Types Of Internet Gambling That Aren't Legal

The legality of Internet gambling is a question of state law for the most part. While the federal government has taken interest in Internet gambling because of a loss of revenue to carefully regulated gambling establishments, state law has traditionally governed the legality of gambling more generally (i.e. in person and not on the Internet).

Internet Gambling - Is It Legal?

Internet gambling is hotly debated because it is difficult to regulate and the taxation of on-line businesses is often hard to enforce. Many states have responded to Internet gambling by enacting their own laws to either limit or eliminate it within their boundaries. Nevada was the first state to pass a law specifically preventing residents from placing and receiving bets over the Internet. Washington and Louisiana followed later. Gambling and prostitution have been traditionally left up to state discretion as to legality, but the federal government has a greater interest in on-line gambling because it is more difficult to regulate.

Many states use their prosecutors office to federally challenge local on-line gambling businesses. Some have won these cases due to fraud and other illegal acts of the operators. Still, while some states successfully enact laws to prevent on-line gambling, it is difficult to enforce these laws since what people do in the privacy of their homes is generally private.

Proposed federal law that would make Internet gambling illegal has been debated. Enacting such a law may make the gambling go underground, which would likely result in further opportunity for fraud and misconduct by operators. Also, it would still be difficult to monitor. In 2009, the SAFE Port Act was passed into law and with it a provision regarding Internet gambling. This provision prohibits the transfer of money from financial institutions to on-line gambling sites with some exceptions. 

It is illegal to run an on-line gambling operation without proper licensing within the United States, and no state is currently granting licenses for on-line gambling operations.

Getting Legal Advice

If you need help with a gambling charge or have questions about the legality of Internet gambling in your state, contact a local criminal defense attorney who can answer your questions and assist you with any charges. An attorney is in the best position to deal with your legal issues with experience handling the criminal justice system and an advanced understanding of local law and federal laws.