Is gambling illegal in Kansas?
Some forms of gambling are legal in Kansas, but most forms of gambling are illegal. The Kansas Constitution provides the answer to whether or not gambling is legal or illegal.
Legal Gambling: Under Article 15, Section 3 of the Kansas Constitution, lotteries and the sale of lottery tickets "are forever prohibited" except as allowed under Sections 3a, 3b and 3c. These three exceptions make the following forms of lotteries legal:
(a) Bingo and instant bingo games conducted by licensed and regulated, non-profit religious, charitable, fraternal, educational and veterans organizations;
(b) Horse racing, dog racing and parimutuel wagering on horse and dog races at state licensed and regulated facilities in counties where the voters have approved such racing and wagering; and
(c) State-owned and operated lotteries, including lottery ticket sales and keno played through the Kansas Lottery, casino-style gambling at Kansas casinos where the State owns the casino games and regulates the operation of the facility (currently available at Boot Hill Casino and Resort in Dodge City, Kansas Star Casino in Mulvane, and Hollywood Casino in Kansas City, Kansas), and play of electronic gaming machines (such as slot machines and video poker) at licensed racetrack gaming facilities (none are currently in operation).
In addition, gambling at tribal casinos (casinos lawfully operated by Indian tribes) is legal in Kansas. Every other type of gambling is illegal in Kansas.
Illegal Gambling: There are several gambling-related crimes that are classified as "crimes against the public morals" in Kansas. Some of these crimes are misdemeanors and some are felonies. There are other gambling-related crimes as detailed below. Find links to the actual statutes by clicking here.
The following are public morals crimes under Kansas law:
•gambling (K.S.A. 21-6404)
•commercial gambling (K.S.A. 21-6406)
•dealing in gambling devices(K.S.A. 21-6407)
•unlawful possession of a gambling device (K.S.A. 21-6408)
•installing communication facilities for gamblers (K.S.A. 21-6404)
•illegal bingo operation (K.S.A. 21-6405)
Kansas also has nuisance statutes that make certain gambling activities illegal, including:
•maintaining a common nuisance (K.S.A. 22-3905)
•assisting in the maintenance of a common nuisance (K.S.A. 22-3905)
Gambling-related activities designated as common nuisances are:
•commercial gambling (K.S.A. 22-3901(a))
•dealing in gambling devices (K.S.A. 22-3901(b))
•possession of gambling devices (K.S.A. 22-3901(c))
There are also gambling-related crimes under the Kansas Expanded Lottery Act (KELA) and the Kansas Pari-mutuel Racing Act. These include:
•Crimes under the Kansas Expanded Lottery Act (KELA) related to the following areas:
•Wager, Loan and Credit Restrictions (K.S.A. 74-8756)
•Wagering Restrictions – Electronic Gaming Machines (K.S.A. 74-8758)
•Manipulating Electronic Gaming Machine Games or Lottery Facility Games (K.S.A. 74-8759)
•Unlawful Wagering (K.S.A. 74-8760)
•Restrictions on State and Local Officials and Affiliated Persons (K.S.A. 74-8762)
•Crimes Under the Kansas Pari-mutuel Racing Act related to the following areas:
•Disclosure of Confidential Information (K.S.A. 74-8804)
•Unlawful Prohibited Acts (K.S.A. 74-8810)