South Dakota Online Gambling | Is Gambling Legal in South Dakota?
Legal Online Gambling In South Dakota
Tourists who want to see the famous Mount Rushmore and the presidents carved into its walls frequent South Dakota. However, those who wish to gamble online while residing within the state must be aware that the state has some of the most aggressive and strictest laws regarding South Dakota gambling in the entire United States. The state is remarkably austere on unregulated gambling both online and offline.
Part of these exceptionally strict gambling laws comes from South Dakota’s broad definition of gambling. Section 22-25-1 of the state’s statute claims that anyone who engages in gambling using dice, cards, or a gambling device in which something of value is wagered on the outcome is committing a Class 2 misdemeanor. This makes it clear that betting on anything of value on a result is illegal unless the state specifically regulates it. A Class 2 misdemeanor can cause a fine as high as $500 and a maximum prison sentence of 30 days. Although anti-gambling laws are strict in South Dakota, it is imperative to note that the enforcement of those laws is a different story. There has yet to be a single person charged for illegally gambling.
What Type of Gambling is Legal in South Dakota?
South Dakota permits the majority of real-world gambling so long as it is within a licensed facility or through an authorized organization. Most physical casinos are located in Deadwood, SD. However, there are a few others scattered around the state. Real-world casinos may host video poker, table games, poker, and slot machines and so many people choose to head to their nearest casinos to enjoy legal gambling.
Some South Dakota residents do decide to gamble using foreign accounts only because they do not believe they’ll ever be caught, despite the act being clearly illegal. However, it is highly recommended that you avoid doing so due to the fact that offshore accounts operate within countries that have little to no gambling regulations and so there is no guarantee that you will receive a fair game or be paid your winnings in a timely manner. Instead, it is best to stick to legal online and physical gambling options. These are:
Currently, South Dakota does not have any plans to legalize any other forms of online gambling. In fact, it is one of the only states that explicitly prohibit Internet gambling within its laws.
Online Horse and Greyhound Racing
Horse race betting is allowed on all licensed racetracks within South Dakota, as well as US regulated online betting websites. The Commission on Gaming regulates these bets in South Dakota. Similar to fantasy sports, online horserace betting does not fall under federal gambling laws, as it has been an activity gambled on for hundreds of years. You may bet on horse races using the Simulcast for races from around the nation.
As far as greyhound racing goes, there currently are no live tracks in South Dakota; however, using the Internet to gamble on greyhound races from around the nation is legal.
Best Online Horse and Greyhound Race Betting:
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Online Fantasy Sports Betting
It was not until 2006 that online fantasy sports leagues became a legal online industry. This was when the Unlawful Internet Gambling Enforcement Act (UIGEA) passed while exempting online fantasy sports as a type of gambling and instead placed in the category of a skill game. This means that online fantasy sports betting websites have the authority to provide South Dakota residents, as well as the residents of most other states, with real money wagering. Many people consider online fantasy sports a more rewarding and immersive experience than traditional sports betting because it allows them to use their knowledge and skill to create virtual teams.
Best Fantasy Sports Betting Websites:
DraftKings operates within the United States and is 100 percent legal to play within South Dakota. You can play for real money or for free if you just want to practice. DraftKings utilizes a single-day format of online fantasy sports betting, which allows people to play without having to commit to an entire season. Instead, they draft their team for a single day and can proceed to win or lose on that very same day. This is perfect for those who are just starting out in the world of fantasy sports betting and want to figure out the best strategies within a short amount of time.
It is very unlikely that online poker will become legalized within South Dakota. A change would need new legislation, as well as the complete repealing of legislation that already exists. This is not something that is completely undoable. Nevertheless, it shows that South Dakota will not be following in the footsteps of Delaware of New Jersey anytime soon.
Though there is a large land-based gambling presence within South Dakota, there is very little talk within the legislature to move that online. This could be because South Dakota does not have a substantial poker market, and so there isn’t much interest to push through any new legislation.
Online Sports Betting
There are only two states in the country that threatens to charge those who dare online sports bet with a felony. One of the states is Oregon and the other is South Dakota. Online sports betting in South Dakota is a serious crime that can lead to a heavy fine and even prison time. It is highly advised that you avoid using offshore accounts to sports bet, as you are risking a felony charge. Instead, try your hand at fantasy sports betting, which operates in the US and is 100 percent legal to play for South Dakotans.
South Dakota prohibits any gambling held outside of a US licensed casino, racetrack, or betting website. There are no exceptions to this for gambling played within the home, such as a private poker game played with friends. If someone were to be prosecuted for illegal gambling, they would be charged with a Class 2 misdemeanor that may land them in jail for 30 days or a fine of $500. Although no one has ever been prosecuted, the fact that South Dakota is one of the only states in which it is a felony to participate in illegal gambling should deter you from doing so on overseas accounts.
Instead of risking your standing, as well as your money in offshore accounts that cannot be held accountable, it is best to stick with the two legal online gambling options within South Dakota.