Virginia Beach, Va. – Virginia Beach Commonwealth’s Attorney Colin D. Stolle, City Attorney Mark D. Stiles, and Chief of Police Paul W. Neudigate jointly release the following statement on enforcement of Skill Games in Virginia Beach.
Skill Games
Playing or Offering for Play Skill Games is Criminal Activity
In 2020, the Virginia General Assembly enacted laws declaring so called “Skill Games” to be illegal gambling devices. These laws, which were amended by the General Assembly in 2022, made possessing, operating, or playing Skill Games a criminal offense and provided both civil and criminal penalties for persons operating such devices. During this time, a lawsuit was filed in Emporia Circuit Court challenging the Skill Games ban and the court entered an injunction prohibiting enforcement of the ban until a trial could be held. Because of this injunction, many jurisdictions allowed these illegal gambling devices to continue to operate. On October 13, 2023, the Virginia Supreme Court vacated the lower court’s decision and lifted the injunction preventing enforcement of the relevant code sections.
In light of the Supreme Court’s ruling and based upon the provisions of the Virginia Code that prohibit playing or offering play of Skill Games, the Virginia Beach Police Department in cooperation with the Virginia Beach Commonwealth’s Attorney and Virginia Beach City Attorney’s Office will resume enforcement of the illegal gambling code sections related to “Skill Games” beginning on November 26, 2023.
What is a “Skill Game?”
Virginia Code §18.2-325(6) states:
“Skill game” means an electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play a game, the outcome of which is determined by any element of skill of the player and that may deliver or entitle the person playing or operating the device to receive cash or cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash; or cash equivalents whether the payoff is made automatically from the device or manually. “Skill game” includes (i) a device that contains a meter or measurement device that records the number of free games or portions of games that are rewarded and (ii) a device designed or adapted to enable a person using the device to increase the chances of winning free games or portions of games by paying more than the amount that is ordinarily required to play the game. “Skill game” does not include any amusem*nt device, as defined in § 18.2-334.6.
Possible Punishment for Violation
Civil Penalties
Any person operating a Skill Game device or devices may be subject to a civil proceeding seeking:
1. a civil penalty in the amount of $25,000 per gambling device,
2. an immediate injunction prohibiting operation of the gambling devices,
3. seizure of the gambling devices, and
4. costs associated with investigating and bringing the lawsuit, including attorney fees.
Criminal Penalties
Criminal charges under Virginia Code §18.2-331 for illegally possessing gambling devices and operating the devices for the advancement of unlawful gambling activity.
- The punishment for violating this statute is a Class 1 misdemeanor, which may result in confinement in jail for up to twelve months or a fine up to $2,500, or both.
Criminal charges under Virginia Code §18.2-328 for being an operator of an illegal gambling enterprise, activity or operation.
- The punishment for violating this statute is a Class 6 felony, which may result in a term of imprisonment for up to five years, or confinement in jail for up to twelve months or a fine up to $2,500, or both.
Playing these “Skill Games” could result in criminal charges of illegal gambling under Virginia Code §18.2-326.
- The punishment for violating this statute is a Class 3 misdemeanor, which may result in a fine up to $500.
Please contact Macie Allen (for Commonwealth’s Attorney), VBPD Public Affairs (for Police Department), or Tiffany Russell (for City Attorney) if further information is desired.
Contact Information
Police - Public Affairs Office
FAQs
These laws, which were amended by the General Assembly in 2022, made possessing, operating, or playing Skill Games a criminal offense and provided both civil and criminal penalties for persons operating such devices.
Are skill-based games considered gambling? ›
Betting on skill games can be a lucrative alternative to traditional gambling because it isn't regulated the same way. The legal definition of gambling necessitates the element of chance (the literal “gamble” in question), and thus, games of skill are largely exempt.
In what states are skill games legal? ›
As of today, Skillz powers real prize competitions in roughly 80% of the world and 40 US states - the exceptions being Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee.
Is it legal to play games for money? ›
The skill-based real-money game sector continues to grow in 2024, and yes, skill games are generally legal under the laws of most states. Risking money on games of skill has always been popular – from Mesopotamia, to Ancient Egypt and the Roman Empire, to your local pool hall.
What are skill games in PA? ›
It's the thrill of gambling at a casino betting money with a chance to win a jackpot, but it's not about luck. These devices are called 'PA Skill Games' however they look similar to slot machines. We hit the streets of Luzerne County to ask people if they knew the difference between the two.
What games are not considered gambling? ›
For instance: If it is free to play the game of bingo, even if you can win a prize, it is not gambling because you did not have to pay to play. If you pay to enter a pool tournament for a chance to win, the game of pool is considered a skill, and not a game of chance, so it is not gambling.
Is playing games gambling? ›
Gaming and gambling are very similar activities; the gambling industry even uses these terms interchangeably. The main difference between the terms is that for gaming the outcome is achieved by skill, not chance, whereas for gambling, the opposite is true.
What constitutes a game of skill? ›
A game of skill is a game where the outcome is determined mainly by mental or physical skill, rather than chance.
Is poker a game of skill legally? ›
After detailed consideration of statistical evidence, Judge Weinstein determined that poker was a game of skill and reversed DiCristina's trial court conviction for operating a gambling business.
Can you still play skill games in Virginia? ›
In 2020, the Virginia General Assembly enacted laws declaring so called “Skill Games” to be illegal gambling devices.
A law aimed at preventing pay-to-play politics, Section 84308 generally prohibits a party seeking a contract (other than competitively bid), license, permit, or other entitlement for use from making a contribution of more than $250 to an official of the agency.
Is it legal to play sports for money? ›
This depends on the state in which the league is being operated. Generally, fantasy sports, even pay-to-play leagues, are probably legal in most states, at least as long as “winning” is not dependent on the results of actual games or the statistical performance of a single player. in these jurisdictions.
Are contests considered gambling? ›
Federal anti-gambling laws apply to any giveaway or contest, especially if it's conducted online. Overall, though, any contest or sweepstakes must declare the odds of winning, the date the winner will be selected, and other key details for transparency. Sweepstakes must not require a purchase to enter.
Are skill games gambling? ›
Cash-based tournaments in games of skill are not considered gambling because the generally accepted definition of gambling involves three specific things: (1) the award of a prize, (2) paid-in consideration (meaning entrants pay to compete) and (3) an outcome determined on the basis of chance.
Do you pay taxes on PA skill games? ›
Operators of the 12 Pennsylvania casinos have filed a lawsuit asking the state Supreme Court to declare the 54% tax they pay on slot machine revenues unconstitutional, because the state allows ten of thousands of unlicensed “skill games” to operate tax-free.
What is the PA skill games court decision? ›
In a per curiam order this week, the Pennsylvania Supreme Court granted the state attorney general office's appeal of a 2023 Commonwealth Court decision that determined that the games are not illegal gambling machines.
What qualifies as gambling? ›
Gambling is when a person bets or risks something of value (like money) based on a chance outcome that is out of their control or influence with the understanding that they will either gain increased value or lose their original value determined by the specific outcome.
Is there a difference between gambling and gaming? ›
What is the difference between gambling and gaming? Gambling and gaming are two different things. Gaming is when you participate in legal, state sanctioned wagering. Gambling is when you place bets or wager at locations or online platforms that are not permitted in the State, which remains a criminal activity.
What makes a game a gambling game? ›
Gambling thus requires three elements to be present: consideration (an amount wagered), risk (chance), and a prize.
What is the most skill based gambling game? ›
Poker stands out as one of the most renowned skill-based casino games. It involves not only understanding the game's rules and various hand rankings but also analyzing opponents' moves, being able to bluff, and making strategic decisions based on the cards dealt.
