Online Casinos in Virginia

Virginia Has Casinos but No Online Casino

Virginia is a useful case because it shows that licensing casino gaming and licensing online casino gaming are two different decisions. Casino gaming is lawful under Chapter 41 of Title 58.1, where "The Board is vested with control of all casino gaming in the Commonwealth, with authority to prescribe regulations and conditions under this chapter." The gambling article in the criminal code makes room for that scheme and no more: "Nothing in this article shall be construed to make it illegal to participate in any casino gaming operation conducted in accordance with Chapter 41" of Title 58.1.

Play on a phone is permitted, but only inside the building. The statute reads: "On-premises mobile casino gaming is prohibited except when offered by a casino gaming operator to individuals who participate in on-premises mobile casino gaming on the premises of the casino gaming establishment." The defined term matches — on-premises mobile casino gaming is gaming offered to players "who are physically present on the premises of the casino gaming establishment, as authorized by regulations promulgated by the Board." There is no statewide online casino licence in Virginia, and this site does not point readers at operators that are not licensed where they are.

Away from a licensed casino the general law applies. "Illegal gambling" is defined as "the making, placing, or receipt of any bet or wager in the Commonwealth of money or other consideration or thing of value, made in exchange for a chance to win a prize, stake, or other consideration or thing of value, dependent upon the result of any game, contest, or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest, or event occurs or is to occur inside or outside the limits of the Commonwealth.", and running such an operation is a felony: "The operator of an illegal gambling enterprise, activity or operation shall be guilty of a Class 6 felony."

Online Sports Betting Is Licensed, Online Casino Is Not

Virginia licenses statewide online sports betting, and the law says so by defining the product in internet terms: ""Sports betting platform" means a website, app, or other platform accessible via the Internet or mobile, wireless, or similar communications technology that sports bettors use to participate in sports betting." Permits are issued by the Director of the Virginia Lottery, and a "Permit holder" is "a person to which the Director issues a permit pursuant to" the permit and renewal sections.

No equivalent exists for casino games. A reader who can open a licensed sportsbook app anywhere in Virginia should not infer that online slots or table games are licensed there; the casino chapter confines mobile casino play to the casino floor. Virginia therefore belongs with the group of states that license online sports betting while making no provision for online casino games.

Sweepstakes Casinos: Why No Status Is Recorded

Virginia's statute book cuts two ways on prize play and no provision addresses dual-currency sweepstakes casinos by name, so this page records no sweepstakes status rather than inferring one. On one side, the definition of illegal gambling was broadened to provide that a bet "shall include the purchase of a product, Internet access, or other thing made in exchange for a chance to win a prize, stake, or other consideration or thing of value by means of the operation of a gambling device as described in subdivision 3 b, regardless of whether the chance to win such prize, stake, or other consideration or thing of value may be offered in the absence of a purchase." On the other, a separate section provides that in a prosecution under the article "no consideration shall be deemed to have passed or been given because of any person's attendance upon the premises of another; his execution, mailing or delivery of an entry blank; his answering of questions, verbally or in writing; his witnessing of a demonstration or other proceeding; or any one or more thereof, where no charge is made to, paid by, or any purchase required of him in connection therewith."

Which of those governs an online dual-currency product is a question of interpretation that no Virginia statute, regulation or official opinion read for this page answers. Sweepstakes casinos and real-money casinos are separate products and neither is presented here as a licensed version of the other.

Who Regulates, and the Minimum Age

In the casino chapter the regulator is identified by definition: ""Board" means the Virginia Lottery Board established in the Virginia Lottery Law", and the Virginia Lottery is "the independent agency responsible for the administration of the Virginia Lottery created in the Virginia Lottery Law". The minimum age is 21: "A. No person shall wager on or conduct any wagering on the outcome of a game pursuant to the provisions of this chapter unless such person is 21 years of age or older."