Online Gambling – Legality in the US: What to Look for in your State Law.
If you are seeking information on online gambling legality in the US, then you should pay a visit to ‘GamblingLawUS.com’. This website is quite detailed and might be able to answer your questions. a couple points which were highlighted that I particularly liked about this particular website was that, they are open to criticism and correction, the information is laid out in such a way that anyone would be able use it and they strongly advise you to seek the advice for a local attorney in your state even though you have accessed their information. This article is focused on explaining the five topics which are covered on a state by state basis.
The first topic on the list in online gambling legality in the US is ‘dominant factor test applied.’ This deals with the aspect of whether the game is based on ‘chance’ or ‘skill.’ If the game is based on ‘chance’ then it is in violation with most states anti-gambling statute. Therefore, the majority of online casinos highlight the factors of their games which enforce the point that ‘skill’ is required to play as opposed to ‘chance’. However, this would only be considered if the state applies this specific test. The second topic I’d like to cover is that ‘social’ gambling is allowed in some states. What is considered ‘social’ gambling you may ask? This is when no player or other person for instance a host or bookie, is able to earn anything more than a normal player in the game. Again you have to determine if playing for money in a social context is allowed in your state.
The next thing to think about is the penalty breaking a gambling law could incur. Let’s look at the difference between a ‘misdemeanor vs. felony.’ Firstly you have to keep in mind what may be classified as a ‘misdemeanor vs. felony’ would vary in each state. A couple states distinguish based on the place of possible incarceration, for instance, in one state you could be sentenced to a city or county jail whereas in others you could be sentenced to a state penitentiary. However the majority of the states base their distinction on the length of the sentence, for instance, you might get one year or less for a misdemeanor, and a longer sentencing for a felony should you break a gambling law that falls into either category. Next we’ll focus on the difference between charges – that is ‘simple’ versus an ‘aggravated’ charge. When distinguishing ‘simple’ and aggravated’ gambling it is also based on whichever state you reside in. This phrase ‘simple vs. aggravated’ gambling is more commonly expressed as ‘recreational gambling versus professional gambling.’ One may only face consequences of these laws when the individual has a second or third violation of a given criminal prohibition or one may face the full consequences after the first infraction depending on how strictly gambling laws are enforced in that particular state.
The fifth on the list in online gambling legal issues in the US is ‘express internet prohibition.’ This simply means if a state has adopted a particular law which prohibits the offering and playing of gambling games offered over the internet. Keep in mind though that even though the state did not pass any laws which bans the offering and playing of online games, it does not mean that it is legal to gamble there. This particular section is quite complicated. In closing you should really take a look at this website as well as others which provide similar information, because if you do desire to gamble online then you should go about it the safe and legal way.
Source by Sarah H
This article is aimed at educating you on some of the online gambling laws in the US. I say some because it is impossible to cover all the US laws in relation to online gambling as most states have their own rules and regulations, also the laws can change from day to day or month to month. Along with the information I am going to present to you in my article, you can also take a look at this website; www.gameattorneys.com as this would provide you with additional information that would be beneficial to you. When we think of online gambling laws two things might come immediately to mind: complicated and strongly enforced.
The online gambling laws in the US have been intricately wrought over the last few years. This is so because the Department of Justice claims that every single aspect of internet gambling is illegal under the United States federal laws. However, the statutory language and judicial guide relating to online gambling does not promote the government’s wide pronouncements of illegality. The Department of Justice depends on the Wire Wager Act as its foundation for stating that internet gambling is illegal. However this specific law is used to ban only a couple online gambling games – therefore once a game is not listed as illegal under this law the individual cannot be charged for participating in it. Therefore it can clearly be stated that once it relates to federal laws the operation of an online sports betting website is illegal, but for the other forms of online gambling it is still unclear.
The instances, in which certain individual states have passed their own laws relating to online gambling, are a key factor which has complicated the situation of online gambling laws even further. Even though these laws have been put in place not many prosecutions have resulted, therefore the legitimacy of these laws has not been fully tested. Despite the question of the legitimacy of these laws more and more states are using them thus causing a growing spider web trapped state of affairs when referring to the legality of online gambling. Therefore it would work out like this, some forms of online gambling may be illegal in one state however in another state it may be legal.
The United States law enforcement authorities at the state and federal levels have only just increased the rate of enforcement of criminal law against individuals which are knowingly breaking the country’s online gambling laws. US citizens as well as foreigners have been arrested during this exercise however the outcomes of the prosecutions are unclear. There have been attempts though to legalize online gambling in the US however, they have so far all been in vain as the Department of Justice is not allowing it. In closing even though online gambling is a fast growing industry and is legal in a couple countries the US government is probably going to maintain their view of internet gambling being illegal for years to come.
Source by Sarah H
Online gambling laws in Indiana are quite complicated they require an individual to undertake hours of study to have a thorough understanding of them so as to ensure that they are followed correctly. However, don’t be alarmed as there are a couple legal websites which are set up to provide you with the necessary information you may want – the basics of the gambling laws in plain English that anyone can understand. One point that we need to keep in mind though, there are federal laws which are set as a general basis from which all the states create their own laws, like for instance the online gambling laws in Indiana. This article is based on highlighting the advantages of the online gambling laws in Indiana that make them different from other states.
The online gambling laws in Indiana lie firmly in favor of the government. Even though the majority of the online gambling services are provided by private institutions, the rules set up by the government on Indiana leave the Indiana government with a certain degree of control over the entire system. Thus, there would be order, and once the online casinos as well as the online gamblers make themselves aware of the rules and regulations that they need to follow everyone would be able to enjoy the exciting world of online gaming peacefully and more important – legally.
Gambling laws in Indiana concerning internet gambling make it almost impossible for individuals to gamble legally online in Indiana. This is a good thing in the eyes of the government as it of course would reduce the chances of individuals becoming addicted to gambling as if you are gambling online you can participate in this in a much easier fashion than having to go out to a casino to gamble, it can be done at any time day or night and anywhere so a person wouldn’t even have to leave their home to gamble and so could secretly develop an addiction. Also it would be beneficial to the government as they would not have to spend money on setting up programs to help these individuals with their addictions. The third advantage of online gambling laws in Indiana would be in favor of the online casino itself. See there are specific procedures and regulations in which these online casinos need to follow in order to establish themselves, operate, even to advertise, therefore those adhere to these specific laws would not be able to operate once they are discovered. The fourth advantage of online gambling laws in Indiana would be to protect online gamblers from online fraud. This simply means that information is made available via websites which educate individuals on the various scams that are occurring at various casinos or which casinos don’t pay up when you go to cash out.
All of these supposed benefits however ignore the right to the pursuit of happiness underlined in the constitution and a well policed online gambling establishment could be the key to happiness for dozens of individuals in Illinois who are being denied it. Allowing online gambling would increase income in the state of Illinois which would be beneficial to the businesses all around. The most important part to consider though is that people are going to find ways to get around gambling laws and as such may get taken for all they’re worth by immoral online gambling casinos if online gambling weren’t outlawed we could protect all these unwary gamblers.
In closing we need to keep in mind that rules are put in place for our protect and they all serve a very important purpose no matter how small it may be, but some rules need to change with the times. Think about this when you vote for your laws.
Source by Anand Rajkumar