Indiana Gambling Laws
Indiana appears to be mixed regarding poker and gambling in general within state lines. On one hand residents are able to participate in various poker games at one of 10 or so casinos in the state. On the other hand, other forms of gambling are illegal which includes online poker and home games. Are there any loopholes to exploit? That's what we cover in more detail below.
Home » Laws Indiana appears to be mixed regarding poker and gambling in general within state lines. On one hand residents are able to participate in various poker games at one of 10 or so casinos in the state. On the other hand, other forms of gambling are illegal which includes online poker and home games. Working within Governor Holcomb’s Roadmap to Safely Reopen Indiana, Indiana’s commercial casino properties are permitted to reopen beginning at 6 a.m. On Monday, June 15, 2020. Local governments may impose more restrictive guidelines. The legal gambling age in Indiana is 21 and 18 for the lottery and race track betting. The law allows a variety of gambling from track betting two traditional casino gaming. Sports betting and fantasy sports gambling I also allowed in the state. Like many other States Indiana also has their state lottery which is known as the Hoosier lottery. Slot machine and keno winnings from a gambling operation (as defined in IC 4-33-2-10) or a gambling game (as defined in IC 4-35-2-5) that are reportable for federal income tax purposes shall be treated as subject to withholding under this section, even if federal tax withholding is not required. Indiana’s law will allow wagering on collegiate sports, but not on high school or youth sporting events. Wrongfully Incarcerated Collection Another new law includes allowing people who are wrongfully incarcerated be eligible to receive $50,000 for each year behind bars once a conviction is vacated due to innocence.
Playing Poker Legally in Indiana
Is Online Poker Legal in Indiana?
Indiana was one of the first states -- not to mention is one of the only states -- to specifically mention online gambling. It's clearly illegal under their laws, for both operators and players.
IC 35-45-5-3 Professional gambling; professional gambling over the Internet Sec. 3.
(a) A person who knowingly or intentionally:
(5) conducts any banking or percentage games played with cards, dice, or counters, or accepts any fixed share of the stakes therein; or
(6) accepts, or offers to accept, for profit, money, or other property risked in gambling;
commits professional gambling, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction under this subsection.
(b) An operator who knowingly or intentionally uses the Internet to:
(5) conduct any banking or percentage games played with the computer equivalent of cards, dice, or counters, or accept any fixed share of the stakes in those games:
(A) in Indiana; or
(B) in a transaction directly involving a person located in Indiana; or
(6) accept, or offer to accept, for profit, money or other property risked in gambling:
(A) in Indiana; or
(B) in a transaction directly involving a person located in Indiana; commits professional gambling over the Internet, a Class D felony.
So you can't play at poker sites in Indiana.
There is another important point to takeaway here, too. Poker staking is likely to be illegal, too, because Indiana laws mention 'transactions directly involving a person located in Indiana.' So if you stake players to play poker, either live or online, I would stop and double check with your lawyer before continuing.
What About Home Poker Games?
Indiana mentions nothing about home poker games or social games. However, I would assume it's illegal, too.
'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; but it does not include participating in:
(1) bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries; or
Card games, under Indiana law, are considered to be games of chance, and therefore fall under the unlawful gambling laws.
Do Casinos in Indiana Offer Poker?
You'll find over 13 casinos in Indiana that offer any game you'll find in Las Vegas. This includes slots, craps, blackjack, roulette and mini-baccarat. Poker games include holdem, omaha, stud and more, as well as WSOP circuit events. Two popular casinos include Blue Chip Casino and the Majestic Star.
Indiana Poker FAQs
We receive a lot of questions about state poker laws, and more specifically, the gambling laws in Indiana. We thought it'd be helpful to post those here for you.
Will real money online poker be regulated in Indiana?
Since their current gambling regulation laws that were set in 2005, Indiana has not put forth any more effort into new online gaming laws. Experts and other poker webmasters alike think that Indiana agreeing with neighboring states (for intrastate poker and casino gaming) is a real possibility in the near future.
Is there an online poker room that accepts players from Indiana?
Surprisingly, yes. Considering how strict Indiana appears to be about online poker and home poker games, you'd think that US poker sites would exclude residents from signing up like they do all the other strict states. However, that's not the case. You're still able to sign-up to (nearly) all US accepting poker sites, such as BetOnline, Bovada, Carbon Poker and Americas Cardroom.
What other forms of regulated gambling is offered in Indiana?
Everything.
More specifically, between their land-based and riverboat casinos you'll find a variety of games including craps, roulette, poker and blackjack. Slots and off/on track horse racing is available, too, as is a state lottery.
Where can I read more about Indiana poker laws?
More information about Indiana's gambling laws can be found at the following poker sites:
- Insiana Gaming Commision - http://www.in.gov/igc/
Here are some interesting facts about gambling and poker in the state of Indiana.
- The law regarding gambling riverboats originally prohibited them from operating casinos games while docked. Now you'll find that all riverboats are docked.
- The original law allowing gambling riverboats required that they 'fairly replicate nineteenth century Indiana steamboat passenger vessels' if they were to operate on the Ohio river.
- ISPs have the right (by law) to block emails that pertain to online poker and gambling.
IC 35-45-5-4.6 Blocking certain electronic mail messages
Sec. 4.6.
(a) An interactive computer service may, on its own initiative, block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is or will be sent in violation of this chapter.
(b) An interactive computer service is not liable for such action.
Additional Gambling Law Reviews
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Statutes & Rules
Emergency Rules
Emergency Rule LSA #19-328
Temporarily adds rules regarding charity gaming. Statutory authority: IC 4-32.3-3-3.
Effective July 1, 2019.
Emergency Rule LSA #19-641
Temporarily adds emergency rules regarding sports wagering. Statutory authority: IC 4-38-3-1; IC 4-38-3-2. NOTE: The original emergency document, LSA Document #19-428(E), posted at 20190904-IR-068190428ERA, effective August 28, 2019, expired November 26, 2019.
Effective November 25, 2019.
Emergency Rule LSA #20-76
Temporarily adds emergency rules regarding sports wagering. Statutory authority: IC 4-38-3-1; IC 4-38-3-2. NOTE: The original emergency document, LSA Document #20-76(E), posted at 20200226-IR-068200076ERA, effective February 21, 2020, expired May 21, 2020.
Emergency Rule LSA #20-283
Temporarily adds emergency rules regarding sports wagering. Statutory authority: IC 4-38-3-1; IC 4-38-3-2. NOTE: The original emergency document, LSA Document #20-283(E), posted at 20200527-IR-068200283ERA, effective May 20, 2020, expired August 18, 2020.
Emergency Rule LSA #20-448
Temporarily adds emergency rules regarding sports wagering. Statutory authority: IC 4-38-3-1; IC 4-38-3-2. Effective August 17, 2020, expired February 10, 2021.
Rulemaking Docket
Comments regarding proposed rules may be submitted by
email rules@igc.in.gov or by
mail, attention to:
Indiana Gaming Commission - Legal Division
East Tower - Suite 1600
101 W. Washington Street
Indianapolis, IN 46204
Comments may be inspected, upon request, at the Indiana Gaming Commission at 101 W Washington Street East Tower, Suite 1600, Indianapolis, IN 46204.
Proposed Rule LSA #20-466
Adds 68 IAC 21-8, 68 IAC 21-9, 68 IAC 21-10, 68 IAC 21-11, 68 IAC 21-12, 68 IAC 21-13, and 68 IAC 21-14 regarding charity gaming. Repeals 68 IAC 21-1, 68 IAC 21-2, 68 IAC 21-3, 68 IAC 21-4, 68 IAC 21-5, 68 IAC 21-6, and 68 IAC 21-7.
Notice of Intent to Adopt proposed rule LSA #20-466
Proposed Rule LSA #20-446
Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.
Notice of Intent to Adopt Proposed Rule LSA# 20-446
Publisher’s Receipt for Final Document
Proposed Rule LSA #20-420
Adds new 68 IAC 27 to provide basic consumer protections and create a lawful and secure environment for Indiana residents to participate in sports wagering.
Notice of Intent to Adopt proposed rule LSA #20-420
Sports Wagering Draft Rules (Current as of February 24, 2021)
Notice of Public Hearing
Hearing to take place on March 24, 2021 at 10:00a.m. via Microsoft Teams.
Comments can be submitted now and up until close of business on the date of the public hearing.
Economic Impact Statement
Proposed Rule LSA #19-384
Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.
Notice of intent to readopt a rule LSA #19-384
Proposed Rule LSA #18-283
Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.
Notice of intent to readopt a rule LSA #18-283
Proposed Rule LSA #17-350
Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.
Notice of intent to readopt a rule LSA #17-350
Proposed Rule LSA #17-224
Adds new 68 IAC 26 to provide basic consumer protections and create a lawful and secure environment for Indiana residents to participate in paid fantasy sports games.
Notice of intent to adopt proposed rule LSA #17-224
Paid Fantasy Sports Draft Rules (Current as of September 27, 2017)
Notice of Public Hearing
Hearing to take place, Monday, October 23, 2017 at 10:00a.m. at the Indiana Gaming Commission,
101 W. Washington St., Suite 1600, Indianapolis, Indiana 46204 - Executive Conference Room.
Comments can be submitted now and up until the close of business on the date of the public hearing.
Economic Impact Statement
Small Business Ombudsman Comments RE Rules
IC 4-22-2-19 Notice
Copies of the rule, public comments and the agency's response to public comments can be inspected at the Indiana Gaming Commission, 101 W. Washington St., Suite 1600, Indianapolis, Indiana 46204.
The IGC expects to adopt a Final Rule at its business meeting scheduled for November 16, 2017 (estimated).
The Final Rule is expected to be submitted to the Attorney General by November of 2017 (estimated).
The Final Rule is expected to be submitted to the Governor for signature by December of 2017 (estimated).
Indiana Gaming Rules
Proposed Rule LSA #16-383
Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.
Notice of intent to readopt proposed rule LSA #16-383
Final Rules
Final Rule #17-224
Adds 68 IAC 26 concerning paid fantasy sports. Statutory authority: IC 4-33-24-13.
Effective 30 days after filing with the Publisher.
Online Gambling Laws Indiana
Final Rule #16-52
Amends several sections, removing duplicative language related to ethics, disciplinary actions, excursions, and deviation from provisions.
Effective November 16, 2016.
Final Rule #15-84
Adds rules to regulate limited mobile gaming.
Effective February 6, 2016.
Can You Gamble In Indiana
Final Rule #15-113
Amends various rules to remove obsolete language relating to tokens.
Effective December 13, 2015.
Final Rule #15-249
Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date.
Effective November 1, 2015.