Kansas Gambling Laws
Whether it’s Steve McQueen, Kenny Rodgers, or Wild Bill Hickok, the United States has harbored some very romantic and very different images of gamblers throughout the years. While reality very rarely matches up to romantic fantasy, what’s true is that there has been an undying interest in the hobby throughout the country that has only grown with time. Those who already have a regular gambling hobby know that, when enjoyed responsibly and in compliance with Kansas gambling laws, there are few things that can offer as much fun or potential profit.
Still, many residents of Kansas do not participate in gambling not because they do not have an interest in the hobby, but because they have been led to believe that any time spent enjoying it could land them in jail for an extended period of time. Because so many honest US citizens harbor incorrect or incomplete beliefs about the laws in their home states regarding gambling, we felt this webpage was necessary to write.
Federal Law in the United States has declared the facilitation of illicit gambling a serious crime, but through various legislative bills has left the simple gambler well enough alone. This stance has carved out a template by which most carve out their policies. While Kansas goes a little further than merely allowing their residents to gamble while only outlining punishments for those who facilitate gambling, this is the general outline that Kansas follows.
The rest of this page will guide Kansas resident though an in-depth look at the laws affecting their ability to gamble as well as guide them towards some popular avenues for gambling safe from legal prosecution.
Legality of Gambling in Kansas
The first and most important thing that Kansas does in their gambling legislation is define the act of “placing a bet.” According to chapter 21-6403 section a of state legislation, this “means a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement.” By ruling out all bets based on “outcomes of chance,” this rules out sports betting, casino games, and poker as well since the Kansas state courts do not define poker as a game of skill.
If anyone in Kansas is taken to trial and found guilty of the act of “gambling” (which chapter 21-4303 of state legislation defines as placing a bet) they will be guilty of a class B misdemeanor which could land a resident with a jail sentence of up to six months along with a legal fine of $1000.
If there is any good news to be taken from Kansas’s seemingly harsh stance on gambling, it’s that the laws are never really enforced. The spirit and intent of anti-gambling legislation in Kansas was and always has been larger organized crime syndicates and not otherwise honest individuals who merely wish to place a bet or wager on the outcome of an event or a game of chance. In fact, in the long history of the Sunflower State, no resident has ever been brought up on charges for merely gambling and it has only ever been used to levy charges against larger organizations.
However, this should not be taken to mean that there are no gambling offenses that can land a Kansas resident in trouble. If one is found guilty of “commercial gambling” as defined in chapter 21-4304 of state law, they not only face a great likelihood of prosecution (as compared to those guilty merely of “gambling”) but the penalties are much more severe. “Commercial Gambling” in Kansas is good for a level 8 felony. While the exact degree of penalty is largely dependent upon each individual judge’s ruling and will depend a lot on the defendant’s criminal history, they will definitely face a criminal charge that will never leave their record, and a fine of up to $500,000 and up to 5 years in prison. Obviously, this is something that should be avoided!
Commercial Gambling vs. For Entertainment Purposes
Fortunately, with such a marked and distinct difference in penalties between the acts of “gambling” and “commercial gambling,” the acts themselves are just as distinct if not more so.
Everyone should be able to agree that gambling takes at least two people. In order to gamble, one needs to walk into an illicit gambling facility with money in hand that they are willing to bet, and they need to find someone willing to take that money in exchange for their operation of a game of chance or to keep track of winnings via a bet on sports. This second party taking the money is probably guilty of commercial gambling in the eyes of Kansas legislation.
This is not to say that anyone who hosts a game of poker in their own home where gambling is taking place will be found guilty of commercial gambling and hauled off to court to stare down the barrel of a felony charge, for there is one more crucial parameter that ever offender must meet: they must make a profit off of the gambling event.
To be clear: making a profit does not entail making wise bets and wagers or getting a little lucky and coming out ahead at the end of the day. Profiting from gambling entails putting oneself in a position to profit off of gambling whether they place bets or wagers or not. Popular means of accomplishing this include hosting a game where admission is charged solely for the privilege to play, collecting a “rake” (a small percentage of each pot given to the house as profit) from a private game of poker, playing or operating any traditional casino games as the “house,” (who, by definition of the games always has the highest chance of winning) of by operating a sportsbook where the guilty party will assume responsibility for paying out winning bets and collecting money from losing bets, usually collecting a small margin for profit in the process.
Just so long as a Kansas resident avoids these courses of action, they will skirt that felony charge, or indeed, any legal repercussions at all!
Gambling Laws In Kansas
Kansas Sports Betting Laws
In 1992, the federal government passed the Professional and Amateur Sports Protection Act which prohibited states from sanctioning sports betting all except for the four who were grandfathered in as exceptions. Seeing as how Kansas was not one of the states that was exempt from this law, one will not find any land based facilities to offer sports betting anywhere within state borders. If residents are determined to bet on sports without going to Nevada or turning to the internet, they will be forced to deal with a criminal element in order to do so. Obviously, both for personal safety and financial security, this is not a recommended course of action.
Luckily, there are many legal sports betting sites that accept Kansas residents. Through the use of these websites, Kansas residents may bet on sports to their heart’s content, and since the state of Kansas will not prosecute individuals who are merely placing bets, that can do so safe from the threat of legal prosecution.
Kansas Casino Gaming Laws
Although the State of Kansas is harsh on those who would attempt to facilitate illicit gambling for a profit, they have sanctioned a couple of casinos that operate within the state. There are only two in the entire state, but they offer several slot machines as well as table games with live dealers and poker rooms. In addition, there are also a few federally exempt tribal casinos in the state of Kansas, each with their own offerings of table games.
However, for a state as large as Kansas, the pickings are rather slim. For those who do not wish to spend the better part of the day in the car driving to a casino, many turn to legal online casinos for Kansas residents as a viable alternative. Through the products available on these websites, many players are able to take part in all traditional casino games right from the comfort of their very own homes.
Kansas Poker Laws
Scattered through the state of Kansas are a select few casinos, be they sanctioned by state legislation or federally exempt thanks to the Indian Gaming Act; poker is offered in all of these casinos. In the many poker rooms in all of these casinos players can join in tournaments for cash prizes, or merely hang around the tables for a few hands and see how they do before cashing in their chips for the day.
While social games are not technically sanctioned in accordance with Kansas gambling laws, rest assured the Kansas law enforcement will not do anything to endanger the sacred home game. Not only are Saturday night beers and cards with co-workers left well enough alone by state authorities (just so long as no one collects a profit!) but games played online in the privacy of a Kansas resident’s own home will not be prosecuted either. Even though casinos in Kansas are few and far between considering the size of the state, there are many options to play poker safe from prosecution.
Legal Age to Gamble in Kansas
It’s safe to say that the legal situation surrounding gambling in Kansas is murky at best. The last thing anyone should want to do is cloud the situation up any further, and yet, if one attempts to gamble before they are of legal age to do so. The legal age to gamble in Kansas is 21, and it is strongly recommended that all interested parties wait until they are at least that old before attempting to gamble themselves.
If one were to violate this law they would not only face steep penalties from the state such as steep fines and even jail time, but they would certainly come under some scrutiny from whichever facility they were caught gambling underage in. This will certainly include an extended ban as well as the seizure of any funds, including winnings associated with the account. Barring an apocalyptic scenario, legal gambling isn’t going anywhere, so it’s worth it to wait until it can be done with no fear of prosecution.
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Places To Gamble In Kansas
On-Land:
Casinos in the Sunflower State are certainly few and far between, but the ones that are there certainly embrace the principle of quality over quantity. Hundreds of slot machines, gaming tables and poker rooms are available in each facility, as well as high quality hotels and restaurants. Whether a Kansas resident finds themselves gambling in one of the few state sanctioned casinos or a federally exempt tribal casino, they should come to expect a high level of quality whenever they walk in
Online/Web-Based:
However, there is one impossible to ignore problem about the casinos in Kansas: given their quantity and the size of the state, they are most likely incredibly far away! This is why hundreds of thousands of Kansas residents long in to legal gambling websites every day, for a thorough gambling experience that is beamed right into their own homes!
One may be wondering at this juncture, how a Kansas gambling site can possibly be legal in a state that cracks down so heavy on the facilitation of illicit gambling? The answer is simple: by virtue of being located outside the United States. This places it outside the jurisdiction of not only Kansas gambling laws, but even the federal government. Since residents of Kansas may gamble fairly freely so long as they do so privately and it’s been established that these websites are in no danger of being shut down by the law, it can easily be seen that Kansas residents have a perfectly safe means of gambling on their hands, and not just for their person, but for their money!
Most Exciting Legal Gambling Site for Kansas Residents
Bovada Sportsbook
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However, you need not take the legal Kansas gambling site’s word for it. When you sign up with Bovada, you will be entitled to unique and fantastic bonuses, depending on whether you make your first deposit with the sportsbook, poker room or casino. Using your free bonus money, you may explore the website down to every last nook and cranny before putting any of your own money on the line. We are willing to bet that deposit will only be the first of many once you get a look at Bovada.
Best Gambling Sites That Welcome Kansas Residents
Need More Help With Kansas' Gambling Laws?...
While we are confident the information presented on this webpage about Kansas gambling laws is accurate, we are not lawyers, and therefore this cannot be considered a legal consultation. Any further questions should be directed towards a legal professional, or the state legislature found at www.kslegislature.org, a comprehensive reference where much of the information for KansasGamblingLaws.com originated.