Online Casinos in Washington

Online Casino Play Is a Felony Offence in Washington

Washington's online gambling law is the strictest in the country, and it is worth quoting rather than describing. RCW 9.46.240 provides that "Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet, a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021". The legislature's recorded reason for extending the offence to the internet is on the same page: "With the advent of the internet and other technologies and means of communication that were not contemplated when either the gambling act was enacted in 1973, or the lottery commission was created in 1982, it is appropriate for this legislature to reaffirm the policy prohibiting gambling that exploits such new technologies."

The underlying rule is that nothing is permitted unless the legislature has permitted it: "It is the policy of this state to prohibit all forms and means of gambling, except where carefully and specifically authorized and regulated." The Washington State Gambling Commission answers the question directly on its own FAQ: "No. Washington law prohibits any online gambling by and it is a class C felony to knowingly transmit or receive gambling information by telephone, internet, or any other similar means." It also addresses the player's side, not only the operator's: "However, you are violating Washington State law if you knowingly gamble through an online gambling website". No online casino is licensed in Washington, and this site does not point readers at operators that are not licensed where they are.

Virtual Currency and Sweepstakes-Style Games

Washington is one of the few states whose regulator has published a position on casino games played with virtual currency. Relying on RCW 9.46.0285 and the Ninth Circuit's decision in Kater v. Churchill Downs, the Commission notes that "The Kater court determined the virtual currency to be a “thing of value” under RCW 9.46.0285." and that "A subsequent decision has followed Kater in recognizing virtual currency as a “thing of value.”" Its conclusion is that "Therefore, games of chance such as those in Kater and Larsen that ask the player to wager virtual currency for the potential of winning more virtual currency are likely to constitute illegal gambling.", set against the baseline that "Washington State law establishes that all gambling is illegal unless specifically authorized by law." The Commission addresses operators directly: "WSGC encourages all companies that offer virtual casino games to Washington residents to review their games and ensure compliance with Washington State law."

The hedge in the Commission's wording is its own and is kept here: it declines to pre-judge an individual product. Sweepstakes casinos and real-money casinos are separate products with separate rules, and neither is presented here as a licensed version of the other.

Sports Betting Is Authorised, and Only Inside Tribal Casinos

Washington does authorise sports wagering, and that must not be read across to casino games. The legislature's recorded intent when it did so was narrow: "The legislature intends to further this policy by authorizing sports wagering on a very limited basis by restricting it to tribal casinos in the state of Washington." The authorisation runs through class III gaming compacts, and RCW 9.46.240's exception covers only "such information transmitted or received or equipment or devices installed or maintained relating to activities authorized by this chapter". Casino games played online from a phone or a home computer are not among those activities.

Regulator and Minimum Age

The regulator is the Washington State Gambling Commission, which describes itself this way: "Since 1973, the Washington State Gambling Commission (WSGC) has helped protect the public by ensuring that gambling is legal and honest." Its remit covers the licensed land-based forms: "The accredited law enforcement agency oversight includes several forms of gambling, such as punch boards and pull-tabs, house-banked card rooms, and nonprofit raffles and bingo." The statutory minimum age for authorised gambling is 18: "It is unlawful for any person under the age of eighteen to play in authorized gambling activities including, but not limited to, punchboards, pull-tabs, or card games, or to participate in fund-raising events." Tribal casinos operate under compacts that may set a higher age.