720 ILCS 5/28-1 Gambling
This law explains what kinds of gambling are illegal in Illinois and when certain gambling activities are allowed.
This statute tells what counts as illegal gambling in Illinois and what special kinds of games or betting are allowed by law. It also explains the possible punishment for breaking these rules.
(a) Gambling – What Counts as Gambling
A person is gambling when he or she:
(1) Knowingly plays a game of chance or skill for money or something else of value, unless it is one of the activities listed as allowed in subsection (b).
(2) Knowingly makes a bet on the result of any game, contest, or any political nomination, appointment, or election.
(3) Knowingly runs, keeps, owns, uses, buys, shows, rents, sells, tries to sell or lease, makes, or hands out any gambling device.
(4) Makes a deal to let himself or herself or someone else have the choice to buy or sell, or agrees to buy or sell later, any grain, other product, stock, or company security, when both sides plan from the start that no one will actually give or receive the real item, and they will only pay each other the difference in price. However, using normal, legal stock options and similar tools through properly registered or exempt securities professionals is not considered gambling here.
(5) Knowingly owns or has any book, tool, or machine used to record or keep track of bets or wagers, or knowingly has money that he or she got from a bet or wager.
(6) Knowingly sells betting “pools” on the result of any game or contest of skill or chance, or on a political nomination, appointment, or election.
(7) Knowingly starts or helps run any lottery, or sells, offers to sell, or transfers any ticket or share in a lottery.
(8) Knowingly starts or helps run any policy game, or sells, offers to sell, or knowingly has or transfers any policy ticket, slip, record, paper, or similar item.
(9) Knowingly writes, prints, or publishes any lottery ticket or share, or any policy ticket, slip, record, paper, or similar item, except when this is done for lotteries, bingo games, or raffles that are legally allowed and run under the laws of Illinois or another state or foreign country.
(10) Knowingly advertises any lottery or policy game, except when this is for lotteries, bingo games, or raffles that are legally allowed and run under the laws of Illinois or another state.
(11) Knowingly sends information about bets, betting odds, or changes in betting odds by phone, telegraph, radio, signal, or similar methods, or knowingly sets up or takes care of equipment used to send or receive that information; but it is allowed to send or receive this kind of information if it is only used for news stories about sports events or contests.
(12) Knowingly creates, runs, or keeps a website that lets people, through the Internet, play a game of chance or skill for money or something of value, or make a bet on the result of any game, contest, or political nomination, appointment, or election. This does not apply to certain kinds of activities listed as allowed activities in items (6), (6.1), (8), (8.1), and (15) of subsection (b).
(b) Activities That Are Not Considered Gambling
People taking part in any of the following activities cannot be found guilty of gambling:
(1) Agreements to pay for someone’s loss caused by chance, including, for example, insurance or guarantee contracts, and life, health, or accident insurance.
(2) Giving prizes, awards, or payment to the real players who take part in a true contest that tests skill, speed, strength, or endurance, or to the owners of animals or vehicles that are entered in such a contest.
(3) Pari-mutuel betting when it is allowed by Illinois law.
(4) Making gambling devices, including getting the needed parts and putting them together, to ship them to another state or country when that shipping is not banned by federal law; or making, handing out, or having video gaming machines when done by licensed makers, distributors, and operators as allowed under the Video Gaming Act.
(5) The game commonly called “bingo” when it is run under the rules of the Bingo License and Tax Act.
(6) Lotteries run by the State of Illinois under the Illinois Lottery Law. This also covers any actions by the Department of Revenue to sell lottery tickets under that law and its rules.
(6.1) Buying State of Illinois lottery tickets over the Internet under the lottery program set up by law.
(7) Having an antique slot machine that is not used and not meant to be used for any illegal gambling activity or business. An antique slot machine is one that was made 25 or more years ago.
(8) Raffles and poker runs when they are run under the Raffles and Poker Runs Act.
(8.1) Buying raffle tickets (raffle chances) for a raffle that is run under the Raffles and Poker Runs Act.
(9) Charitable games when they are run under the Charitable Games Act.
(10) Pull tabs and jar games when they are run under the Illinois Pull Tabs and Jar Games Act.
(11) Gambling games when they are allowed by the Illinois Gambling Act.
(12) Playing video gaming terminal games at a licensed place, such as a licensed business, truck stop, large truck stop, fraternal group, or veterans group, when the games are run under the Video Gaming Act.
(13) Games of skill or chance where people can win money or other things of value, as long as no one has to pay or buy anything to play.
(14) Savings promotion raffles run by certain banks, savings banks, credit unions, or similar institutions, when they are allowed under the banking and financial laws listed in this subsection.
(15) Sports betting when it is done under the Sports Wagering Act.
(c) Sentence.
Gambling is a Class A misdemeanor. A second or later conviction for gambling under items (a)(3) through (a)(12) is a Class 4 felony.
(d) Circumstantial Evidence.
In cases under this law, circumstantial evidence (evidence that suggests something happened but does not directly show it) is treated the same way and given the same weight as in any other criminal case.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
