Legal Gambling Age In America

 
Legal Gambling Age In America 4,2/5 5598 votes

Betting ages can be 18 or they can be 21. Check the legal gambling age of your state first before checking the sportsbook, because your state law will supercede that of the sportsbook's gambling age if the sportsbook's age is 18 and the state's is 21. Learn more: Is It Legal To Bet Sports Online? Legal Sports Betting Age + Gambling Age By State. The minimum gambling age has varying factors because the ages in Alabama differ from states like Minnesota. Generally speaking, being 21 years or older will be safe throughout the entire United States. That is the highest age we have seen so far. But other states will say 18 and there are even some that will say 19. Gambling in the US is not restricted to just Las Vegas and Atlantic City. Most places allow gambling in casinos and the ages range from 18 to 21 years old, depending on the state. The US also has some states where particular forms of gambling are legal but others are not. Here are some specific examples of gambling in the US. Legal gambling ages across the US vary, with states setting the minimum age at either 18 or 21. This can however change depending on the type of gambling, as well as if you're playing in a Native.

Gambling Law: An Overview

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

Legal age for gambling in america

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)
  • wex

Legal Gambling Age by State Resources

What's The Legal Gambling Age???
Alabama - 21Hawaii - 21Massachusetts - 21New Mexico - 21South Dakota - 21
Alaska - 18Idaho - 18Michigan - 21New York - 18Tennessee - 21
Arizona - 21Illinois - 21Minnesota - 18North Carolina - 18Texas - 21
Arkansas - 21Indiana - 21Mississippi - 21North Dakota - 21Utah - 21
California - 21Iowa - 21Missouri - 21Ohio - 21Vermont - 18
Colorado - 21Kansas - 18Montana - 21Oklahoma - 18Virginia - 21
Connecticut - 21Kentucky - 21Nebraska - 21Oregon - 21Washington - 18
Delaware - 21Louisiana - 21Nevada - 21Pennsylvania - 21West Virginia - 21
Florida - 21Maine - 18New Hampshire - 21Rhode Island - 18Wisconsin - 21
Georgia - 21Maryland - 21New Jersey - 21South Carolina - 18Wyoming - 18

What is the legal gambling age in Alabama? - The legal gambling age in Alabama is 21. Alabama residents will be entitled to gamble provided they break the age barrier of 21.

What is the legal gambling age in Alaska? - Alaska has a fairly low gambling age. You will be able to enjoy gambling at the age of 18.

What is the legal gambling age in Arizona? - Arizona carries a legal gambling age of 21, so you will be able to gamble legally as soon as this date arrives.

America

What is the legal gambling age in Arkansas? - Arkansas only requires you to be 18 for most forms of gambling, though online gambling will require you to be 21 to enjoy the games.

What is the legal gambling age in California? - For casino games and the like, the legal gambling age in the state is 21 or higher.

What is the legal gambling age in Colorado? - If you live in Colorado, you will be subject to an age requirement of 21 years of age in order to begin gambling.

What is the legal gambling age in Connecticut? - The gambling age in Connecticut is set firmly at 21 for most forms of gambling. Unless you are a lottery player, you will be stuck with a 21 year gaming restriction.

What is the legal gambling age in Delaware? - Delaware requires all of their gamblers to be 21 if they are going to take part in the action.

What is the legal gambling age in Florida? - Florida has a required gambling age of 18 for poker and 21 for casino games.

What is the legal gambling age in Georgia? - Georgia has an age limit of 21 for the legal gambling age. You will be required to adhere to this limit if you are going to engage in the games.

What is the legal gambling age in Hawaii? - Hawaii has a de facto age of 21 in order to legally gamble. Since online gambling is the only choice players will have for gambling, you must be twenty one to play.

What is the legal gambling age in Idaho? - Idaho requires players to be at least 18 years old in order to enjoy the games. You will have to surpass the age of majority in order to play.

What is the legal gambling age in Illinois? - Those who are 21 years of age or older will be able to enjoy legal gambling in their state.

Legal Gambling Age In America

What is the legal gambling age in Indiana? - Legal gambling ages in Indiana vary by game, but you will want to be at least 21 before you start playing any online games.

What is the legal gambling age in Iowa? - If you are turning to online gambling, then you will have to be at least 21 years of age in order to play the games at hand.

What is the legal gambling age in Kansas? - Kansas will require players to be at least 18 in order to join in on the gambling. Kansas gives players the opportunity to join in on the gambling before most other states.

What is the legal gambling age in Kentucky? - Kentucky requires players to be above the age of 21 - even if by a minute - in order to legally play the gaming through these online gambling sites.

Legal gambling age in america compared

What is the legal gambling age in Louisiana? - Louisiana gamblers must be at least 21 years old in order to enjoy the games without legal recourse.

What is the legal gambling age in Maine? - Maine requires players to be only 18 years old in order to jump into the gambling. Maine is one of the very few states with such a low age restriction.

What is the legal gambling age in Maryland? - Maryland requires all players to have surpassed their 21st birthday in order to legally gamble. The legal gambling age in Maryland is 21 years old.

What is the legal gambling age in Massachusetts? - Massachusetts gamblers must be aged 21 in order to freely gamble within the state, especially through online gambling options.

What is the legal gambling age in Michigan? - Michigan Gamblers must be at least 21 years old in order to move forward with gambling. Players beneath this age will be ejected from their choice of gambling site.

What is the legal gambling age in Minnesota? - Minnesota gamblers are required to be at least 18 in order to play the games. Players joining online gambling sites, or trying to enter land based gambling havens, must prove their age.

What is the legal gambling age in Mississippi? - The legal gambling age in Mississippi is 21, so all players who do not meet or surpass this age will not be eligible to join in on the games.

What is the legal gambling age in Missouri? - The 21st birthday of anyone living in Missouri is the day that they become legally able to gamble.

What is the legal gambling age in Montana? - Montana has one of the lowest gambling ages in the nation. Players will have to only wait until their 18th birthday to enjoy legal gambling.

What is the legal gambling age in Nebraska? - Nebraska has a legal gambling age of 18. If you exceed the 18th year of your life you will be good to go.

What is the legal gambling age in Nevada? - The legal gambling age in Nevada is affixed at 21. If you are under 21, you may as well stop trying - for now.

What is the legal gambling age in New Hampshire? - New Hampshire has a legal gambling age of 21. You may, however, play the lottery if you are at least 18 years old.

What is the legal gambling age in New Jersey? - New Jersey residents must have passed their 21st birthday, otherwise they do not meet the legal gambling age in the state.

What is the legal gambling age in New Mexico? - If you are 21 years old, then you can gamble in New Mexico without any fear of legal trouble.

What is the legal gambling age in New York? - New Yorkers can gamble as soon as they hit 18, which is not something many states can answer when asked what is the legal gambling age in their state.

What is the legal gambling age in North Carolina? - North Carolinians must be at least the age of majority to gamble, so 18 is the legal gambling age in North Carolina.

What is the legal gambling age in North Dakota? - North Dakota residents enjoy the comforts of online gambling especially when the snow is deep and the weather is cold, as long as they're 21 years old.

What is the legal gambling age in Ohio? - Ohioans must have reached the ripe age of 21 in order to legally gamble through casino type games, as well as online gambling venues.

What is the legal gambling age in Oklahoma? - In order to gamble in Oklahoma, you will probably want to be at least 18. The tribal lands are entitled to decide their own ages, however.

Gambling

What is the legal gambling age in Oregon? - Oregonians have a gambling age restriction of 21. If you have not surpassed your 21st birthday then you are ineligible for gambling.

What is the legal gambling age in Pennsylvania? - Pennsylvania has a strict age limit of 21 in order to gamble. The Pennsylvania Gaming Control Board does not take this lightly.

What is the legal gambling age in Rhode Island? - Rhode Island is one of the few states that will allow gamblers to place wagers at the age of 18.

What is the legal gambling age in South Carolina? - South Carolina hardly takes a pro-gambling stance, but for the sake of the argument we shall say that the legal gambling age is 18.

What is the legal gambling age in South Dakota? - Those who reside in South Dakota must be at least 21 years old in order to gamble, otherwise there will be problems.

What is the legal gambling age in Tennessee? - The def facto gambling age in Tennessee is 21.

What is the legal gambling age in Texas? - Texas has imposed an age limit of 21 in order to enjoy gambling. Players under this age face fines or worse.

What is the legal gambling age in Utah? - Utah is a very strict anti-gambling state. As such, there will a de facto gambling age of at least 21.

What is the legal gambling age in Vermont? - Vermont players are subject only to an 18 year old limitation on their gambling. Those players above this age limit will be free to gamble as they please.

What is the legal gambling age in Virginia? - Virginians must be at least 21 in order to play gambling games in the state. If you do not meet 21, you will not be entitled to gambling.

What is the legal gambling age in Washington? - Washingtonians have the luxury of gambling as soon as they reach their 18th birthday. Provided you can prove that you are 18, you are ready to gamble as you wish.

What is the legal gambling age in West Virginia? - West Virginia's few land based casinos require that you be at least 21 in order to play the games, or even be on the gaming floor.

What is the legal gambling age in Wisconsin? - Wisconsin residents have a 21 year legal gambling age. Players must meet this requirement in order to make the cut.

What is the legal gambling age in Wyoming? - Wyoming is the final of the few states with an age of at least 18. Even if you are 18 and a day, you breach the legal gambling age in Wyoming.

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