Online Casinos in Utah

Providing Online Gambling in Utah Is a Third Degree Felony

Utah does not license online casino play and does not treat it as an open question. The gambling offences sit in Part 14 of Chapter 9 of the Utah Criminal Code, and the one that addresses the internet reads: “An actor commits online gambling promotion if the actor intentionally provides or offers to provide a form of online gambling to an individual in this state.” The penalty is on the same page — “A violation of Subsection (2) is a third degree felony.”

The player’s side is covered separately. Utah Code 76-9-1402 provides that “An actor commits participating in gambling if the actor participates in: (a) gambling; (b) fringe gambling; or (c) online gambling.” A first offence is a class B misdemeanour and a repeat is a class A misdemeanour. The Legislature also put its intention beyond argument: “Regardless of whether a federal law is enacted that authorizes online gambling in the states of the United States, this section and Section 76-9-1404 act as this state's prohibition of gambling, fringe gambling, or online gambling, in this state.”

The definition that carries the weight is broad. “"Online gambling" means gambling, fringe gambling, or gaming by use of: (a) the internet; or (b) any mobile electronic device that allows access to data and information.” No online casino is licensed in Utah, and this site does not point readers at operators that are not licensed where they are.

Utah Cannot License a Casino Without Amending Its Constitution

Most states that do not offer online casino games simply have not passed a law. Utah has a constitutional bar: Article VI, Section 27 provides that “The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose.” That is why Utah has no gaming commission, no state lottery and no licensed casino of any kind, and why this page records no regulator — there is no body with anything to license.

Sweepstakes-Entry Gaming Is Reached by the Same Part

Utah defines sweepstakes in the gambling part itself: “"Sweepstakes" means a game, advertising scheme, marketing scheme, or other promotion: (a) that an individual may enter with or without payment of any consideration; (b) that qualifies the person to win a prize; and (c) the result of which is based on chance.” It then defines fringe gambling to reach products sold alongside something else — “"Fringe gambling" means any de facto form of gambling, lottery, fringe gaming device, or video gaming device that is given, conducted, or offered for use or sale by a business in exchange for anything of value or incident to the purchase of another good or service.” — and defines a fringe gaming device to include anything shown on a screen that “provides the user with a card, token, credit, gift certificate, product, or opportunity to participate in a contest, game, gaming scheme, or sweepstakes with a potential return of money or other prize.”

The offence in 76-9-1408 is written to survive a change of wrapper. It applies to a person who permits, induces, finances, manages or possesses such a device, and subsection (4) states: “This section applies regardless of whether the fringe gaming device: (a) is server-based; (b) uses a simulated game terminal as a representation of a prize associated with the results of a sweepstakes entry;” The definition is extended in the same direction: “"Fringe gaming device" includes a machine or device similar to a machine or device described in Subsection (7)(a) that seeks to avoid application or circumvent this part or Utah Constitution, Article VI, Section 27.” Because fringe gambling carried over the internet is itself online gambling under the definition quoted above, the felony provision in 76-9-1404 reaches it.

Sweepstakes casinos and real-money casinos are separate products with separate rules, and neither is presented here as a licensed version of the other.