Pennsylvania Gambling Laws, Regulations and Guide

Pennsylvania has experienced a quick rise in the gambling world. After
legalizing casinos and racinos in 2004, they have now earned over $3 billion
from 13 casinos.

Thanks to high casino taxes, the state collects over $1.4 billion in annual
tax revenue – highest of any American casino market.

Gambling is big business in the Keystone State, and they’re looking for ways
to increase this business. The most discussed option right now is regulated
online gambling. The exciting thing is that Pennsylvania is close to legalizing
the activity at the time of this writing.

So, what are your Internet gambling options in the meantime?

This is one question that we’ll answer while covering Pennsylvania’s online
gambling laws.

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Online Gambling and Pennsylvania Law

Pennsylvania’s criminal code doesn’t mention online gambling or any related
terms like “Internet” or “computer.”

This leaves their Internet gambling market in a grey area-one that’s served
by many offshore operators. Going further, you can access a number of online
casinos, poker rooms and sportsbooks from Pennsylvania.

Of course, just because offshore gambling is available doesn’t mean it’s
legal. This is why we’re going to take a deeper look at Pennsylvania’s gaming
laws below.

Is Online Gambling Legal in Pennsylvania?

No, but it’s not explicitly illegal either.

The Pennsylvania Constitution doesn’t offer a definition of illegal gambling.
Instead, their criminal code is mainly focused on illegal operators – especially
those offering lottery games.

Code 5513 is the closest thing that could be used to pursue offshore gambling
operators. Here are a few excerpts from this law, which lays out first-degree
misdemeanor penalties:

(2) “… allows persons to collect and assemble for the purpose of
unlawful gambling at any place under his control.”

(3) “… solicits or invites any person to visit any unlawful gambling
place for the purpose of gambling.”

These statutes are aimed at illegal land-based gambling businesses. They can
also be used against offshore gaming sites if Pennsylvania feels the need to do
so.

In summary, we don’t see anything too damning against Internet gambling. This
is why offshore operators continue to offer services to Quaker State residents.

How Close is Pennsylvania to Legalizing Internet Gambling?

At the time of this writing, Pennsylvania is very close to regulating
iGaming.

The Keystone State’s legislative efforts dates back to 2013, when House
Representative Tina Davis introduced a bill to legalize online poker. This
legislation didn’t go very far, but it did get the ball rolling.

2015 saw another advancement when the House Gaming Oversight Committee passed
HB 649 by an 18 to 8 vote. The State House, however, rejected the legislation by
an 81 to 107 vote.

In 2016, HB 649 passed the State House by a 114 to 85 vote, but the State
Senate elected not to vote on the bill before their session ended.

Currently, two bills are on the table in SB 900 and HB 271. Here’s a closer
look at both pieces of legislation:

SB 900 – Sponsored by State
Senators Kim Ward, Joseph Scarnati and Elder Vogel, this bill would legalize
online casino and poker games. The tax rate is 54% though, and the licensing fee
is $10 million for 5 years. The 54% tax rate will scare many potential operators
away.

HB 271 – Another bill that
would regulate online casino games and poker, this legislation has passed the
Senate Appropriations Committee (24 to 2 vote), Senate Community Economic &
Recreational Development Committee (11 to 3 vote), State Senate (38 to 12 vote)
and State House (102 to 89 vote). The House lowered the tax rate (also 54%), and
the Senate must now vote to see if they approve.

Considering that the State House and Senate have both passed iGaming
legislation, it’s obvious that the state is in favor of the activity.

This is the case especially when considering that they must be creative about
finding ways to fund their $32 billion budget plan. The biggest hang up, though,
is the enormous tax rate.

If they can get this aspect settled, then it won’t be long before
Pennsylvania has regulated iGaming.

Can I Get Arrested for Gambling Online in Pennsylvania?

It’s very unlikely that you will be – if not downright impossible.

Pennsylvania’s criminal code doesn’t include any language that would result
in prosecution solely for playing online casino or poker games.

The one way this will change, though, is if Pennsylvania legalizes online
gambling.

This would make it perfectly legal to play at licensed online casinos and
poker sites, but the state government would almost assuredly ban residents from
playing at offshore gaming sites.

We’ve yet to see any of the states with regulated iGaming markets (Delaware,
Nevada, New Jersey) arrest anybody for offshore gaming. Then again, all three
states have also banned offshore companies and made it clear that they won’t
tolerate these sites operating in their boundaries.

Are Offshore Gaming Sites Safe?

We see Pennsylvania legalizing online gambling in the near future. Until this
happens, your best option is offshore sites.

The key is making sure that you only choose reputable sites that offer good
customer service and longevity. The latter aspect is especially important so you
know that the company operates honestly enough to stay in business.

Here are a few other key factors you want to look for in an offshore gaming
site:

• Deposit options that you can use.
• 24/7 customer service with live chat.
• Good game variety.
• Limited customer complaints (google for complaints).
• Favorable bonus terms & conditions – the lower the bonus wagering
  requirements, the better.
• Fair gaming with no major scandals.

Remember that offshore gaming companies aren’t licensed in the U.S., so they
don’t adhere to laws in unregulated states.

This makes it important to read reviews and do your research to make sure
that you’re signing up with a quality operator. If it makes you feel better, the
majority of offshore sites are reputable and value repeat business.

Also On This Page

More Gambling Laws in Pennsylvania

• Casino Games: Legal
• Sports Betting:Illegal
• Poker: Legal
• Racing Betting:Legal
• Lottery: Legal
• Bingo: Legal
• Charitable Gambling: Legal
• Social Gambling: Not Specified

Casinos: Legal

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The Racehorse Development and Gaming Act of 2004 allows for legal commercial
casinos, racinos and slots parlors in Pennsylvania.

The Keystone Stone has experienced major success with their casino market,
pulling in over $1.4 billion in tax revenue annually.

They’ve also managed to keep many of their residents from traveling to New
Jersey and other destinations for gambling. While this has been detrimental to
Atlantic City, it’s kept billions of tax dollars in state over the years.

Pennsylvania has video gaming in its bars, nightclubs and restaurants. These
are only Class II gaming machines, though, meaning they must determine results
through virtual bingo cards.

Aside from having a predetermined number of prizes, Class II gaming is
similar to slot machines in commercial casinos.

Charitable Gambling: Legal

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The Small Games of Chance Act sets forth laws and regulations for charity
gambling.

This act allows approved groups to generate revenue through bingo, drawings,
pull tabs, punchboards, raffles and weekly drawings.

Eligible groups must advance one or more of the following causes:

• Combat juvenile delinquency.
•  Helping the aged, distressed and/or poor.
• Improving  mental, physical or spiritual aspects of young men and women,
  such as the YMCA and YWCA.
• Offering humane services.
• Volunteer ambulance, firefighter, rescue squad, senior and wildlife
  organizations.

Lottery: Legal

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Approved in 1971, Pennsylvania has one of America’s biggest lotteries,
pulling in over $4 billion in annual revenue.

Available games include: Big 4, Cash 5, Daily Number, Mega Millions and
Powerball. They also feature scratch off/instant tickets, which are their
biggest sellers.

Poker: Legal

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Pennsylvania has several poker rooms throughout the state, and they offer
over 260 tables combined.

Available poker games include: 7 card stud, 7 card stud Hi Lo, mixed games,
Omaha, Omaha Hi Lo and no limit Texas holdem.

Racing: Legal

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The Coal State has six racetracks, including Harrah’s Philadelphia, Hollywood
Casino (off track), Meadows Racetrack, Mohegan Sun at Pocono Downs, Parx Casino
and Racing and Presque Isle Downs and Casino.

Thanks to the Race Horse Development and Gaming Act, all of these venues can
offer slot machines.

Social Gambling: Not Specified

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Pennsylvania’s gambling laws don’t offer a definitive statement on social
gaming.

Code 5513 (2) does contain the following excerpt though:

“… allows persons to collect and assemble for the purpose of unlawful
gambling at any place under his control.”

This would technically make hosting a social gambling function illegal, but
without a concrete definition on illegal gambling, it’s hard to make this
determination.

The case
Commonwealth vs. Watkins makes it seem as if social gambling is legal in
Pennsylvania.

Pennsylvania charged Diane Dent and Walter Watkins with holding illegal poker
games in their garage. Dent received tips while working as the dealer, which was
one of the biggest issues.

Despite the voluntary dealer tips, Judge Thomas A. James Jr. acquitted Dent
and Watkins as he ruled that poker is skill based game.

Pennsylvania will bust an illegal gambling function where the host is
profiting through rake and/or by selling food and drinks. You’re most likely
safe to engage in social gambling here, provided everything is legal.

Gambling Venues in Pennsylvania

Pennsylvania has one of the largest casino gambling markets in the world with
over 29,000 gaming machines and 1,100 table games.

Their biggest gaming venue is Parx Casino and Racing, which has over 3,500
slot machines and 130 table games. The second largest is Sands Bethlehem with
more than 3,000 gaming machines and 180 table games.

Below, you can see details on these casinos and others in the Pennsylvania
gambling market:

History of Gambling in Pennsylvania

Pennsylvania had a quiet gambling history until 2004, when the Racehorse
Development and Gaming Act approved casinos, racinos and slots parlors.

Since then, Pennsylvania has had 12 casinos spring up in their state.

Mohegan Sun at Pocono Downs became the first casino to launch in the Quaker
State. Nine more gambling venues would open over the next three years alone.

One thing that’s currently missing from Pennsylvania’s gambling history,
though, includes legalizing online gaming. With several legislative attempts in
recent years, this should come very soon.

Pennsylvania FAQs

The Keystone State doesn’t have any laws for or against online gaming. This
leaves a lot of questions to be answered regarding both daily fantasy sports
(DFS) and other forms of iGaming.

Let’s look at a few of the FAQs that we’ve received on Pennsylvania’s online
gaming market.

Additional Resources

The Pennsylvania Gaming Control Board oversees the state’s 13 licensed
casinos and slots parlors. They also work with the State Horse Racing Commission
to oversee racinos.

Here’s a closer look at both of these agencies along with more resources on
Pennsylvania gambling laws.

• Pennsylvania Gaming Control Board

The Gaming Control Board’s website offers revenue reports, regulations, info
on hearings and licensing information.

• 
  Pennsylvania Gambling Law Amendments

Pennsylvania’s gaming laws are constantly influx, but this page will help you
keep up with some of the updates they make.

The Future & Your Views

Pennsylvania is the next closest candidate to legalize online gambling.

They’ve introduced several pieces of iGaming legislation over the past few
years. HB 271 has passed both the State Senate and House, even though the latter
takes issue with the taxes.

The main sticking point is the 54% tax-rate that’s featured in HB 271 as well
as several other legislative attempts.

Pennsylvania taxes land-based slot machine revenue at 55%. Politicians would
like to see the online gambling rate approach this amount.

We don’t see this being viable, though, because nobody in the world taxes
Internet gambling at 54%.

Many consider Spain to have a high iGaming tax rate at 25%, not even charging
half of what Pennsylvania bills have proposed.

By comparison, neighboring New Jersey only taxes online gambling revenue at
15%.

The good news is that Pennsylvania needs as much revenue as possible to meet
their current $32 billion budget. This makes it likely that they’ll work out the
tax-rate problem and pass something soon.

In the meantime, Quicker State gamblers still have access to a wide variety
of offshore gaming sites.