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An Overview Of The Gambling Laws In South Dakota
South Dakota has a rich history of gambling going back to the gold-rush days. Much of this was centered on the small town of Deadwood, which was later reborn as a gambling themed tourist destination. More recently, tribal casinos have provided opportunities to enjoy casino gaming for the rest of the State. This article gives you a detailed overview of the South Dakota gambling laws.
First of all below we head back through the history of gambling in South Dakota, covering the events that bought us to the current situation in quick-fire format. Next a look at the different types of gambling games, along with a current legal situation of each can be found – before things get more detailed with excerpts from the statutes and a legal timeline. At the end of this page you’ll find a summary and a look towards the future.
South Dakota Gambling Laws – A Brief History
While the days of pioneers and the gold-rush were historically rich, the gambling in South Dakota was shaped by the initial State constitution. This followed the puritanical ‘ban everything’ remit that was the norm at the time. The later history of South Dakota has involved carving out areas of gambling in the name of economic development and revenue streams.
The town of Deadwood is synonymous with gambling, this was an entertainment center during the gold-rush and was home to many colorful characters – and probably very dangerous too. Though the original opium dens, brothels and smoke-filled saloons are long gone, Deadwood is once again home to a large number of casinos. In 1989, following legal permissions, regulated casinos opened with a $5 maximum bet. This brought prosperity back to a town which had been in decline, and at one point there were more than 80 casinos operating there. These are mostly smaller scale venues, offering slots, blackjack and poker games. The bets were raised to $100, and then to $1000 in 2012. After years of decline, the current major issues in Deadwood are more to do with the lack of parking than with crumbling infrastructure.
Tribal gambling got its start in 1993, when compacts were signed with several of the famous tribes which have land in South Dakota. There are now 9 large tribal casinos, which offer huge numbers of slot machines and table games.
You can enjoy live poker games at both the State or Tribal casinos, though there is no carve-out for home poker games under South Dakota law. This State has specific laws banning gambling over the internet. There have been no recent announcements on whether South Dakota will follow Nevada, Delaware and New Jersey and introduce regulated online poker games.
Other types of gambling available here include sports betting on horse racing. There are only live races at summer fairs in this State, with the last greyhound and horse racing tracks long gone. You can bet off-site on races from other States though. Charity gambling (bingo and raffles) and a popular lottery make up the remainder.
What Types Of Gambling Are Currently Legal?
Casino Gaming: Yes, there are State casinos located in the historical city of Deadwood, and also tribal casinos which are broadly distributed around the State. These venues offer slots, blackjack and poker games only.
Online Casinos: No, The legislation specifically outlaws gambling over the internet.
Live Poker: Yes, you can play poker games and tournaments at both Tribal and State casinos. Poker home-games are not legal in SD, though there is no sign of major enforcement when it comes to small stakes local games.
Online Poker: No, with a small population and so many tribal interests looking to carve up any revenue it is difficult to see how regulated online gambling would work for this State.
Sports Betting: Yes, you can remotely bet on Simulcast dog and horse races from 4 venues in South Dakota. There are some races at Summer Fair events, though the racetracks themselves have closed down in this State.
Lottery Betting: Yes, there is a lottery including scratch-off cards, VLTs (virtual lottery terminals) and inter-State games.
Bingo Games: Yes, bingo is regulated under charity gambling laws.
South Dakota Gambling Laws – Statutes And Legal Timeline
Like many States the definition of gambling is wide in South Dakota. At the same time the penalties for taking part in unregulated gambling are more severe than in other jurisdictions, starting with a class 2 misdemeanor – and going up from there. Hosting gambling is also covered by the law, as is the operation of a gambling machine.
Here is the key definition of gambling:
[su_quote]”Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose, or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling is guilty of a Class 2 misdemeanor.” (From: 22-25-1 Gambling defined)[/su_quote]
The ‘cards’ reference is believed to give the laws plenty enough scope to cover poker, and this is expanded on in the mention of internet gambling (specifically the definition of a bet or wager).
[su_quote]“… bet or wager, means to directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is contingent upon the result of a race, contest, or game or upon the happening of an event not known to be certain….” (From Chapter 22-25A-1)[/su_quote]
Here are the key recent legal events which have affected gamblers:
1987: Charitable gambling bill passed, allowing bingo and raffle type games for non-profit organizations. In 2010, the scope was increased to allow industrial development organizations to run licensed bingo games.
1987: First lottery draw takes place, after legislation authorizing this was passed one year earlier. Video Lottery Terminals were added two years later.
1989: Casino gambling begins in the historic town of Deadwood, initially with a $5 maximum bet.
1990: Off track wagering on horse and greyhound races first offered via simulcast
1993: First tribal compacts signed, allowing casinos to be built on native lands.
2000: Betting limits increased at Deadwood casinos to $100 max.
2012: Betting limits increased yet again at Deadwood – this time to $1000 max.
South Dakota Gambling Laws – Summary And Look To The Future
Considering the small population of South Dakota, there are plenty of choices available when it comes to gambling. Deadwood remains the main draw for outsiders as a tourist destination in its own right. For many residents, this town is a long drive, and the closer tribal casinos offer a great alternative for casino games, slots and poker. Penalties for those gambling illegally in this State are stricter than in many other States – though as is often the case there is little evidence of strict enforcement when it comes to ‘penny ante’ social gaming.
The ban on internet gambling pre-dates the current wave of State regulation. While there is no reason to believe that this should in itself be an impediment to future online poker legalization – the small size of the population here does create the need to join a larger inter-state pool to make this viable. It will be interesting to see whether South Dakota shows any interest once several more States have shown this model to work.
Useful Resources
Information On The Tribal Compacts
Deadwood history
Statutes In Detail
- http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=22-25
Summary Of The Statutes
Internet Gambling Statutes
- http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-25A&Type=Statute
Home » US Poker Laws – State by State Reviews » South Dakota Online Poker
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May 3rd, 2018 Last updated on December 17th, 2018
South Dakota Online Poker
Last Updated December 17, 2018
Last Updated December 17, 2018
Four of America’s most famous faces stare down at you from the towering peaks of South Dakota’s Mount Rushmore. It’s fun to stare up and wonder what each would have thought about modern developments like the Internet, and to ponder what position these titans of history would have taken on the issue of online poker.
The rest of South Dakota has certainly voted, with thousands from the state logging on to Internet poker sites every month, and thousands more visiting pages like ours to find out How to Play Online Poker From South Dakota.
Online Poker in South Dakota
We employ a very simple formula to create our list of recommended online poker rooms for South Dakota players. Valid, legal license to operate plus high-value rewards programs plus simple and fast banking equals an ideal room for a new online poker player. We followed that formula to the letter when putting together this list of poker sites.
| Bovada | $500 Bonus | 3-4 Day Payouts | Accepts Visa, Bitcoin, Wires |
|---|---|---|---|
| Ignition | $2000 Bonus | 3-4 Day Payouts | Accepts Visa, Bitcoin, Wires |
| Intertops | $600 Bonus | 5 Day Payouts | Accepts Visa, Wires |
| BetOnline | $2500 Bonus | 5-7 Day Payouts | Accepts Visa, Bitcoin, Litecoin, Wires |
| Sportsbetting | $2500 Bonus | 5-7 Day Payouts | Accepts Visa, Bitcoin, Litecoin, Wires |
Can Poker Players From South Dakota Play Internet Poker?
Anyone can play poker online, so what most people generally mean when they ask this question is whether or not it’s possible to play real-money games of poker from South Dakota. Good news: all of the US-facing poker sites you’ll find online accept players from South Dakota. The next question we hear quite often involves how you deposit at and withdraw from online poker rooms. While each poker site has different options, the most popular choices for poker transactions among South Dakota poker players are credit cards, cash transfer and check.
| Type/Code | Summary |
|---|---|
| State Code Section(s) | 22.25; 42.7 |
| Definition of Gambling | Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose, or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling. |
| Definition of Gambling Business | One that is conducted at a gambling establishment or involves the placing, receiving, or making of bets or wagers or offers to engage in the placing, receiving, or making of bets or wagers. |
| Definition of Bet or Wager | To directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is contingent upon the result of a race, contest, or game or upon the happening of an event not known to be certain. |
| Definition of Internet Computer Service | A service, system, or network or access software provider that uses public communication infrastructure or operates to provide or enable computer access by multiple users to a computer server, including a service or system that provides access to the internet. |
| Definition of Illegal Internet Gambling | No person engaged in a gambling business may use the internet or an interactive computer service to bet or wager, or establish a location or site in this state from which to conduct a gambling business on or over the internet or an interactive computer service. |
| Online Poker/Gambling | The state of South Dakota has not considered legalizing online poker or internet gambling of any kind. |
| Live Poker | There is a great deal of live poker in the card rooms of Deadwood, as well as many of the Native American casinos throughout the state, where cash games and tournaments are offered. |
| Casinos | Numerous tribes in South Dakota entered into compacts with South Dakota to offer gambling on their reservations, and there are approximately 10 casinos in the state now, complete with slot machines and table games like poker. In Deadwood, card rooms are also legal, and dozens of them operate for poker and blackjack customers. |
| Sports Betting | No bill has been introduced to legalize sports betting. |
| DFS | South Dakota lawmakers have not considered legalizing daily fantasy sports. |
| Other Forms of Gambling | Horse and dog racing, off-track pari-mutuel betting, lottery. |
Is It Legal to Gamble in South Dakota?
That’s a tougher question to answer than most people think. Gambling law in the U.S. at the state level is notoriously obtuse, so clear answers are often in short supply.
What all online poker players should shoot for at a minimum is a grasp on the fundamentals of South Dakota poker laws. Below we’ve assembled the key aspects of the law and broken them down in simple terms.
The first problematic aspect of South Dakota gambling law is that the state has a tautologically-tinged definition of what it means to gamble. From “Gambling defined, “Section 22-25-1:
South Dakota State Poker Championship
“Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome […] is guilty of a Class 2 misdemeanor.”
As you’ve no doubt noted, that doesn’t really define gambling so much as just repeat the term.
The remainder of the definition isn’t any help – it simply addresses those who “keep establishments” for gambling or lets their establishment be used for gambling.
Section 22-25-1 also contains the sole charge for players engaged in illegal gambling (to the best of our understanding) – a misdemeanor.
South Dakota is one of the few states in America that has passed laws specifically built to address online gambling. The law (Chapter 22-25A) aims at operators, not players, and prescribes felony charges for those who accept bets that begin or terminate in South Dakota or establish internet gaming businesses in the state.
To date (again, to the best of our understanding), there have been no criminal charges pursued under South Dakota’s Internet gambling laws.
South Dakota gambling law does not contain any provision allowing social or private gambling.
Now that you’re done with our list, move on to reviewing the full text of South Dakota gambling law for yourself.
Will South Dakota Regulate Online Poker?
Despite the significant presence of land-based gambling in South Dakota, there has been remarkably little talk about moving poker, casinos or any other form of gambling online. South Dakota would be a minor poker market, so that could explain the lack of interest. It could also be that the state’s disparate gambling industry has been unable to get on the same page when it comes to online gambling. Whatever the reason, the conclusion remains the same: Regulated online poker sites isn’t likely to ride into South Dakota at any point in the near future.
South Dakota Gambling Facts
There’s quite a good bit of regulated gambling in South Dakota, especially when you consider the relatively sparse full-time population of the state. Just like the majority of American states, South Dakota has a state lottery. In addition to the various games of chances available via the lottery, you can choose from hundreds – if not thousands – of unique games at the state’s various commercial and tribal gambling facilities. The regulated gambling menu in South Dakota is rounded out by pari-mutuel bets on live racing and charitable gaming (lottos and bingo).
Social gambling is not explicitly exempt from the gambling laws of South Dakota. Authorities may not prioritize pursuit of such activity, but it remains against the letter of South Dakota law.
Deadwood South Dakota Poker Tournaments
The state of South Dakota doesn’t regulate or license any online gambling activity.
South Dakota Gambling Resources
CGR: South Dakota. Get an immediate and thorough overview of South Dakota’s gambling industry with this capsule report from the UNLV Center for Gaming Research.
South Dakota Commission on Gaming. Regulator for most of the state’s gambling activity, the SDCG homepage contains complete licensee information, links to forms, statutes and applications and a variety of statistics related to regulated gambling in South Dakota.
South Dakota Lottery. Online home for the South Dakota lottery hosts current jackpot and winners information, the laws and regulations regarding the state lottery and resources covering its development and history.
South Dakota’s Contributions to Poker History
If you do a bit of digging on the connection between South Dakota and poker, one name keeps coming up again and again: Deadwood. It’s that not-so-sleepy frontier town that provided the backdrop for such mythic gamblers as “Poker” Alice Ivers and – of course – the legendary Wild Bill Hickok, who is said to have been shot dead in a Deadwood tavern during a poker game while holding a pair of aces and a pair of eights.
The games in modern Deadwood are probably not quite as lively as in the days of yore, but the town continues to play an outsized role when it comes to gambling in South Dakota, providing more modern gamblers with a backdrop for their leisure that still strongly echoes those bygone times.