Online Gambling Age Pa

• Online Gambling Age North Carolina
• Online Gambling Age Pass

Gambling Law: An Overview

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• The Pennsylvania Gaming Control Board began accepting applications for online gaming licenses in July 2018. Nine casinos in the state applied by the initial deadline. The four Pennsylvania casinos that did not apply prior to the deadline can still do so in the future, but for an increased fee.

Pennsylvania will become the 19th state in the nation to raise its minimum tobacco buying age to 21 with an exception made for active members of the military and veterans with honorable discharges. Pennsylvania passed a gaming act in 2013 that allows tavern games, defined by state law to include tavern raffles (available to liquor licensees) for a charitable or public purpose, and other chance-based games at qualifying establishments. Casinos, venues hosting professional sporting events, grocery stores, and certain other license holders.

Gambling, though widespread in the United States, is subject to legislation at both the state and federal level that bans it from certain areas, limits the means and types of gambling, and otherwise regulates the activity.

Congress has used its power under the Commerce Clause to regulate interstate gambling, international gambling, and relations between the United States and Native American territories. For example, it has passed laws prohibiting the unauthorized transportation of lottery tickets between states, outlawing sports betting with certain exceptions, and regulating the extent to which gambling may exist on Native American land.

Each state determines what kind of gambling it allows within its borders, where the gambling can be located, and who may gamble. Each state has enacted different laws pertaining to these topics. The states also have differing legal gambling ages, with some states requiring the same minimum age for all types of gambling, while for others, it depends on the activity. For example, in New Jersey, an 18-year-old can buy a lottery ticket or bet on a horse race, but cannot enter a casino until age 21. Presumably, the age 21 restriction is due to the sale of alcohol in that location.

A standard strategy for avoiding laws that prohibit, constrain, or aggressively tax gambling is to locate the activity just outside the jurisdiction that enforces them, in a more 'gambling friendly' legal environment. Gambling establishments often exist near state borders and on ships that cruise outside territorial waters. Gambling activity has also exploded in recent years in Native American territory. Internet-based gambling takes this strategy and extends it to a new level of penetration, for it threatens to bring gambling directly into homes and businesses in localities where a physical gambling establishment could not conduct the same activity.

Internet Gambling

Federal Regulation

In the 1990s, when the World Wide Web was growing rapidly in popularity, online gambling appeared to represent an end-run around government control and prohibition. A site operator needed only to establish the business in a friendly offshore jurisdiction such as the Bahamas and begin taking bets. Anyone with access to a web browser could find the site and place wagers by credit card. Confronted with this blatant challenge to American policies, the Department of Justice and Congress explored the applicability of current law and the desirability of new regulation for online gambling.

In exploring whether an offshore Internet gambling business taking bets from Americans violated federal law, attention was focused on the Wire Act, 18 U.S.C. § 1084 (2000). The operator of a wagering business is at risk of being fined and imprisoned under the Wire Act if the operator knowingly uses a 'wire communication facility' to transmit information related to wagering on 'any sporting event or contest.' 18 U.S.C. § 1084(a). An exception exists if that act is legal in both the source and destination locations of the transmission. § 1084(b). The Wire Act’s definition of “wire communication facility” appears to embrace the nation's entire telecommunications infrastructure, and therefore probably applies to online gambling. See § 1081.

The Department of Justice maintains that, under the Wire Act, all Internet gambling by bettors in the United States is illegal. U.S. House of Representatives Committee on the Judiciary Hearing on Establishing Consistent Enforcement Policies in the Context of Online Wagers, 110th Cong., Nov. 14, 2007 (testimony of Catherine Hanaway, U.S. Attorney (E.D. Mo.), Dept. of Justice). The Fifth Circuit disagreed, ruling that the Wire Act applies only to sports betting, not other types of gambling. In re MasterCard Int’l Inc., 313 F.3d 257 (5th Cir. 2002).

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act, which made it illegal for wagering businesses to knowingly accept payment in connection with unlawful Internet gambling (though it does not itself make Internet gambling illegal). 109 Pub. L. 109-347, Title VIII (Oct. 13, 2006) (codified at 31 U.S.C. §§ 5301, 5361–67). It also authorizes the Federal Reserve System to create regulations that prohibit financial transaction providers (banks, credit card companies, etc.) from accepting those payments. See 31 U.S.C. § 5363(4). This Act, along with threats of prosecution under the Wire Act from the Department of Justice, has caused several Internet gambling businesses to withdraw from the U.S. market.

In response, House Representatives introduced multiple bills in 2007 to soften federal Internet gambling law. If passed, the Internet Gambling Regulation and Enforcement Act and the Internet Gambling Regulation and Tax Enforcement Act would license, regulate, and tax Internet gambling businesses rather than prohibit them from taking bets from the United States. Alternatively, the Skill Game Protection Act would clarify the Wire Act to exempt certain games such as poker and chess.

State Regulation

In addition to federal measures, some states have enacted legislation to prohibit some types of Internet gambling. In 2006, Washington State amended its Code to make knowingly transmitting or receiving gambling information over the Internet a felony. See Wash. Rev. Code § 9.46.240 (2006). Other states with similar prohibitions have made it a misdemeanor instead. See e.g., 720 ILCS 5/28-1 (2007).

States have not been particularly active in enforcing these laws, possibly due to a conflict with the dormant Commerce Clause doctrine. That doctrine theorizes that state law applying to commerce outside the state’s borders is unconstitutional because that power lies with federal, not state, government. In particular, federal preemption has obstructed states’ attempts to regulate gambling activity on Indian reservations within state borders. See Missouri ex rel. Nixon v. Coeur D’Alene Tribe, 164 F.3d 1102 (8th Cir. 1999). The federal Indian Gaming Regulatory Act, 25 U.S.C. § 29 (2000), governs gambling activity on Indian reservations, but the extent to which it and other federal gambling laws preempt state action in the Internet arena is uncertain.

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

• U.S. Code: Title 15, Chapter 24: Transportation of Gambling Devices
• U.S. Code: Title 15, Chapter 57, Interstate Horseracing
• U.S. Code: Title 18, Chapter 50: Gambling
• U.S. Code: Title 18, Chapter 61: Lotteries
• 18 U.S.C. §1953 (Interstate Transportation of Wagering Paraphernalia Act)
• 18 U.S.C. §1955 (Illegal Gambling Business Act of 1970)
• 25 U.S.C. §§2701-2721 (Indian Gaming Regulatory Act)
• U.S. Code: Title 28, Chapter 178: Professional and Amateur Sports Protection
• Code of Federal Regulations: Title 25, Chapter 3: National Indian Gaming Commission, Department of the Interior
• Proposed Internet Gambling Prohibition Act of 1997 (not passed)

Federal Judicial Decisions

• Greater New Orleans Broadcasting Association, Inc. v. United States, 527 U.S. 173 (1999)
• Ratzlaf v. United States, 510 U.S. 135 (1994)
• Chickasaw Nation v. United States, 534 U.S. 84 (1999)

State Material

Other References

• '14 Charged in Internet Betting' (Washington Post, March 5, 1998)

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We've compiled this legal online betting guide for US players arranged by state, to provide accurate and up to date information on the legal online gambling status and gaming options available within each US state. Our goal is to provide a comprehensive state gambling directory which will empower players with the information to make informed decisions about online gambling.

This state-specific data will include a look at the state laws governing online gambling opportunities from online casinos, online poker, to online sports betting.

Each individual state is approaching the legalization of online gambling differently, thus it is necessary to detail lawfully available state-licensed options, and sanctioned licensed offshore online gambling opportunities. We also address some of the most commonly asked questions about gambling in each state and provide some helpful resources for players to access. This information can only be covered in depth within each of the state pages we offer, which you can find listed within this guide.

Is Online Gambling Legal In My State?

To avoid confusion, we have marked US states which offer state-regulated gambling options in the table below with a check mark. At this moment in time, eight US states have legalized and regulated online gambling in some form. For example:

Online Gambling Age North Carolina

Online Poker & Casinos:

• Delaware - Online Poker and Online Casino gambling
• Nevada - Online Poker
• New Jersey - Online Poker, Online Casinos
• Pennsylvania - Online Poker, Online Casinos
• West Virginia - Online Poker, Online Casinos

Online Sports Betting & Fantasy Sports

Online Gambling Age Pass

• Illinois - Legalized Online Sports Betting**
• Indiana - Offers Online Sports Betting
• Iowa - Offers Online Sports Betting
• Massachusetts - Fantasy Sports Allowed
• Mississippi - Online Allowed At Casinos Only
• Montana - Legalized Online Sports Betting**
• Nevada - Online Sportsbooks State-wide
• New Jersey - Online Sportsbooks State-wide
• New York - Allows Fantasy Sports And Domestic Sports Betting
• Oregon - Offers Online Sports Betting
• Pennsylvania - Offers Online and Domestic Sports Betting
• Rhode Island - Offers Online and Domestic Sports Betting
• Tennessee - Offers Online Sports Betting Apps
• West Virginia - Online Sports Betting Allowed State-wide

** Legalized but Pending launch

Online Lottery:

• Georgia - Online Lottery Allowed
• Illinois - Online Lottery Allowed
• Kentucky - Online Lottery Allowed
• Michigan - Online Lottery Allowed
• Minnesota - Online Lottery Allowed
• New Hampshire - Online Lottery Allowed
• Pennsylvania - Online Lottery Allowed

Is Licensed Offshore Gambling Legal In My State?

While the above-mentioned states offer regulated online gambling, they still maintain the option to utilize licensed offshore online options. Nearly all US state residents, except those from Washington or Connecticut, can legally access licensed offshore online gambling platforms to play online casino games, poker, or bet on sports.

This is because no state laws in these other 48 states specifically prohibit or allow it - thus operating in a technical grey area, it is still considered safe to use because it is not likely these states will draft and pass legislation to specifically affect domestic access to licensed offshore gaming.

What Is The Minimum Online Gambling Age in the US?

There is no one minimum gambling age in the US as this is set and regulated by each individual state. The minimum gambling age within each state is affected by various factors such as game selected and licensor. By this, we mean state-regulated online gambling options require domestic players, whether residents or visitors, to abide by the state's minimum gambling age for that form of gambling on land within the state's borders.

However, licensed offshore online platforms which offer casino games, poker, and sports betting can lawfully accept players who are at least 18 years of age or older. These licensed offshore online sites also offer players much more in the way of bonuses and perks and the platforms we recommend are all extremely reputable.

U.S. States Where You Can Legally Gamble At 18 And Up

Below you can learn more about the minimum legal online gambling age by state in the USA.

Online Gambling Laws in The United States

Gambling laws can be a rather complex topic these days as there are several US federal gambling laws to account for such as the UIGEA, and the Federal Wire Act, as well as, several individual state gambling laws. The reason for this is because the United States DOJ has said that states have the authority to determine their own destiny concerning both land-based and online gambling.

Afterward, several states moved forward with legalizing some forms of online gambling for their region. Multiple other states are currently in discussions amongst themselves regarding the possibility of embracing this virtual gaming platform in their own territories. As discussed earlier and from what can be read from our laws page, US players outside of WA and CT are permitted access to multiple licensed, certified, and regulated online gambling sites hosted outside of the United States. This is a nice alternative for those players not located in a state with its own regulated form of domestic online gambling.

States With Pending Online Gambling Legislation

US States That Offer Domestic Sportsbooks

US States With Passed Sports Betting Legislation (Pending Launch)