Arkansas Gambling Laws
Arkansas Gambling Laws are not very friendly toward the gambler. Indeed, most forms of gambling are illegal in Arkansas, even if they are only a petty offense worth minor fines, typically ranging from $10 to $100 dollars. Under the current regime you may even be in trouble if you run a home poker game. The Arkansas Online Gambling Laws are not written directly into the state's statutes, so whether or not online gambling is legal is something you will probably want to discuss with an attorney. We saw nothing pertaining to online gambling in the state legislature, neither for nor against. The Arkansas lottery has recently been established, making this the first true form of legal gambling in the state. The Arkansas Laws on Gambling are somewhat confusing, so you may want to seek legal council if you actually fear getting in trouble for gambling online.
Keep in mind that we are not lawyers. As such, this is not legal advice. We are just here to show you the online gambling sites that will accept you, not to tell you whether or not online gambling is legal in your state.
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Arkansas Gambling Statutes
Section 5-66-101
Construction of statutes.
(a) In their construction of the statutes prohibiting gaming, the judges of the several courts in this state shall construe the statutes liberally, with a view of preventing persons from evading the penalty of the law by changing of the name or the invention of new names or devices that now are, or may hereafter be, brought into practice, in any and in all kinds of gaming, and all general terms of descriptions shall be so construed as to have effect, and include all such games and devices as are not specially named.
(b) In all cases in which construction is necessary, the construction shall be in favor of the prohibition and against the offender.
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 13; C. & M. Dig., § 2645; Pope's Dig., § 3335; A.S.A. 1947, § 41-3265.
Section 5-66-102
Duty of officer.
When it comes to the knowledge of any sheriff, coroner, or constable, or any of their deputies, that any person is guilty of any offense created or prohibited by this section and §§ 5-66-101, 5-66-104 -- 5-66-107, and 5-66-109, it is their duty to give notice of the offense to any judge or justice of the peace for the county who shall:
(1) Issue his or her warrant and cause the offender to be brought before him or her;
(2) Examine the matter in a summary manner; and
(3) Discharge, bail, or commit the offender, as the circumstances and the right of the case may require.
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 9; C. & M. Dig., § 2642; Pope's Dig., § 3332; A.S.A. 1947, § 41-3264.
Section 5-66-103
Gambling houses.
(a) A person commits the offense of keeping a gambling house if the person:
(1) Keeps, conducts, or operates, or who is interested directly or indirectly in keeping, conducting, or operating any gambling house or place where gambling is carried on;
(2) Sets up, keeps, or exhibits or causes to be set up, kept, or exhibited or assists in setting up, keeping, or exhibiting any gambling device; or
(3) Is interested directly or indirectly in running any gambling house or in setting up and exhibiting any gambling device, either by furnishing money or another article, for the purpose of carrying on any gambling house.
(b) Keeping a gambling house is a Class D felony.
HISTORY: Acts 1913, No. 152, §§ 1, 2; C. & M. Dig., §§ 2632, 2633; Pope's Dig., §§ 3322, 3323; A.S.A. 1947, §§ 41-3251, 41-3252; Acts 2005, No. 70, § 1; 2007, No. 555, § 1; No. 827, § 82.
Section 5-66-104
Gaming devices -- Prohibition.
(a) It is unlawful for a person to set up, keep, or exhibit any gaming table or gambling device, commonly called "A. B. C.", "E. O.", roulette, or rouge et noir, any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other description although not named in this section, regardless of the name or denomination, either:
(1) Adapted, devised, or designed for the purpose of playing any game of chance; or
(2) At which any money or property may be won or lost.
(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 1; C. & M. Dig., § 2630; Pope's Dig., § 3320; A.S.A. 1947, § 41-3253; Acts 2009, No. 748, § 33.
Section 5-66-105
Gaming devices -- Financial interest.
(a) It is unlawful for any person in any way, either directly or indirectly, to be:
(1) Interested or concerned in any gaming prohibited by § 5-66-104, either by furnishing money or another article for the purpose of carrying on gaming; or
(2) Interested in the loss or gain of gaming prohibited by § 5-66-104.
(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 2; C. & M. Dig., § 2631; Pope's Dig., § 3321; A.S.A. 1947, § 41-3254; Acts 2007, No. 827, § 83.
Section 5-66-106
Gaming devices -- Betting.
(a) It is unlawful for any person to bet any money or other valuable thing or any representative of any thing that is esteemed of value on any game prohibited by § 5-66-104.
(b) Upon conviction, a person who violates this section is guilty of a violation and shall be fined in any sum not exceeding one hundred dollars ($100) nor less than fifty dollars ($50.00).
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 3; C. & M. Dig., § 2634; Pope's Dig., § 3324; A.S.A. 1947, § 41-3255; Acts 2007, No. 827, § 84.
Section 5-66-107
Gaming devices -- In buildings or on vessels.
(a) It is unlawful for any owner or occupant of any house, outbuilding, or other building or any steamboat, or other vessel to knowingly permit or suffer any games, tables, or banks mentioned in § 5-66-104 or permit or suffer any kind of gaming under any name, to be carried on or exhibited in his or her house, outbuilding, or other building, or on board of any steamboat, flatboat, keelboat, or other vessel on any of the waters within this state.
(b) Upon conviction, a person who violates this section is guilty of an unclassified misdemeanor and shall be fined in any sum not less than one hundred dollars ($100) and may be imprisoned any length of time not less than thirty (30) days nor more than one (1) year.
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 4; C. & M. Dig., § 2635; Pope's Dig., § 3325; A.S.A. 1947, § 41-3256; Acts 2007, No. 827, § 85.
Section 5-66-108
Gaming devices -- Search warrants.
(a) It is made and declared to be the duty and required of the judges of the circuit courts, the presiding judges of the county courts, and also of the justices of the peace, on information given or on their own knowledge, or when they have reasonable ground to suspect, that they issue their warrant to the sheriff, coroner, or constable as the case may be most convenient, directing in the warrant a search for gaming tables, or devices mentioned or referred to in § 5-66-104, and, directing that on finding any, the devices shall be publicly burned by the officer executing the warrant.
(b) The officer executing a warrant, and burning, by virtue of the warrant, any gaming device, as required in subsection (a) of this section, on making his return to the judge or justice who issued the warrant, and getting the statement of the judge or justice that the warrant had been returned to the judge or justice duly executed by the burning of the gaming device, stating or describing the gaming device burnt, endorsed on the warrant, the officer is entitled to his or her fees for the service, to be paid by the person keeping the gambling table.
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, §§ 6, 7; C. & M. Dig., §§ 2637, 2638; Pope's Dig., §§ 3327, 3328; A.S.A. 1947, §§ 41-3259, 41-3260.
Section 5-66-109
Gaming devices -- Vagrants.
(a) Any keeper or exhibitor of any gaming table, bank, or other gambling device and any person who travels or remains in a steamboat, or goes about from place to place for the purpose of gaming is deemed and treated as a vagrant.
(b) Any keeper or exhibitor of either of the gaming tables, called "A. B. C." or "E. O." or any other table distinguished or known by any other name, letter, or figure, such as faro bank, rouge et noir, or any gaming bank, of the same or like kind, with, or without a name, is deemed and rated as a vagrant.
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 5; Rev. Stat., ch. 154, § 2; C. & M. Dig., §§ 2636, 2802; Pope's Dig., §§ 3326, 3506; A.S.A. 1947, §§ 41-3257, 41-3258.
Section 5-66-110
Keno, etc.
(a) If a person sets up or exhibits, causes to be set up or exhibited, or aids or assists in setting up or exhibiting in the state any gaming device commonly known and designated as "keno" or any similar device by any other name or without a name, upon conviction the person is guilty of a violation and shall be fined in any sum not less than two hundred dollars ($200) for benefit of the common school fund.
(b) (1) It is the duty of each prosecuting attorney in this state who knows or is informed of any person exhibiting or setting up, or aiding or assisting in setting up any device described in subsection (a) of this section in his or her district, to take immediate steps to have the person immediately arrested for trial, and the prosecuting attorney shall have the person arrested as provided in this subsection for each separate offense done or committed on every separate day.
(2) If any prosecuting attorney who knows or is informed of any violation of this section refuses or neglects to cause the arrest and trial of the person so offending within five (5) days next after he or she knows or is informed of the offense, upon indictment and conviction, the prosecuting attorney shall be fined in any sum not less than five hundred dollars ($500).
(c) (1) It is the duty of every justice of the peace, knowing or being informed of any violation of subsection (a) of this section, in his or her township, for which the person has not been arrested or tried under the provisions of this section, to cause the arrest and trial of the person so offending, for each separate offense done or committed against the provisions of this section.
(2) If any justice of the peace who knows or is informed of any violation of subsection (a) of this section in his or her township refuses or neglects to cause the arrest and trial of the person so violating subsection (a) of this section, within five (5) days next after he or she is informed of the same, the justice of the peace is guilty of a misfeasance in office, and, upon indictment and conviction, the circuit court shall remove him or her from office.
(d) No license granted by any city or town is a bar to any prosecution or conviction under a provision of this section or any excuse, protection, or justification for any justice of the peace or prosecuting attorney failing to carry out the same.
HISTORY: Acts 1877, No. 71, §§ 1-5, 7, p. 70; C. & M. Dig., §§ 2646-2651; Pope's Dig., §§ 3336-3341; A.S.A. 1947, §§ 41-3266 -- 41-3271; Acts 2009, No. 748, § 34.
Section 5-66-111
Pinball machines, etc.
(a) (1) Any coin-operated pinball machine or other device that is designed so that more than one (1) coin can be inserted so as to give the player additional odds in making a high score or winning an additional free game is unlawful.
(2) The operation of the coin-operated pinball machine or other device described in subdivision (a)(1) of this section is a misdemeanor that is punishable by the imposition of a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for not more than one (1) year, or both.
(b) It is the intent of this section to prohibit the use of so-called "bingo"-type pinball machines, the interstate transportation of which is prohibited by 15 U.S.C. § 1172.
(c) (1) A coin-operated amusement device, including a pinball machine, that takes only one (1) coin for each player for each game and that is equipped with flippers that can be activated by the player to propel a ball back onto the playing surface of the machine so as to prolong the playing time and increase the score attained by the player and upon which not more than twenty-five (25) free games can be won by the player are specifically designated as an amusement device.
(2) The use of an amusement device described in subdivision (c)(1) of this section is declared to be legal so long as all state and municipal taxes have been paid and the owner of the amusement device has obtained a permit, filed a bond, and paid the privilege tax required by § 26-57-401 et seq.
HISTORY: Acts 1977, No. 283, §§ 1, 2; A.S.A. 1947, §§ 41-3201, 41-3202.
Section 5-66-112
Card games -- Betting.
If a person bets any money or any valuable thing on any game of brag, bluff, poker, seven-up, three-up, twenty-one, vingt-et-un, thirteen cards, the odd trick, forty-five, whist, or at any other game of cards known by any name now known to the law or with any other or new name or without any name, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
HISTORY: Rev. Stat., ch. 44, div. 6, art. 3, § 8; C. & M. Dig., § 2639; Pope's Dig., § 3329; A.S.A. 1947, § 41-3261; Acts 2009, No. 748, § 35.
Section 5-66-113
Games of hazard or skill -- Betting.
(a) If a person bets any money or any valuable thing on any game of hazard or skill, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
(b) In prosecuting under subsection (a) of this section it is sufficient for the indictment to charge that the defendant bet money or another valuable thing on a game of hazard or skill, without stating with whom the game was played.
HISTORY: Acts 1855, §§ 1, 2, p. 270; C. & M. Dig., §§ 2640, 2641; Pope's Dig., §§ 3330, 3331; A.S.A. 1947, §§ 41-3262, 41-3263; Acts 2009, No. 748, § 36.
Section 5-66-114
Sports or games -- Transmission of information.
(a) (1) It is unlawful for any person, partnership, or corporation to receive or transmit information in the State of Arkansas relating to football, baseball, basketball, hockey, polo, tennis, horse racing, boxing, or any other sport or game for the purpose of gaming.
(2) This section does not apply to a radio station or newspaper disseminating such information as news, entertainment, or advertising medium.
(3) The provisions of this section do not apply to any commission conducting a legalized race meet within the State of Arkansas.
(b) Any teletype, telegraph ticker tape, or similar machine or device used in the transmitting or receiving of information relating to a game or sport as set out in subsection (a) of this section, that is used either directly or indirectly for the purpose of gaming, is defined and declared to be a "gaming device".
(c) Any person who violates a provision of this section and any teletype, telegraph ticker tape, or similar machine or device when used for gaming purposes, as defined in this section, is subject to the procedure and penalties as set out in §§ 5-66-101 -- 5-66-110, 5-66-112, 5-66-113, 5-66-116, and 5-66-118.
HISTORY: Acts 1953, No. 355, §§ 1-3; A.S.A. 1947, §§ 41-3282 -- 41-3284.
Section 5-66-115
Sports or games -- Bribery of participants.
(a) As used in this section:
(1) "Participant" means any:
(A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic player;
(B) Boxer;
(C) Jockey, driver, groom, or other person participating or expecting to participate in a horse race, including an owner of a race track or the owner's employee, steward, trainer, judge, starter, or special police officer; or
(D) Manager, coach, or trainer of any sport team or participant or prospective participant in any sport team, sport game, or sport contest; and
(2) "Sport" means any:
(A) Professional or amateur baseball, football, basketball, hockey, polo, tennis, or other athletic game or contest;
(B) Boxing match; or
(C) Horse race.
(b) It is unlawful for any person to give, promise, or offer to any participant in any sport any valuable thing with the purpose to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.
(c) It is unlawful for any participant to solicit or accept any valuable thing to influence the participant to lose or try to lose or cause to be lost or to limit the participant's or the participant's team's margin of victory in a sport in which the participant is taking part or expects to take part or has any duty or connection.
(d) Upon conviction, any person who violates this section is guilty of a Class D felony.
HISTORY: Acts 1951, No. 250, § 1; 1975, No. 928, § 9; A.S.A. 1947, § 41-3288; Acts 2007, No. 827, § 86.
Section 5-66-116
Horseracing -- Betting.
(a) It is unlawful to directly or indirectly bet in this state, by selling or buying pools or otherwise, any money or other valuable thing, on any horse race of any kind whether had or run in this state or out of this state.
(b) (1) Upon conviction, a person who violates subsection (a) of this section is guilty of:
(A) A violation for the first offense and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00);
(B) A violation for the second offense and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100); and
(C) An unclassified misdemeanor for all offenses after the second offense and shall be fined in any sum not more than five hundred dollars ($500) and imprisoned for a term of not less than thirty (30) days nor more than six (6) months.
(2) Every bet, wager, sale of pools, or purchase of pools is deemed a separate offense.
(c) It is the duty of circuit judges and prosecuting attorneys of this state, the grand juries and mayors of the cities and towns of this state, the police officers and marshals of the cities and towns, and the justices of the peace, sheriffs, and constables to enforce the provisions of this section when this section is violated in their presence or when the information of the violation is brought to their knowledge by affidavit or otherwise.
(d) If any sheriff, constable, or police officer refuses or neglects to immediately arrest and bring before some court of competent jurisdiction for trial any person who violates this section, when the knowledge of the violation is brought to his or her attention by the affidavit of any resident of the county where the offense is committed, the sheriff, constable, or police officer is deemed guilty of nonfeasance in office and upon conviction shall be fined in any sum not more than five hundred dollars ($500) and shall be removed from office.
HISTORY: Acts 1907, No. 55, §§ 1-4, p. 134; C. & M. Dig., §§ 2669-2672; Pope's Dig., §§ 3355-3358; A.S.A. 1947, §§ 41-3278 -- 41-3281; Acts 2009, No. 748, § 37.
Section 5-66-117
Horseracing -- Agency service wagering.
(a) (1) It is unlawful for any person, either for himself or herself or as agent or employee of another person, to place, offer, or agree to place, either in person or by messenger, telephone, or telegraph, a wager on behalf of another person, for a consideration paid or to be paid by or on behalf of the other person, on a thoroughbred horse race being conducted in or out of this state.
(2) Upon conviction, a person who violates subdivision (a)(1) of this section is guilty of a Class D felony.
(b) It is a defense to prosecution under this section if a defendant can prove that his or her wager on behalf of another person was:
(1) Of a casual nature with no profit motive; and
(2) Merely an accommodation to the other person.
HISTORY: Acts 1977, No. 791, §§ 1, 2; A.S.A. 1947, §§ 41-3203, 41-3204; Acts 2007, No. 827, § 87.
Section 5-66-118
Lottery, etc. -- Tickets.
(a) Except as authorized under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq., it is unlawful for a person to:
(1) Keep an office, room, or place for the sale or disposition of a lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device;
(2) Vend, sell, or otherwise dispose of any lottery ticket or slip, policy ticket or slip, gift concert ticket or slip, or like device;
(3) Possess any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device, except a lottery ticket issued in another state where a lottery is legal; or
(4) Be interested, either directly or indirectly, in the sale or disposition of any lottery ticket or slip, policy ticket or slip, or gift concert ticket or slip, or like device.
(b) In any prosecution or investigation under this section, it is no exemption for a witness that his or her testimony may incriminate himself or herself, but no such testimony given by the witness shall be used against him or her in any prosecution except for perjury, and the witness is discharged from liability for any violation of the law upon his or her part disclosed by his or her testimony.
(c) (1) The General Assembly recognizes that:
(A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal;
(B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and
(C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.
(2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful.
(B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.
(d) (1) Upon conviction, any person who violates this section is guilty of a violation and shall be fined an amount not to exceed ten thousand dollars ($10,000).
(2) A second or subsequent offense is a Class D felony.
HISTORY: Acts 1939, No. 209, §§ 1-6; A.S.A. 1947, §§ 41-3272 -- 41-3277; Acts 1987, No. 835, §§ 1, 2; 1993, No. 1053, § 1; 2007, No. 388, § 2; 2009, No. 748, §§ 38, 39.
Section 5-66-119
Lottery -- Promotion through sales.
(a) (1) Any person who in this state, directly or indirectly, sets up, promotes, engages in, or in any manner participates in any plan, scheme, device, or other means, either alone or in concert with any other person, firm, or corporation, either within or without the State of Arkansas, in which goods, property, or any other thing of value is sold to any person, firm, or corporation for any consideration, either cash or otherwise, and upon the further consideration that the purchaser agrees to obtain one (1) or more persons to participate in the plan, scheme, device, or other means by making a similar purchase and a similar agreement to secure one (1) or more other persons to participate in the plan, scheme, device, or other means in the same manner, each purchaser being given the right to obtain money, credits, goods, or some other thing of value, depending upon the number of persons joining in or participating in the plan, scheme, device, or other means, is declared to have set up, promoted, engaged in, or participated in a lottery, which is declared to be unlawful.
(2) The promotion, engaging in, or participation in the plan, scheme, device, or other means described in subdivision (a)(1) of this section is punishable as provided in this section.
(b) (1) Upon a complaint filed by any interested person, on relation of the State of Arkansas, the Attorney General, or any prosecuting attorney of any county where a plan, scheme, device, or other means described in subdivision (a)(1) of this section is proposed, promoted, operated, engaged in, or participated in, the circuit court of the county where the plan, scheme, device, or other means described in subdivision (a)(1) of this section is set up, proposed, operated, promoted, engaged in, or participated in may enjoin the further operation, promotion of, engagement, or participation in the plan, scheme, device, or other means.
(2) Any injunction under subdivision (b)(1) of this section may be granted without bond furnished by the plaintiff, and the circuit court may make further orders touching upon the subject matter as it may find necessary and desirable.
(c) (1) The General Assembly recognizes that:
(A) The present laws relating to lotteries are vague in certain areas and, although designed to prohibit the operation of lotteries in the state, may be interpreted to prohibit even the printing of lottery tickets by companies in this state for distribution in other states where lotteries are legal;
(B) There are companies in this state that print various types of tickets, stamps, tags, coupon books, and similar devices and that may be interested in printing lottery tickets for states where lotteries are lawful; and
(C) It is the intent and purpose of this subsection to clarify the present law relating to lotteries to specifically permit businesses in Arkansas to print lottery tickets for use in states where lotteries are lawful.
(2) (A) The printing or other production of lottery tickets by a business located in Arkansas for use in a state where a lottery is permitted is declared to be lawful.
(B) Nothing contained in this section and § 5-66-119 or any other law shall be construed to make printing or production of lottery tickets described in subdivision (c)(2)(A) of this section unlawful.
(d) Any person who violates a provision of this section commits a Class D felony.
HISTORY: Acts 1961, No. 49, §§ 1-3; 1975, No. 928, § 10; A.S.A. 1947, §§ 41-3285 -- 41-3287; Acts 1987, No. 835, §§ 1, 2.
Section 5-66-120
Application to Arkansas Scholarship Lottery Act.
This chapter does not apply to a lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.
HISTORY: Acts 2009, No. 605, § 2; 2009, No. 606, § 2.
Arkansas Gambling Laws courtesy of: http://staging.arkleg.state.ar.us/arcoderedirect.asp
