Gambling

I often go to Las Vegas to gamble. Is it legal for me to place bets over the phone for my friends back home while I'm in Las Vegas? - Is this your question? Add additional information

Answers (3)

Aaron A Pelley

Aaron A Pelley

Contributor Level 5
The short answer is, yes. The long answer is provided below.

At the State level (for Washington):

9.46.240. Gambling information, transmitting or receiving
Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet, a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021. However, this section shall not apply to such information transmitted or received or equipment installed or maintained relating to activities authorized by this chapter or to any act or acts in furtherance thereof when conducted in compliance with the provisions of this chapter and in accordance with the rules adopted under this chapter.

9.46.0245. "Gambling information"

"Gambling information," as used in this chapter, means any wager made in the course of and any information intended to be used for professional gambling. In the application of this definition, information as to wagers, betting odds and changes in betting odds shall be presumed to be intended for use in professional gambling. This section shall not apply to newspapers of general circulation or commercial radio and television stations licensed by the federal communications commission.


At the Federal Level
There is also The Wire Act, 18 U.S.C. § 1084 (2006). The Wire Act makes it illegal to make bets using telecommunication systems. The Wire Act was created to prevent bookies from accepting bets over the telephone. In In Re MasterCard International Inc., the court held that the Wire Act only applies to sports betting and not the broader category of Internet-based casinos. 313 F.3d 257 (5th Cir. 2002).

My guess is that there are laws in Nevada that also make this illegal.

John Thomas Floyd III

John Thomas Floyd III

Contributor Level 3
Technically speaking, it is illegal to post bets via telephone or any wire device, including through the internet.
Lawrence G. Walters

Lawrence G. Walters

Contributor Level 2
With respect to federal law, the Wire Wager Act has been interpreted to prohibit only to sports betting operations, and not to other games of chance such as common casino games or card games. Moreover, it has never been applied against a casual bettor, but only against those operating a gambling business. The Justice Department has confirmed that the Wire Act does not apply to mere betting activity. Therefore, federal law does not prohibit the act of betting over the telephone, particularly on non-sports related games of chance. Check your state laws for any additional restrictions.

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