Is Online Poker Legal In Iowa
- The mobile casino has taken the concept of personalized gaming to a whole new Online Poker Legal In Iowa level. Now you can play on the go 24×7 regardless of where you are. All you need is a smartphone that gives you Internet access via 3G, 4G, LTE, or Wi-Fi.
- Granted, Iowa itself does not have any formally legal poker options for bettors to choose from. But online poker isn't illegal in Iowa either. That means that the only option would be offshore operators, which are prohibited for players in the United States, which really limits the number of choices when it comes to where they play their poker online. Unfortunately, the fact that offshore poker is prohibited in America.
- Is Online Poker Legal in Iowa? Iowa doesn’t have any state laws that mention online poker. However, that usually means that, as a default, the general statutes are used.
- Are Online Poker Sites Legal In Iowa? As long as an online poker site is legitimately licensed, subject to regulatory oversight by a legitimate governing jurisdiction, there are not any Iowa state gambling laws or US federal gambling laws that make it a crime to play poker online at these destinations. In the United States, gambling laws.
Iowa Poker Laws. Iowa does have a considerable amount of regulated gambling, and does restrict legal gambling to what is set forth in the regulations under Title 3, Public Services and Regulation, Subtitle 4, Gambling, of which Chapters 99 through 99G deal with the specific gambling regulations in the state of Iowa.
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Relevant state code: 99.1 et seq.; 725.5 et seq.
Gamblers in Iowa have one of the broadest menus of regulated gambling to choose from, but the consequence of that variety is a set of robust laws addressing unregulated gambling. The methods used by Iowa to control unregulated gambling are very strict and rest on a very broad statutory definition of gambling:
Section 725.1(1)
A person shall not do any of the following:
a. Participate in a game for any sum of money or other property of any value.
b. Make any bet.
c. For a fee, directly or indirectly, give or accept anything of value to be wagered or to be transmitted or delivered for a wager to be placed within or without the state of Iowa.
Iowa, along with other states such as Indiana and Illinois, basically prohibits just about any form of unregulated gambling by identifying the act of wagering as the chargeable offense. While Iowa law makes frequent mention of 'games of skill' and 'games of chance,' the laws of the state do not make any specific exceptions for games of skill.
State Of Iowa Gambling Laws
The penalties for violating Iowa gambling law are somewhat unique (and potentially severe). The penalty aspect of Iowa gambling law does not appear to distinguish between players and operators. Additionally, the penalties are structured to increase as the amount of money involved in the gambling offense increases - if the total involved in the game is under $100, you're looking at illegal gaming in the fourth degree; $101 to $500 gets you illegal gaming in the third degree; $501 to $5000 is second degree and over $5000 is first degree. Previous gambling-related convictions can also boost your charge.
Our research revealed only a handful of gambling-related charges in Iowa over the last few years. With that said, the potential charges involved with unregulated gambling in Iowa still stand out for their severity and failure to draw a clear distinction between players and operators.
What Types of Gambling Are Legal in Iowa?
Just about every kind of regulated gambling that you'll find in the US is available within Iowa. The state offers a regulated lottery, pari-mutuel wagering on horse and dog racing (including simulcasts from other states), commercial casinos and tribal gambling. Select casino games are also permitted at the state's racetracks.
Iowa has an exception for social gambling or, as they call it, 'games between individuals.' The exception is very limited - by the letter of the law, no person in the game can win or lose more than $50 in a 24-hour period. Even more absurd: The law specifically dictates that 'winnings' include any money wagered by the player in the course of the game, so if you won a $55 pot that you had bet $25 into, your win would be $55 and you'd be in violation of the law.
Iowa does allow charitable gambling. Appropriately licensed organizations may conduct a variety of gambling activities, including game nights, raffles, bingo and so on. For a more complete list of games and the relevant licenses required, visit the Iowa Department of Inspections and Appeals Social and Charitable Gambling website.
Is Playing Poker For Money Legal in Iowa?
The answer is a clear 'yes' if you're playing at a commercial casino, Indian casino or any other licensed location. For social games, small-stakes poker appears to be well within Iowa law.
Past those examples, there appear to be few situations where you can play poker for money and be in compliance with Iowa law. The state's position on what constitutes illegal gambling would seem to clearly include games of poker where something of value is at stake.
It should be noted that the gap between the letter of gambling law and actual enforcement of that law appears to be quite wide in Iowa; however, the potential penalties may lead many to conclude that the risk, no matter how remote, isn't justifiable.
Can I Play Poker Legally at an Iowa Poker Site?
No part of the statute at the time of our review mentioned Internet-based gambling or online poker specifically. A close reading of the core violation of gambling reveals language that could be seen as applicable to online betting:
Section 725.1(1)
A person shall not do any of the following: [...]
c. For a fee, directly or indirectly, give or accept anything of value to be wagered or to be transmitted or delivered for a wager to be placed within or without the state of Iowa.
While no laws on Iowa's books directly address the issue, many would no doubt contend that the existing laws designed to prohibit unregulated land-based wagering would apply equally to gambling activities conducted online while in Iowa.
Iowa Gambling Laws: Fun Facts
Iowa was the first state to regulate riverboat gambling (in 1989).
Recent Headlines for Iowa and Online Poker
Iowa was in the news again in early 2012 as a result of a proposed bill to regulate online poker in the state. Like previous attempts to pass online poker regulation in Iowa, the bill appears to have permanently stalled.
Will Iowa Regulate Online Poker Soon?
States that have seen online poker legislation proposed and shot down are a unique case. It's hard to dismiss the fact that the bill failed, as it indicates either serious opposition or a lack of support. However, it's also hard to dismiss the significance of the bill coming to life in the first place - it's a crucial step in the process that often indicates significant underlying activity on the part of lawmakers and gambling industry stakeholders.
Iowa has shown a historic willingness to expand gambling, first with riverboats and then with racinos. A 2011 report prepared by the Iowa Department of Public Health on the public health impacts of regulating online poker landed in squarely neutral territory on the issue. Those factors, when combined with the apparent legislative support for regulating online poker, make Iowa one of the better bets to regulate online poker in the next few years. Their timetable would definitely accelerate if a neighboring state such as Illinois were to act on the matter first.
Iowa laws do not specifically state that online poker is legal or illegal. Iowa decided to legalize the lottery and pari-mutuel betting around the same time in the early 1980s. Betting on horse races passed in 1983, while the state lottery was created in 1985. Four years later, voters decided to allow riverboat gaming as well, and Iowa became the first state to offer it. Dog racing, social gambling, and bingo have also been legalized as well through the years.
Race tracks were given more opportunities to generate revenue in 1994 when they were allowed to install slot machines. Table games were then added nearly a decade later, in 2005. They are not considered casinos, but they are racinos and function much as some casinos in other states do.
Meanwhile, the Indian Gaming Regulatory Act that Congress passed in 1988 gave Native American tribes the opportunity to forge compacts with their state governments in order to establish casinos on their reservations. Three tribes did just that and opened casinos across Iowa. There are now three in operation, with the Sac & Fox Tribe of the Mississippi in Iowa, Winnebago Tribe of Nebraska, and Omaha Tribe of Nebraska and Iowa each operating one establishment.
The Iowa Lottery toyed with the idea of electronic TouchPlay machines for lottery purchases, and the machines were distributed for public use in 2004. However, glitches and complaints forced the state to ban the machines in 2006.
Latest Developments Regarding Online Poker in Iowa
Not long after the 2011 Department of Justice decision regarding the Wire Act, many states took their newfound authority to legalize and regulate many internet games seriously. Iowa was one that did consider some online poker and gambling bills, but those efforts never went very far and quit after only a few years.
The first was in 2012, when the Iowa State Senate approved a bill to allow its casinos to partner with online poker sites under the control of the Iowa Racing and Gaming Commission. But by the time the bill was introduced to the House, it was too late in the session for action, and the bill eventually died when no action was taken later in the year, either.
A very similar bill was put forward again in the Senate in 2013, and it did pass the first subcommittee’s preliminary glance but did not clear with a full vote. There was enough opposition, specifically from some of the state’s Native American tribes, that it could not move forward.
There was little follow-up action in 2014, and the lack of desire to move forward for online poker was confirmed by the then-CEO of the Iowa Gaming Association, Wes Ehrecke. He said interested parties in Iowa would be simply following states like New Jersey, Delaware, and Nevada to monitor their actions and progress with online gambling as a whole. While there was an indication that they would broach the subject again in 2015, there was not a bill that year or anytime since.
Most analysts suspect that Iowa will address online poker within the next few years due to its high concentration of land-based casinos and racetracks in the state that would like to participate in some form of online gambling, but this remains to be seen.
Iowa Laws Pertinent to Online Poker
Gambling is discussed in most detail in Title XVI of the Iowa Code under the “crime control and criminal acts” section. Chapter 725 is vice, and gaming and betting is listed between prostitution and bullfights.
The chapter details gaming and betting, but it is in the “keeping gambling houses” section that it defines the gambling part as conducting “bookmaking or to play at cards, dice, faro, roulette, equality, punchboard, slot machine or other game for money or other thing.”
Two sections later, more details are given about what is not allowed:
Participating in a game for any sum of money or other property of any value
Is Online Gambling Legal In Iowa
- Making any bet
- Giving or accepting anything of value to be wagered or transmitted for a wager in Iowa
- Delivering anything of value received outside of a racetrack as pari-mutuel wagers
- Engaging in bookmaking
The penalties for these crimes range from misdemeanors to felonies, depending upon the crime and severity of it.
In Title III about public services and regulations, Chapter 99 is dedicated to prostitution and gambling. Some of the types of legal gambling include manufacturing gambling devices for legal jurisdictions outside of Iowa, bingo, raffles, and casino-style gambling for charity, pari-mutuel wagering, lottery, and gambling specifically allowed by licensed operators such as riverboats and racetracks. Gambling games therein are described as “any game of chance authorized by the commission,” but does not include sports betting or games of chance authorized by this chapter.
In another part of Chapter 99, games of chance and skill are defined. A game of chance is
“a game whereby the result is determined by chance and the player in order to win completes activities, such as aligning objects or balls in a prescribed pattern or order or makes certain color patterns appear. Game of chance specifically includes but is not limited to bingo. Game of chance does not include a slot machine or amusement device.”
In contrast, a game of skill is
“a game whereby the result is determined by the player’s ability to do a task, such as directing or throwing objects to designated areas or targets, or by maneuvering water or an object into a designated area, or by maneuvering a dragline device to pick up particular items, or by shooting a gun or rifle.”
There is no mention of cards in this section whatsoever.
There is no mention of online gaming or gambling in any of the current Iowa statutes, nor does the Iowa Gaming Association mention anything about online poker or similar games on its website.
Disclaimer: This is not written by an attorney and is not or should not be construed as legal advice. Please consult an attorney for help interpreting these laws as they pertain to any given situation.
Frequently Asked Questions
Question: So, is online poker illegal in Iowa?
Iowa Online Betting
Answer: Not specifically. Players have been competing on internet poker sites for many years, and law enforcement officials have never given any indication that they would track down or prosecute poker sites or players.
Question: Can Iowa players access PokerStars?
Answer: No. Sites like PokerStars, 888poker, and PartyPoker are not accessible to Iowa players. But there are numerous options like Bovada and Intertops that welcome players from Iowa.
Question: Are there online tournaments for Iowa players?
Answer: Yes. Some sites, like BetOnline and Bovada, operate on larger networks that not only offer daily online poker tournaments, but sharing tables with other sites allow them to offer bigger events and guaranteed prize pools for some of the tournaments.
Is Online Poker Legal In Iowa
Gaming Resources in Iowa