South Dakota Gambling Laws
Organizations are required by both statue and administrative code to establish a written system of internal accounting and administrative controls. The Gaming division has created a sample manual to assist organizations in creating their own gaming internal controls.
South Dakota Gambling Laws. All gambling hosted outside of licensed casinos, racetracks and betting sites is considered unlawful in South Dakota. State statutes appear to have no exemption for social games played at home, such as private poker games played among friends. Section 22-25-1 of the Codified Laws has this to say about gambling. As with many states in the US, South Dakota has two legal ages for gambling which relate to different forms of gambling. To place bets on live horse and dog races or simulcasts, you must be aged 18 or over. To play in any of the casinos in Deadwood or any of the tribal casinos, players must be aged 21 or older. Online gambling is explicitly illegal in South Dakota – for some citizens. The Mount Rushmore State passed a law about a decade ago called Chapter 22-25A. This law makes it illegal for “those in the gambling business” to place online wagers. While South Dakota online gambling is not locally regulated, the Mount Rushmore State is actually the third in the country with legalized land-based gambling. The best South Dakota gambling sites offer internet betting and gaming, but they’re all based in other. 42-7B-6 South Dakota Commission on Gaming created. 42-7B-7 Promulgation of rules-Enforcement of chapter. 42-7B-7.1 Commission may suspend gaming at its discretion. 42-7B-8 Regular and special meetings-Quorum-Cost of special meeting requested by person other than chair, two members,.
Review the Laws & Rules
- Games of Chance Laws(Legislative Council's website)
- Gaming Administrative Rules(Legislative Council's website)
Quarterly Reports
North Dakota Games of Chance Reports of Activities. Prior reports, if available, can be obtained by contacting the Gaming division. Beginning January 2019, the quarterly reports will be issued after the end of the next following quarter.
Administrative Rules
After all, South Dakota is where the Wild West was born, just south of Mt. Rushmore in the town of Deadwood. That’s where the romantic images of cowboys and outlaws playing cards with full glasses in six shooters on their tables originated – and it’s probably why there may be a deeper fascination with gambling in South Dakota than there is anywhere else in the world. We discuss South Dakota gambling laws in this article so you can make informed decisions about gaming.
While the reality of anything is very seldom a match for the romantic fantasy, those who have a regular and responsible hobby gambling can attest that not only does the hobby provide a great deal of fun and excitement, but even the chance for a little bit of profit if a player works the cards to their favor. While gambling is certainly not for everyone, there are many US citizens and residents of South Dakota in particular who do not participate even though they confess to having an interest in doing so. The reasoning? The laws are just too confusing, and they fear jail time.
Federal law regarding gambling states that while the unlicensed facilitation of gambling may be a serious crime, there are actually no laws against the act of placing bets or wagers, so the federal government leaves the individual who merely want to gamble well enough alone. While state legislation ion South Dakota adds their own rules and regulations into the mix, an analysis of the laws shows that it is entirely possible to gamble regularly, safely, and legally within South Dakota’s borders.
The remainder of this webpage will serve not only as a detailed guide to legislation in South Dakota as it concerns the act of gambling, but will help residents find the best and most legitimate avenues for doing so that are free from any risk of legal prosecution. Welcome to SouthDakotaGamblingLaws.com, the answers are close!
The Legality of Gambling in South Dakota
A quick glance over of South Dakota gambling laws reveals one major attribute: South Dakota lawmaker’s are surprisingly advanced. Whereas most states host antiquated laws that still touch on the use of telegrams, South Dakota, in an attempt to protect legalized gambling in Deadwood, has stayed relevant to the times and adapted their gambling laws to the modern age if the internet.
The gambling policy in the Mt. Rushmore State is essentially split in two halves, one devoted to land based gambling and the other devoted to the popular activity of gambling on the internet. While it’s possible to do both safely and legally, there are separate set of regulations that will require residents to show a little bit of care if they are to attempt to gamble in South Dakota.
Gambling Legally on Land in South Dakota
The policies regarding land based gambling in South Dakota are simple and straightforward, possibly more so than in any other states. In what is a deviation both from federal law and the standard set by the other states in the union, South Dakota actually defines “gambling” and “keeping a gambling house” in the same heading.
Whereas in most states the penalty for actually placing a bet is much milder (if one even exists) than the penalty for hosting a gambling event, in South Dakota they are seen as one and the same crime. This means that, if a resident is involved in any sort of gambling event, be it a bet on a sports game, a game of poker or a traditional casino game, the legal penalty for merely playing the game would be identical to the penalty for operating the game. The good news here is that the penalty is incredibly mild.
South Dakota Gaming
In accordance with chapter 22-25-1 of South Dakota law, this act is a class 2 misdemeanor, which is usually only a citation, but in extreme cases can amount to up to $500 in fines and/or 30 days in jail. One may wonder why law enforcement agencies would go to any trouble to track down criminals for such a meager return, and this could set up a suspicion that would only be confirmed by checking with the legal history books in South Dakota: that chapter of law is rarely enforced, and never in the history of the state has one been brought up on charges for merely participating in a gambling event. Only in the most extreme circumstances (IE, one is the head of a major crime syndicate operating an illicit casino) would one have to worry about any charges related to land based gambling.
Legal Online Gambling in South Dakota
Once South Dakota accounts for the presence of the internet and the popularity of gambling on it, the issue becomes a shade more complicated. First off, it must be said that even though South Dakota code defines the act of betting online in chapter 22-25-A1, it is not the traditional definition of betting. As far as the state lawmakers are concerned, while placing bets online may not be a serious crime, taking bets or setting up a business online with the intent of making bets is.
South Dakota will go to extreme measures to ensure that no one can operate internet gambling within their state. It is not only residents who actually start up or maintain online operations with the intent of facilitating gambling who are susceptible to this definition, but those who startup businesses with the intent of facilitating online betting for another party, or profit from it in any way.
It’s really the profiting from internet gambling that is considered a crime, and this does not mean winning money from a website by virtue of skill or luck in gambling, but by being in a position to make a profit without actually betting anything. This means that not only are the webmasters behind the domains and networks guilty, but also operators of land based internet cafes who avail the machines in their facility for the purpose of gambling. In fact, South Dakota is one of the world’s leaders when it comes to seeking out and shutting down operations with the intent of allowing clients to gamble online.
These are serious violations, and on just the first offense of “online betting” as it is defined in South Dakota, (which means only the facilitation, not the act of betting) the guilty party will be guilty of a class 6 felony. This will land the offender in prison for up to two years and can net them a $4000 fine. All subsequent offenses will be treated as class 5 felonies which are good for up to five years in prison and a fine of up to $10,000.
The lesson? While it may be legal to actually gamble online, no South Dakota resident should tie themselves to a business that profits from online gambling, and if one wants to gamble online, ensure that your host is located somewhere outside of South Dakota jurisdiction so that the money they deposit in their account will be safe from seizure per South Dakota gambling laws.
Betting Laws In South Dakota
Unfortunately, due to federal law concerning the subject, the state of South Dakota is unable to sanction any land based sports betting. Even though the state in sneakily home to one of the most active land based gambling communities in the nation, they are unable to allow a resident to place a bet on a game from anywhere within the state. If one is determined to bet on sports on land in South Dakota, they will be forced to associate with a criminal element, which, for many reasons, is strongly advised against.
Luckily, there are many legal sports betting websites for South Dakota residents to choose from. Since the facilitation of internet gambling in the state is such a serious crime, be sure that whichever website you choose to bet with is located offshore and outside of South Dakota jurisdiction, as all the ones indexed on this page are. Once a player has selected a sportsbook they feel best about, they are free to place all the bets on future events that they please, since betting online is not criminalized by the state.
In the historic town of Deadwoods lies a wealth of casinos featuring all sorts of traditional casino games and slots machines. If a resident is near the town, they will always be close to a thrilling gambling experience. However, in a state as big as South Dakota, this is a poor assumption. There are 10 tribal casinos spread throughout the state who also offer these games, but they are spread fairly thin, and many only offer video gambling devices.
To save some gas or make a short gambling stint more convenient, many South Dakota residents maintain accounts with legal online casinos. Once an account has been started up with these legal offshore enterprises, players can take part in video gambling from the comfort of their own home or mobile device anytime – anywhere.
Live poker rooms are offered in most Deadwood casinos, and five of the tribal casinos spread throughout the state. These destinations can be fantastic ways to socially play poker in a large crowd, but residents will most likely run into a location problem – IE, they are far away.
Luckily, local law enforcement will not interfere with the sanctity of the home game. Not only are private games amongst friends free from prosecution, but South Dakota residents are free to spend a quiet night in playing online poker, so long as their account is located offshore.
Legal Gambling Age In South Dakota
South Dakota gambling laws says residents are free to gamble in any of the land based casinos in Deadwood or online just so long as the website is not based in the state. There is, however, one key exception: they must be over 21. If one were to attempt to gamble before reaching the legal age, they would find themselves susceptible to many unsavory penalties. They would most certainly be hit with a huge fine, and if they are over 18, almost assuredly stare down a jail sentence. In addition, the casino an offender is caught in will seize all of their funds, making the entire exercise one in futility. If you fall short of meeting the minimum requirements then please wait…the negatives far outweigh any potential profit.
| General | Lottery | Casinos | Poker | Pari-Mutuel | Bingo |
|---|---|---|---|---|---|
| 18 | 18 | N/A | N/A | 18 | N/A |
Where to Gamble in South Dakota
On-Land: While the historic city of Deadwood may not be Las Vegas, it’s sneakily one of the most gambling friendly places in the country, and nowhere near as tacky. If someone is seen wearing a ten gallon hat in Deadwood, it may not be a prop, it’s probably their genuine garb! This town allows residents and visitors alike to gamble where the likes of Wild Bill Hickok and Calamity Jane once did many, many years ago, and provide them with a link to history. There are also a few tribal casinos scattered throughout the state.
Online/Web-Based: South Dakota may be home to some of the strictest policy against online gambling facilitation in the country, but it doesn’t mean residents can’t bet online. In fact, there are no laws against doing so, so as long as prospective gamblers are choosy about who they trust with their hard earned money and go with websites that are located offshore and outside of South Dakota jurisdiction, they should be happy as a clam.
The advantages of gambling with legal online entities are two fold – since these sites are held both to the laws of their native countries and the strict parameters of the international gaming commissions that certify them, not only are all financial transactions guaranteed to be secure and speedy, but fair play is guaranteed for all of their members.
Best Legal Gambling Site For South Dakota Residents
South Dakota's Best Casino, Poker Room & Sportsbook
If you are looking for a legal South Dakota gambling site, chances are, the lax attitude towards gambling in your home state will make you picky. After all, this experience will need to top the several legal land based casinos found throughout the state. Enter Bovada, the absolute tip-top of the industry when it comes to legal online gambling.
Bovada know that its South Dakota players have the option to go to land based casinos to gamble, so they take special care to ensure their website is the fantastic and customizable experience that they dream of. The mobile betting site provided by this legal gambling network is powerful and comprehensive. When you’re stuck in waiting room at the dentist’s office, you have the option of placing bets with the world’s most complete sportsbook, playing in a bustling poker room, or choosing from one of the hundreds of traditional casino games. When you bet with Bovada, you hold all the cards!
Other Recommended South Dakota Betting Sites
South Dakota Gaming Laws
Disclaimer - How To Get More Help
While we are confident that the information presented on this page is an accurate representation of South Dakota gambling laws, we are not lawyers and therefore cannot provide a formal legal consultation. Further questions should be directed towards a legal professional or the South Dakota legislation at legis.sd.gov.
Sd Video Lottery Laws
Click Here to see South Dakota's state statutes online.