Indiana Gambling Laws

Indiana gambling laws are both robust and reasonable. While the state legalized most forms of brick-and-mortar gambling over the years, it has well-defined limitations to legal gambling and just punishments for those who break the laws. While casino gambling and pari-mutuel wagers are allowed, the Indiana Gaming Commission has assured that the number of casinos, racetracks, and OTBs are strictly limited.

Like most individual US states, Indiana has never legalized, regulated, licensed, and taxed online casinos and poker sites. With a coming battle between states that support online gambling — New Hampshire, New Jersey, and Pennsylvania — and the US federal government, Indiana is unlikely to considered online gambling in the near future. Sports betting is another matter entirely, as one state lawmaker introduced a bill last year to approve land-based sportsbooks. That bill has a good chance of passing in 2019.

Best Indiana Online Casinos, Sportsbooks & Poker Sites 2019

Indiana State Gambling Laws

Laws That Pertain to Indiana Gambling

Indiana state gambling laws are middle-of-the-road for US states. The ages people can gamble are the norm for most states, while charitable gambling and pari-mutuel wagering is standard. Lotteries were embraced about the average time for states (1990 in a range between 1970 and 2010), while Mega Millions was embraced the year most states signed on (2010). Most of the laws were written to cater to the riverboat casino gambling industry.

Relevant state code: Section 35-45-5-1

Section 35-45-5-1(d)

“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.”

Indiana’s definition of gambling is straightforward: risking money or property for gain. Indiana’s laws are similar to and influenced by its neighbor, Illinois, as wagering is the main problem gamblers have under the law. If you are wagering in an unregulated environment, your wager is illegal. Gamblers will be charged with a misdemeanor for illegal gambling.

Indiana state troopers sometimes have been known to raid poker clubs. Organizing illegal poker clubs is considered a felony. So is assisting in the operation of an illegal poker club, or promoting such activity.

Riverboat Gambling’s Influence on Indiana Gaming Laws

Originally, Indiana gambling laws hearkened back to 19th century riverboat gambling. The state law called for riverboat casinos to “fairly replicate nineteenth century Indiana steamboat passenger vessels”, so they could not host gambling when they were moored to the land. Over time, all Indiana riverboat casinos became moored to the land. They would be in Lake Michigan or an Indiana river, but guests could walk onto the boat and never really leave the land. The Buffington Harbor amendment could change all of that in the near future, though.

Is Gambling Legal in the State of Indiana?

Most land-based forms of gambling are legal in Indiana. The state has a respectable number of land-based casinos and a couple of racinos. The state lottery is well-established, while both multistate lottery associations are active in Indiana.

Charitable gambling organizations have a wide variety of games they offer. The Senate Enrolled Act 134 established several levels of approved charitable gambling events, depending on the prize money handed out at each event. Organizations can host special charitable raffles, door prize events, and progressive bingo events which exceed the normal limits once or twice a year. Read our section on the Indiana bingo laws to see a full rundown of the charitable gaming types.

Indiana Gambling Laws

Type of Gambling – Offered/Licensed? – Notes & Restrictions

• Online Gambling – No – Indiana has never explored online gambling legislation.
• Land-Based Casinos – Yes – 12 casinos and 2 racinos.
• Charitable Gaming – Yes – Bingo, raffle boards, raffle tickets, duck races, and pull-tabs.
• Lottery Betting – Yes – State Lottery (1990), Powerball (1990), Mega Millions (2010).
• Minimum Gambling Age – 18 for bingo, lottery, pari-mutuel betting, 21 for casinos.

Is Online Poker Legal in Indiana?

Indiana Online Poker Laws

Online poker is not legalized and regulated in Indiana. The industry exists in a legal gray area, where the state has neither legalized or strictly banned online gambling. In the absence of regulations, it would be considered illegal to play at an online cardroom or casino. At the same time, Indiana authorities have never prosecuted an individual for online poker room or casino betting. Anyone operating such a site would be subject to the full measure of the law against illegal gambling operators.

No lawmakers have introduced an online poker bill to the Indiana legislature since the 2011 DOJ opinion which said states could do so. Given the fact the DOJ’s Office of Legal Counsel recently said interstate online poker and online casinos are now violations of federal law under the terms of the 1961 Federal Wire Act, no one should expect to see Indiana change its law anytime soon. Joining the Multi-State Internet Gambling Association (MSIGA), better known as the interstate poker pact, would be one major advantage of legalizing online poker. Until lawsuits against the DOJ play out, the MSIGA is a dead letter for the time being.

Is Sports Betting / Daily Fantasy Sports Legal in Indiana?

State Rep. Alan Morrison (R-Brazil) introduced draft legislation to approve sports betting in January 2018, but after a spirited debate on the bill, it did not gain traction in the Indiana state legislature. That was a few months before the US Supreme Court voted 6-3 to strike down the Professional and Amateur Sports Protection Act (PASPA) as unconstitutional.

With the longstanding ban on sports betting eliminated, Indiana lawmakers could take a more serious look at the issue in 2019. Expect Alan Morrison to submit a new proposal sometime this year. House Democratic Leader Terry Goodin (D-Austin) backed Alan Morrison’s bill last year, so expect a faction of House Democrats to support the bill.

In 2016, State Sen. Jon Ford and State Sen. Ron Alting introduced Senate Bill 339 to legalize daily fantasy sports. Several state senators signed on to the bill: Carlin Yoder, James Arnold, Dennis Kruse, and Lonnie Randolph. In the Indiana General Assembly, Rep. Alan Morrison, Rep. Sean Eberhart, Rep. Sheila Klinker, and Rep. Thomas Dermody introduced a companion bill to legalize DFS gaming.

The bill failed to gain approval, so it never went into effect. Despite that, big DFS operators like DraftKings, FanDuel, and Fantasy Draft all accept real money play from Indiana players. Allan Morrison’s sports betting bill could include provisions for legalizing daily fantasy sports — a common thing in other states — so DFS might be regulated and taxed in the near future.

Does Indiana have land-based casinos?

Yes. Indiana has 12 land-based casinos, along with 2 racetrack-casinos which are listed below. Indiana’s casino list includes famous local groups like Majestic Star and Ameristar, along with Horseshoe Casinos owned by national casino brand Caesars Entertainment. Indiana’s casinos traditionally have been riverboat casinos, but a new initiative could see the casinos move inland.

At the moment, Gary residents want to transform Buffington Harbor into a transport facility. If that happens, Majestic Star will need to move its Gary-based casinos inland. Some plans have the casinos moving somewhere else in the Gary vicinity, but across towns. Other plans have at least one Majestic Star casino moving halfway across the state. State Sen. Ron Alting, chairman of the Senate Public Policy Committee, said a casino might move as far away as Terra Haute.

Caesars Entertainment’s Horseshoe Casino opposes the move, saying it would bring instability and uncertainty into the Indiana gaming sector. Most believe Horseshoe is concerned about competition moving into their part of the state. Readers might wonder why a Gary, Indiana casino would want to move from the Chicago suburbs to areas in the middle of Indiana. They have to remember that Chicago-area politicians and Illinois lawmakers have a longstanding dream of building land-based casinos in the Illinois suburbs of Chicago, so Majestic Star might have competition coming in the next few years if it stays in Gary.

In either case, it would be a radical departure for Indiana gaming. Ameristar in East Chicago also might ask for a move.

CASINOS

HORSE TRACK RACINOS