North Dakota Betting Laws + Gambling Statutes
When a US citizen has an image of gambling, they usually go pretty big. They tend not to think of someone reasoning out careful wager and betting according to a carefully kept budget, but rather they tend to envision a swanky high roller betting the farm on the single spin of a roulette wheel. Celebrities like Frank Sinatra tend to advance some romantic ideal of the high roller, and some Americans even cling to the desperation of the down on his luck gambler desperately hoping for the turn of a card to reverse his fortunes for the rest of his life. The reality is that a knowlege of North Dakota gambling laws will guide you through a safe betting experience.
Reality is rarely a match for romantic fantasy, and that goes double for the notion of gambling. When it comes to a regular and responsible gambling hobby, the reality is generally much closer to the first example, of someone with a carefully crafted budget setting aside how much money they are comfortably playing with, and just hoping to turn a profit. In fact, those who do gamble regularly can attest that few hobbies can provide as much excitement, and any profits won are mere icing on the cake.
Still, gambling is not for everyone, which is perfectly fine. However, many North Dakota residents who profess to have an interest in gambling do not participate simply because of a poor or false understanding of the laws in their home state that govern it. In accordance with federal law that governs all US citizens, while the facilitation of unsanctioned gambling is a very serious crime, it is perfectly legal to merely participate.
While North Dakota law has its own set of rules and regulations on the subject, this is the template by which most states craft their laws. NorthDakotaGamblingLaws.com is devoted to helping North Dakota residents arrive at a deep understanding concerning the gambling laws in their home state, as well as steering them towards the safest and most legal means possible for gambling.
Legality - Is Gambling Legal In North Dakota?
The first and most important thing to understand about North Dakota gambling laws and how they differ from federal policy is that it does, in fact, offer a definition and a punishment for the act of gambling. Chapter 12.1-28-01 defines the act of “gambling” as “risking any money, credit, deposit, or other thing of value for gain, contingent, wholly or partially, upon lot, chance, the operation of gambling apparatus, or the happening or outcome of an event, including an election or sporting event, over which the person taking the risk has no control.”
While that long passage is certainly a mouthful, it is plain to see that it easily includes all the most popular forms of gambling, including sports betting, traditional casino games, and through the clause which states that a game must be dependent “only in part” on chance, poker as well. However, all is not lost for the casual gambler in North Dakota.
An examination of chapter 12.1-28-02 section 2 will reveal that “gambling” is only a criminal act if more than $500 is wagered at any given time. This should provide a wide safety net for all but the most avid gamblers in North Dakota. A violation of this code will result in a class A misdemeanor, which can result in up to a year in jail along with a fine of up to $2000.
However, there is little reason to worry. Even if, by some chance, a North Dakota resident is the type to wager more than $500 in one sitting, (if so, this is a good time to note that if you like our website, we ARE open to accepting grants) this is not a code that is enforced in North Dakota. The target of these laws in both North Dakota and the United States at large is and always has been larger criminal syndicates, never individuals.
However, this cannot be read as a free pass to take part in whatever gambling events that one pleases. North Dakota residents need to be especially careful not to take part in what would be considered the “business of gambling” as outlined in chapter 12.1-28-02 section 3. A commission of this offense will be instantly classified a class C felony. Not only will offenders have that criminal charge on their record for the rest of their natural lives, but they can receive up to five years in a state prison along with a fine of $5000.
It goes without saying that this action should be avoided, no matter the cost!
Difference Between Gambling & The Business of Gambling
Fortunately for North Dakota residents, the difference in execution of these two acts is just as stark as their punishments. In order for one to “gamble,” at least one other person is required. When a player makes the conscious decision to partake in a gambling event or activity, they need to find at least one other party in order to take their money and either keep track of the event on which they bet for the purpose of paying out the winner, or operate the game in which the gambler would like to play.
This second party who assumes responsibility for the money as well as for the operation of the game would most likely be found guilty of being “in the business of gambling,” and susceptible to that major felony charge whereas, unless the gambler was deliberately skipping around the room and flaunting the fact that they bet over $500 to local law enforcement, they would get away completely free.
This does not mean that law enforcement agencies in North Dakota are wandering aimlessly around neighborhoods breaking down doors and rounding up anyone who hosts a poker game, for there is one more crucial parameter that must be met in order for one to be guilty of being “in the business of gambling:” they must make a profit from the gambling activity.
This does not mean that Bill the taxidermist has a lucky evening at cards during Friday night poker at his house, but rather that the offender would have set themselves up in a position to profit from gambling regardless of whether or not they were actually placing bets. Some examples of this include but are not limited to charging admission solely for the privilege to play in a gambling event, collecting a “rake,” (a small percentage of each pot in a game of poker given to the house as profit,) operating a traditional casino game as the “house,” (who always stands the best chance of winning,) operating a sportsbook in which the guilty party assumes responsibility for collecting losing bets and paying out winning bets, usually at a profit, or even selling food or drinks during a game at a markup.
Just so long as a resident of North Dakota avoids these incredibly specific actions, they will avoid not only that felony, but any legal attention at all for violating North Dakota gambling laws.
State Betting Laws In North Dakota
North Dakota Sports Betting Laws
In 1992, the Professional and Amateur Sports Protection Act was passed through the US congress, thusly banning any state from sanctioning sports betting save for the four who were grandfathered an exception. Unfortunately, North Dakota was not one of those states, so unless there is ever a drastic and marked change in federal policy on the subject, sports betting will never be sanctioned on land in North Dakota.
For this reason, hundreds of residents of the Roughrider State log onto legal online sportsbooks for North Dakota players every day in order to bet on their favorite sports. While it’s true that any website operating for the purpose of gambling in North Dakota would be susceptible to a full government shutdown and seizure of property, all the gambling sites indexed on this page are located offshore, and therefore safe from the interference if the US government.
North Dakota Casino Gaming Laws
For those who want to gamble on land, there are ten federally exempt Indian casinos scattered throughout the state, five of which are licensed to have fully functioning table games. To be frank though, not even these fully functioning casinos will be confused with the Vegas trip anytime soon. Still, something is always better than nothing and if a North Dakota resident is lucky enough to live a reasonable distance from one of these facilities (not a great assumption in a state as large as North Dakota) there is surely fun to be had.
Still, for those who prefer gambling from the convenience of their own home, there are several legal North Dakota online casinos available. These websites offer even more variations of video gambling than most land based casinos, and they allow you to play without getting out of your pajamas.
North Dakota Poker Laws
In five of the casinos scattered throughout North Dakota are licensed poker rooms with tables which will allow residents to go up against one another in friendly and regulated competition. All the thrills of hitting the felt can be found in these rooms that, in most cases, run around the clock in order to keep the supply of poker games level with the demand.
Of course, assuming that one of five facilities scattered throughout the enormous state of North Dakota may not be as easily reached, the sanctity of the home game in North Dakota is intact. Whether one is enjoying a private game amongst friends or a quiet night in playing poker online, the law will leave them well enough alone just so long as no one is turning an unlawful profit for the game.
Age To Bet In North Dakota - What's The Gambling Age?
North Dakota as a state is friendly towards gambling, with residents that are free to participate in gambling however they like, more or less. There is, however, one key exception: those who attempt to gamble under 21, which is the legal gambling age in North Dakota.
Those who find themselves in violation of this policy will not only face steep penalties from the state like fines or even jail time, but their funds could be seized by the venue through which they were gambling underage, making the entire exercise one of futility. The best advice for gamblers under 21 is to wait until it is your time – there are things in life worth waiting for, and legal gambling is one of them.
General |
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18 |
Lottery |
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18 |
Casinos |
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21 |
Poker |
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21 |
Pari-Mutuel |
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18 or 21 |
Bingo |
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N/A |
Legal Gambling In North Dakota
On-Land:
While there are ten individually licenses tribal casinos in North Dakota where five of them are fully licensed for table games, surely anyone who’s looked at a map can see the problems here: they are spread few and far between. While those who live nearby can make regular use of the facilities, for some North Dakota residents they may as well be crossing state lines for the drive they will have to make.
Online/Web-Based:
Fortunately, there is a wide availability of legal North Dakota gambling sites. In accordance with state law, it is legal to use these sites solely for the purpose of gambling, and just so long as a player is careful to use a site that is located offshore, they will be free from the risk of the government shutting them down and seizing any attached funds. Anyone in the US who played on those sites can attest to the advantages there.
In addition to being legal, North Dakota residents can have the peace of mind that they are gambling with a legitimate enterprise. Both the laws of these countries that host legal gambling networks and the parameters of their gaming commissions guarantee airtight security on their finances, and fair play for all users on all games.
North Dakota Friendly Gambling Sites
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Get More Help With North Dakota Betting Laws
We here at NorthDakotaGamblingLaws.com are gamblers with an interest in the law, not the other way around. Therefore, while we are confident in the information presented on this page, it cannot be considered a legal consultation. Further questions about North Dakota gambling laws should be directed towards a legal professional or the North Dakota legal code found online at www.legis.nd.gov.