Online Real Money Poker Illinois

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Illinois Online Poker Laws. The state of Illinois may be as average as it gets in terms of size (25 th largest state in the Union), but they sure know how to pack them in! It’s the 5 th most populated state, thus it should come as little surprise that there are hundreds of thousands of people from Illinois anticipating the passage of online poker regulation. While there are online casinos in Illinois, they are not state-regulated. Instead, the lottery offers the ability to buy tickets online, or subscribe to plans where you are. The World Poker Tour Boot Camp also regularly convenes in this state, with the tournament franchise prioritizing Illinois residents for its program of cash game and tournament coaching. Though online poker is not currently legal in the state, Illinois tournament poker players are rarely left craving more action. Illinois Poker Laws. The law in the State of Illinois as it relates to gambling is quite clear. In some states, whether or not the present law applies to playing poker, or in particular, playing poker online may be subject to at least some interpretation, however the law of.

Relevant state code: 18-3801 et seq.; 54-2501 et seq.

Illinois offers gamblers a diverse array of regulated gambling options. The trade-off is that Illinois takes a very dim view of unregulated gambling, meaning a very strict approach to enforcing such gambling and a very broad definition of what activity can be classified as gambling:

Section 28-1
(a) A person commits gambling when he:
(1) Plays a game of chance or skill for money or other thing of value

Note that the definition explicitly includes games of chance and skill. In Illinois, the act of the wager is apparently the primary violation, so the question of whether or not a game is governed by skill or chance is largely moot. The statutory definition goes on to include a variety of specific actions that would also be considered illegal under Illinois law, including: Wagering on political races, pools and unregulated lotteries. There are several exceptions that we'll discuss below.

Coupled with this far-reaching definition are fairly severe penalties for players and operators. Individuals who simply participate in games can face misdemeanor charges; those who run the game, advertise the game or otherwise facilitate illegal gambling can face misdemeanor to felony charges, and repeat offenses trigger harsher charges.

What Gambling is Legal in Illinois?

Several forms of gambling are regulated or licensed by the State of Illinois. The state administers a lottery and permits pari-mutuel wagering on horse racing at approved facilities. Illinois also allows riverboat gambling; riverboat casinos in Illinois can offer a full range of casino games including poker.

There is no explicit exemption in Illinois law for social gambling.

Illinois does allow a wide variety of charitable gambling to be provided by license-holders. Charitable gambling events may only offer roulette, blackjack, poker, pull tabs, craps, bang, beat the dealer, big six, gin rummy, five card stud poker, chuch-a-luck, keno, hold-em poker, and merchandise wheel. Charitable gambling in Illinois is overseen by the Illinois Department of Revenue.

Can I Legally Play Real Money Poker in Illinois?

If you're playing poker at a licensed charitable game or in a riverboat casino, you don't have any problems. However, individuals playing poker for real money in any other setting in Illinois may technically be in violation of state law.

Remember, the law in Illinois makes no distinction between games of chance and games of skill. Additionally, case law in Illinois (People v Mitchell, 1983) has concluded that Texas Holdem falls under the state's definition of gambling. Finally, with no explicit exemption for social gambling on the books in Illinois, even private games and home games could potentially be subject to criminal enforcement action.

With that said, authorities in Illinois seem to have little interest in pursuing charges against individual players. A recent example: A 2012 raid on an illegal poker game in Champaign, IL resulted in charges against the operators of the game, but no charges for participants.

What About Online Poker? Is it Legal to Play Online Poker in Illinois?

Illinois is one of a few states with laws that specifically addresses Internet gambling and online poker. In 2009, Illinois revised its definition of a gambling offense to include the following provision:

Section 28-1(12)
Knowingly establishes, maintains, or operates an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet.

Note that the provision applies specifically to operators and not to individuals using online sites to gamble. That aside, many would argue that current Illinois law de facto prohibits individuals from playing poker at an Illinois poker site or otherwise gambling online, as it generally prohibits any form of wagering that is not explicitly permitted by law.

Illinois Gambling Laws: Fun Facts
There is no tribal gambling in Illinois.
Riverboat gambling is allowed on 'any navigable stream' in Illinois - except for Lake Michigan.

Illinois has offered select lottery tickets for online purchase since at least 2001.

Illinois Online Poker Laws: Recent News

Illinois made online gambling news early in 2012 when two residents were charged with running an online gambling business.

In May of 2012, State Senate President John Cullerton caused a stir by introducing legislation to regulate various forms of online gambling, including poker. Cullerton's legislation failed to meet a procedural deadline in late May, essentially killing the bill for the time being.

Will Illinois Regulate Online Poker Soon?

Many would have considered Illinois something of a dark horse in the online poker regulation race prior to Cullerton's surprise bid, but the state now must be considered as a more serious contender than most. Favoring regulated online poker in Illinois: The state already offers lottery over the Internet, and the population concentration of Chicago alone could provide a viable player pool.

Working against regulated poker: The state is currently engaged in a bit of an internal battle over land-based gambling expansion, and pushing through both that expansion and an aggressive move into online gambling at once could prove politically difficult.

With all of those factors considered, we conclude that there is a reasonable chance of Illinois regulating online poker within the next three years.

Illinois Online Poker Laws

The state of Illinois may be as average as it gets in terms of size (25^th largest state in the Union), but they sure know how to pack them in! It’s the 5^th most populated state, thus it should come as little surprise that there are hundreds of thousands of people from Illinois anticipating the passage of online poker regulation. Before I get ahead of myself, let’s take a moment to briefly review why online poker laws in Illinois are such a hot topic.

Online gambling hasn’t always been appreciated by US politicians. In 2006, the government passed the UIGEA to criminalize the activity of transferring money to/from offshore online poker and casino websites. The threat of penalty fell on payment processors, not players, but it did cause a remarkable exodus of online gaming sites form the US market when the Department of Justice started enforcing the UIGEA over the next few years.

The situation came to a head on what became known as Black Friday, April 15, 2011, when the three largest US-facing poker sites – PokerStars, Full Tilt Poker and Absolute Poker – were shut down by the DOJ. What really stunned American online poker players, however, came in December of 2011 when the DOJ changed its mind about online gambling. They reversed their previous stance, saying the Wire Act of 1961 does not prohibit online gambling on a federal level, thus states would be able to make their own laws in regards to the legalization and regulation of online poker and other forms of internet gambling. At present, Nevada, New Jersey and Delaware have all chosen to regulate online poker within their borders.

Legality of Online Poker Illinois

Now that you’re caught up on the details, we’ll attempt to address the legalities of online poker in Illinois. To do so, we’ll have to examine the current laws in regards to online poker and gambling in general. Anyone residing in the Prairie State should be well aware that gambling is a widely accepted pastime. There are 10 casino establishments in Illinois (although most of them are riverboat casinos due to very strict zoning laws), plus a multitude of horse racing and greyhound racing tracks, not to mention a bountiful state lottery contributing millions to the state’s tax coffers.

Suffice it to say, Illinois is not one of those territories where the battle for online poker regulation will be a long and tedious uphill struggle. Let’s examine the current gambling laws and see how they might pertain to online poker. We’ll also discuss the current status of legislative proposals for regulation in the state.

Illinois Compiled Statutes – Gambling Prohibition

The following script is an exact copy (with a few omissions to maintain relativity and fluency) taken from the Illinois Compiled Statutes, Criminal Offenses of 2012: 720 ILCS 5, Article 28.

Legal Poker Sites In Illinois

Gambling and Related Offenses

Sec. 28-1. Gambling.

(a) A person commits gambling when he or she:

(1) knowingly plays a game of chance or skill for money or other thing of value, unless excepted in subsection (b) of this Section;

Online Real Money Poker Illinois Online

…

(12) knowingly establishes, maintains, or operates an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6) and (6.1) of subsection (b) of this Section.

Author’s Note: section (b) refers to gambling activities that are not illegal, which include state authorized and regulated venues that supply things like pari-mutuel wagering, bingo, state lotteries, charitable gaming, riverboat gambling, licensed video gaming terminals, and games of skills where there is no purchase required to win a prize. The above reference to section (b), sub-sections (6) and (6.1) refer to online lottery sales authorized and regulated by the Illinois state lottery.

(c) Sentence.

Gambling is a Class A misdemeanor. A second or subsequent conviction under subsections (a)(3) through (a)(12), is a Class 4 felony.

That about sums it up for Illinois online poker laws. If you’d like to read the full literature of Illinois gambling laws, please use the link provided above.

What does it all mean? Is online poker illegal in Illinois?

Item 12 is very specific, prohibiting the act of gambling over the internet (unless you’re buying an Illinois state lottery ticket from an authorized site). Gambling is defined as any game of “chance or skill”, so there’s no arguing that it is legitimate because poker is a skill game. The cut and dry answer; Yes, online poker is illegal in Illinois… for the moment.

Is Illinois working to regulate online poker?

Here comes the good news – Illinois is one of the few states that is working towards the legalization of a regulated online poker industry. In 2012, state legislators reviewed House Bill 4148, an internet gambling bill that received a great deal of support and would have legalized online poker in the state. Multiple amendments were applied to the bill along the way, but it died an unceremonious death when it was pulled from the table by State Senate President John Cullerton.

How To Play Online Poker In Illinois

Then in March of this year, a new bill was proposed as an amendment to SB 1739, which would expand the reach of land-based gambling in Illinois, as well as creating legal framework for online poker and other forms of gambling. Unfortunately, the online gambling provisions were stripped form the bill before it was passed into law.

Real Money Poker Online In Illinois

On the bright side, there is a lot of support for legalization and regulation of online poker in Illinois, and law makers are not giving up on the subject. There’s no hope that the Prairie State will pass such laws this year, but 2014 could bring significant changes to Illinois; a state that has been struggling with budget deficits and seeking new ways to fill those holes. As other states like Nevada, New Jersey and Delaware introduce online gambling sites within their borders and prove just how lucrative the online gambling industry can be for individual states – especially one with such a high population – chances are that Illinois officials will eagerly move in that same direction.