South Dakota has many gambling options, compared to the few other US States. While there are some prohibited forms of gambling, most of the games are still available.
Sports betting has not been offered in this state yet, but it is legal in neighboring state Iowa. Although a bill was introduced in the early part of 2019, it was not passed. This prevents Deadwood and other casinos from opening sports betting rooms. Sports betting is still illegal.
Daily Fantasy Sports is illegal. The Attorney General stated, however, that DFS is not illegal in South Dakota.
Gaming on Racetracks, Charitable Gaming and the State Lottery is allowed.
Oddly Social Gaming isn’t legal. This includes playing real money games such as blackjack and poker. No laws are enforced, however similar to DFS.
Online gambling cannot be offered by sites located in South Dakota. There are no South Dakota-based online casinos, however there are many other options.
South Dakota Online Gambling
South Dakota has a very broad definition of gambling. Section 22-25-1 of the Statute Law defines gambling as ” anyone using a ….device in order to wager something worth”. Further, the law adds that gambling is a game involving chance and excludes games involving skill.
Considering the above definition, online gambling can be considered illegal in most cases (but not necessarily).
Because the law is complicated and unclear in its application, South Dakota law enforcement agencies turn a blind o the online gambling activities that residents. The focus is on illegal gambling operators, but not those who are playing as Players. This is a common practice in many US States. You will also find many online casinos willing to accept US Players.
South Dakota is the 48th most popular state for playing at online casinos. It wagers an estimated 2 million per year. This ranks it just behind Vermont, and behind Wyoming. California has $180 million in offshore casino wagering.
A Lawyer’s Opinion
South Dakota is in the middle of the pack when it comes land-based gambling and online gambling. The majority of forms of land-based gambling are allowed, which includes traditional casino table games and slot machines, as well as poker. Online gambling is generally prohibited, except for horse racing betting and fantasy sports. SeeSDCL 23-5-110 , et seq. ; SDCL 23-4101 et.
Sports Betting. South Dakota does not regulate online fantasy sportsbooks. However, general sportsbook making is strictly forbidden. However, legislators are trying to pass a bill amending South Dakota’s state constitution to allow for sports betting. Individuals who wish to play online sports betting must do so through sites that are not part of the state.
Horse Betting: South Dakota has horse betting legal at its tracks and other venues that permit pari-mutuel betting. Online betting is allowed if it is done through a licensed domestic platform such as Twinspire and TGV.
Online Gambling. Participation in poker rooms and online gambling is not allowed in South Dakota. Individuals who wish to gamble online, including in poker, must make bets through sites outside the state.
Online Gaming: Skill Games are not allowed if they are played for money. Individuals who want to pay for games like Bedazzled should do so via platforms outside the state.
This multi-state research was conducted by a U.S. licensed attorney. It is intended for informational purposes only. The information is not complete or accurate in all aspects. This brief should not be taken to mean that we are giving specific legal advice. You also acknowledge that there is no attorney-client relationship between us. This brief should not replace competent legal advice from your state’s licensed entertainment and gambling lawyer.
Bingo is legal. It is a form that cannot be legally gambled on because of a law that permits charitable gaming. Bingo is also available as a Class 2 game under the IGRA tribal gambling laws. Therefore, you can find bingo halls in tribal casinos and bingo rooms.
South Dakota Lottery has many lotto games with innovative prizes. They recently launched a lotto that will allow you to buy one year of pork or cash equivalent. This lotto game might be for you if you are a fan of pork. There are also scratchies and video lotto available through the SD Lottery. The State Lottery’s proceeds support infrastructure and education goals for the stave government.