a select few states which have chosen to specifically outlaw internet gambling, and what’s more to make it a felony. Professional gambling is also punishable as a felony, as is promotion of gambling.
The state does possess a lottery, and some pari-mutuel wagering racetracks. Charity gaming is also allowed within certain parameters, and that’s pretty much all. The state has a long history of strictly controlling gambling, and a correspondingly rich history of illegal operations, often run by mobsters.
The most notable tale of old-time gambling in the state is the notorious Long Beach Turf Exchange, which for all that it was short-lived, lives on in the collective memory due to its sheer and insane extravagance and ambition.
The police on Wednesday arrested as many as 14 persons for allegedly indulging in gambling at a house in Kilpauk.Police said a special team led by the Kilpauk Police Inspector K. Murugesan, raided the. Ten people were indicted by a grand jury on charges connected to a two-day investigation into illegal gambling in Randolph County. 1, authorities conducted an investigation. Legal consequences for unsanctioned gambling. Punishment ranges from jail time to fines, depending on how the state looks at illegal gambling operations. In Texas, for example, illegal gambling is a misdemeanor, subjecting you to up to around $1,000 in fines and potentially months (but not more than a year) in jail. Hoppe is accused of supplying illegal gambling games to Spin City from May 2017 to February 2019. Two women from Flint and a man from Wilmington, N.C., were charged with operating illegal gambling. This 'pre-reveal' device allows a player to see the outcome of a wager before proceeding, but a judge rules this week that it still violates the state's gambling laws.
Set up by one Johnny “Fix-em” Condon in 1901, the Exchange was apparently a “castle protected by stockades, barbed wire and picket fences, armed lookouts in sentry boxes, alarm boxes, ferocious bloodhounds…and with tunnels leading outside the grounds and arrangements for setting fire to the place if the police succeeded in gaining an entrance” according to a quote from journalist Herbert Asbury found on this historical site [1].
Condon was said to ferry gamblers from Chicago by train, offering luxury and sanctuary from the authorities. The operation gained so much notoriety so quickly that it was in fact shut down within months, but remains the most daring illegal gambling locale in Indiana’s history.
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The Letter of the Law
The law is firm in Indiana – anything not specifically exempted in the statutes counts as illegal gambling, and while in some cases one might be just charged with a misdemeanor, many acts may qualify as felonies including professional gambling, internet gambling and promotion of gambling activities.
The helpful minds at Gaming Law Masters break down the statutes with some clarity in this document [2].
It appears that professional gambling is defined fairly broadly, with several types of cause qualifying, such as being a player who “conducts any banking or percentage games played with cards, dice, or counters, or accepts any fixed share…” Another potential qualifying cause is given as being someone who “accepts or offers to accept for profit, money or other property risking in gambling.” It seems that anyone playing regularly for a living in the state would be breaking the law under these provisions.
Promotion of gambling is also a felony, and consists of either hosting a game, using or transporting a gambling device, or transmitting / receiving gambling information prior to a gambling event taking place.
Unlawful gambling is listed as a lesser offence, being a class B misdemeanor.
Are Online Gambling Sites Legal in Indiana?
This one’s pretty clear cut in Indiana. The Gaming Law Masters website gives the definition as “knowingly or intentionally using the Internet to engage in unlawful gambling within the State or with a person located in Indiana”, and declares it as a class D felony. This would seem to include both players and providers of gambling, although one would imagine that there would be still stiffer and additional charges for anyone running internet gambling from within the state.
So just don’t even think about gambling online in Indiana. Some speculate on the state’s ability to regulate such a law with regard to individual players, given privacy laws in the USA. The bottom line is that it’s a serious crime in the state of Indiana to take part in any form of internet gambling.
What Forms of Gambling In Indiana Are Legal?
There are a few possibilities for a wager which exist within the law in Indiana. There are licensed horse racetracks in the state, where pari-mutuel wagering is allowed. Indiana Downs is the state’s frontline venue for thoroughbred and quarter horse racing, and also offers simulcast betting.
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The state has offered a lottery since 1989 after approval from voters in a referendum, and you can read more about where the proceeds go on their official site.
Games of cards, dice, roulette and bingo are permissible in the case of licensed charitable organizations, with state-defined limits on prizes awarded and various other restrictions.
The fourth and most significant exemption under Indiana state law is that allowing riverboat casinos, within very strictly defined parameters. Primarily, riverboat casinos are only allowed in counties contiguous to Lake Michigan, to the Ohio River or those found in the Lake Patoka area. Furthermore, these riverboats must have a schedule of motion, and not allow gambling while docked (with certain exceptions).
In a culturally interesting clause, riverboats must “fairly replicate nineteenth century Indiana steamboat passenger vessels”. This is quoted from the statutes on the Gaming Law Masters’ website referenced above. Of course vessels must also be fully licensed as casinos, and there is naturally a limit to how many casinos the state will allow to operate at any one time.
Indiana state law has drawn up a list of games which are allowed in these licensed riverboat casinos, which extends to twenty-one games. The most well-known games allowed on this list are baccarat, twenty-one, poker, craps, slot machines, “video games of chance”, roulette, keno and pull tabs.
Indiana Riverboats
The Indiana state government very kindly provides this list of licensed riverboat casinos in the state.
With thousands of slots and hundreds of video poker machines, the Horseshoe Casino in Hammond is perhaps the most impressive casino in Indiana. The poker room features 34 tables, and tournaments run every day of the week. The buy-ins range around $150, and there’s a $500 entry running once a month. Find the full summary of their schedule here.
The Hollywood Casino in Lawrenceburg is another serious contender, offering over 2,500 slots, 74 table games and a poker room which runs 19 tables, at least two tournaments a night, and hosts a $300 monthly event.
The Majestic Star near Gary is a fine establishment which also runs daily poker events, has over 60 table games on offer and numerous machine games as well. They also run a range of promotions including a $5,000 prize pool divided between the 20 most successful slots players every Thursday.
If you’re interested in comparing the twelve or so options Indiana offers in the way of riverboat casinos, jump on to this page from USA Today where a brief guide is offered.
For the poker tournament players amongst you, if that’s what you really want to know about you can find a full listing here thanks to Cardplayer.
Venture down to one of these licensed gambling venues, but be prepared for the potential amusement factor when you see how these modern day behemoths attempt to fairly imitate nineteenth century vessels. This workaround by the French Lick Springs Hotel is particularly uproarious, though I’m unsure how they get around the “no gambling while docked” ruling.
Recent Developments
2012 saw the worst financial returns in the Indianan casino industry for some time, with attendance and the wider economic downturn blamed for this in this article by NWI which covers the hard numbers. The Pharos Tribune lays more of the blame on neighboring Ohio, whose casino market is currently expanding, noting that Indiana has seen a downswing in casino profits over the three years from 2009 to 2012.
As the industry scrambles to compensate, plans are afoot to bring riverboat casinos to dry land, to lower taxes on casino revenue, amongst a number of other initiatives. The governor has however indicated that he is not in favor of expanding the casino industry at this time, as discussed in this Cardplayer article.
Touch screen gaming is making serious inroads in the state as well, with a new variant of touch screen roulettemaking headway which offers Indiana casinos a larger house edge, something they will surely be glad of in these straitened financial times.
Busts and Arrests
A major bout of illegal sports ring activity was quelled by police in early 2013, in the run-up to the Super Bowl. 400 people and over $200,000 were involved, and several venues are implicated. Those involved may end up being charged with unlawful gambling, and the organizers will surely face felony charges. A document from the State Police on this matter can be viewed here.
Internet cafes illegally offering online gambling, frequently in the form of sweepstakes, have been an issue across many a US state. Indiana is no exception, and a number of associated busts have occurred.
An undercover police officer exposed one such operation in New Haven in 2011, revealing that he was able to play “Vegas style” gambling games on the premises. Those responsible are being charged with multiple felonies as a result of their choice of business operation.
Finally, an illegal poker game allegedly running seven days a week and under police scrutiny was busted in 2007, shortly after having been robbed at gunpoint according to Pokernews. $6,000 in cash, computers and gambling equipment were seized in the raid which also caught one state trooper red-handed, sitting at the table engaged in play. The Pokernews article cites regular players as claiming that numerous police officers used to take part in the daily games, although police did not confirm these claims.
Summary
If you want to gamble in Indiana and remain on the right side of the law while doing so, you’ll have to keep to the following options.
You can take part in the state lottery by purchasing tickets from licensed retailers. If you like a horse race, you can attend one of several licensed horse racetracks in the state and take part in some pari-mutuel wagering or simulcast betting. You can participate in any licensed charity gaming event in the state, be it a card game, dice game, roulette or bingo.
Other than that, you have one very clear and overwhelmingly popular option, to attend one of the twelve or so licensed riverboat casinos within Indiana. Head down to one of these fine venues and sit down to play any one of twenty-one state approved games, including poker, craps, baccarat, slot machines and roulette.
Whatever you do, just don’t try to track down the modern equivalent of the Long Beach Turf Exchange. Not only do such places most likely no longer exist, but the penalties for illegal gambling are such in Indiana that anything along those lines would not only be breaking the law, but also a pretty clearly foolhardy pursuit.
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.
Illegal Gambling In Indiana
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.
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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.
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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.