Are Poker Machines Legal In Pennsylvania

Pennsylvania State Police seized 414 illegal gaming machines in southwestern Pennsylvania in 2018.

Currently, people can gamble at state-regulated casinos, through the Pennsylvania Lottery, for horse races and, after the expansion of the law last year, online and at some truck stops. But the changes didn’t include gaming machines in bars and restaurants. In those venues, if a game is mostly chance, like a slot machine, it’s illegal. But if it requires skill, like poker, it’s legal.

As a state rep gets ensnared in the business, it’s worth saying again: The state should just make them legal and take a cut of the action. Antique slot machines, defined by statute as those manufactured at least 25 years prior to current year, also are legal. Other types of gambling, such as poker and roulette, are strictly prohibited. Illegal gambling is charged as a first-degree misdemeanor in Pennsylvania, punishable by up to five years in prison and as much as $10,000 in fines.

Frank DiGiacomo, partner with the Duane Morris law firm, said the distinction comes from a 2014 court case out of Beaver County. That decision, he said, required the state, which had seized a Pace-O-Matic game machine, to show burden of proof for their actions. Using expert witnesses and tests of skill versus chance, the court determined the Pace-O-Matic required more skill than chance, and was therefore not gambling.

Are Poker Machines Legal In Pennsylvania Counties

Video poker machines are illegal in Pennsylvania and other states if they give payouts. Lisa Boscola, a proponent for allowing video poker under certain guidelines: 'Video poker is. Pennsylvania is the most populous US state with legal, regulated online gambling in 2020. The omnibus expansion package Gov. Tom Wolf signed into law in 2017 authorized interactive gaming across multiple verticals — including lottery, casino, fantasy sports, sports betting, and poker. 20, the Pennsylvania Commonwealth Court confirmed in a ruling that video game machines manufactured and distributed by the POM under the name “Pennsylvania Skill” are considered slot machines under Pennsylvania law. However, Judge Patricia McCullough did not state that POM was in violation of the Gaming Act.

“If the game is predominately skill, it’s therefore not a gambling device and arguably legal,” he said.

DiGiacomo said the recent changes to state gambling law likely won’t impact the number of seized illegal games, unless casinos decide to pursue them.

Are Poker Machines Legal In Pennsylvania

“Whether or not there comes a point in time when the regulated casino industry tries to get law enforcement to be more aggressive in challenging the legality of these games remains to be seen,” DiGiacomo said.

Are Poker Machines Legal In Pennsylvania State

Slot Machines Legal In Pennsylvania

He said under state law, grant money from Pennsylvania Gaming Control Board is doled out each year to local law enforcement agencies to help curb illegal gambling.

Are Poker Machines Legal In Pennsylvania Pa

“The purpose of that money is for local law enforcement to seek out these gray market games, or illegal games, and seize them and have them not being operated,” DiGiacomo said. Nine such grants were awarded, according to the PGCB’s 2017-18 annual report.