Legal vs. Illegal Gambling In Colorado
Some forms of gambling have been legal in Colorado since 1990 with the passing of the Colorado Limited Gaming Initiative, the most important gambling bill passed into law in Colorado since the 1948 amendment legalizing horse and animal race betting.
Under the current laws, some forms of gambling are legal in Colorado; however, there are still statutes prohibiting many types of gambling. Engaging in illegal gambling in Colorado is a crime with significant penalties for convictions. If you are facing a charge, our Colorado Springs defense attorneys can help.
What Types of Gambling Are Legal In Colorado?
The 1990 Colorado gambling bill passed into law by the state legislature in 1991 legalized most forms of “social gambling.” Social gambling is gaming in a social or entertainment context rather than professional gambling. In Colorado, the following types of gambling are legal:
- Licensed casino gaming, including blackjack, craps, roulette, poker, and slot machines
- Sports betting apps
- Animal races, such as live and off-track betting on horse races and dog racing
- Lottery
- “Poker night” games with family and friends as long as they aren’t organized into tournaments
- Unorganized sports betting between friends and family members
- Bingo games and charitable gaming events such as raffles (after obtaining a license)
The towns of Black Hawk, Cripple Creek, and Central City are Colorado Casino locations where social gambling is legal.
Illegal Gambling In Colorado
Under Colorado §18-10-103, the law states the following:
“A person who engages in gambling commits a petty offense. A person who engages in professional gambling commits a class 2 misdemeanor.”
Organized professional gambling is illegal in Colorado except where permitted in licensed casinos. The following forms of gambling are prohibited by Colorado law:
- Internet gambling
- Telephone sports book betting
- Any form of transmitting betting information through the internet, phone, radio, telegraph, or other means
In Colorado, it is illegal to engage in online betting even when gambling on a site in another state. Participating in illegal gambling is a crime with penalties for petty offenses including up to ten days in jail and $300 in fines. Engaging in or facilitating professional gambling is a class 2 misdemeanor crime punishable by up to 20 days in jail and as much as $750 in fines. A conviction for owning or selling a gambling device or having a gaming device in one’s possession is a class 2 misdemeanor crime with up to 120 days in jail and $750 in fines.
More serious charges sometimes related to illegal gambling in Colorado include felony racketeering and money laundering.
When charged with illegal gambling, law enforcement has a right to confiscate and/or destroy gambling devices, proceeds, and gaming records.
Colorado residents are constitutionally protected in the justice system, with a right to a vigorous defense when facing charges, including illegal gambling charges.
What Are the Three Elements of Gambling In Colorado?
In order for law enforcement to consider an activity as “gambling” it must include:
- Consideration
- An element of Chance
- A possible reward
Common defense strategies for illegal gambling charges center on proving that one of the above elements did not exist in the case, therefore the activity should not be considered as gambling under the law.