(A) A person commits gambling when he or she:
(1) Knowingly plays a game of chance or skill for money or other thing of value unless excepted in division (B) below;
(2) Knowingly makes a wager upon the result of any game, contest or any political nomination, appointment or election;
(3) Knowingly operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
(4) Contracts to have or give himself or herself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to § 8 of the Illinois Securities Law of 1953 (815 ILCS 5/8), or by or through a person exempt from such registration under § 8, of a put, call or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under § 3 of the Illinois Securities Law of 1953 (815 ILCS 5/3) is not gambling within the meaning of this division (A)(4);
(5) Knowingly owns or possesses any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he or she has received in the course of a bet or wager;
(6) Knowingly sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election;
(7) Knowingly sets up or promotes any lottery or sells, offers to sell or transfers any ticket or share for any lottery;
(8) Knowingly sets up or promotes any policy game or sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
(9) Knowingly drafts, prints or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of the state or any other state or foreign government;
(10) Knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of the state or any other state;
(11) Knowingly transmits information as to wagers, betting odds or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this division (A)(11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
(12) Knowingly establishes, maintains or operates an Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment or election by means of the Internet. This division (A)(12) does not apply to activities referenced in division (B)(6)(a), (B)(6)(b) and (B)(15) below.
(B) Participants in any of the following activities shall not be convicted of gambling:
(1) Agreements to compensate for loss caused by the happening of chance, including, without limitation, contracts of indemnity or guaranty and life or health or accident insurance;
(2) Offers of prizes, award or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest;
(3) Pari-mutuel betting as authorized by the law of this state;
(4) Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this state when such transportation is not prohibited by any applicable federal law; or the manufacture, distribution or possession of video gaming terminals, as defined in the Video Gaming Act (230 ILCS 40), by manufacturers, distributors and terminal operators licensed to do so under the Video Gaming Act;
(5) The game commonly known as “bingo”, when conducted in accordance with the Bingo License and Tax Act (230 ILCS 25);
(6) (a) Lotteries when conducted by the state in accordance with the Illinois Lottery Law (20 ILCS 1605). This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
(b) The purchase of lottery tickets through the Internet for a lottery conducted by the state under the program established in § 7.12 of the Illinois Lottery Law (20 ILCS 1605/7.12).
(7) Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this division (B)(7), an ANTIQUE SLOT MACHINE is one manufactured 25 years ago or earlier;
(8) (a) Raffles and poker runs when conducted in accordance with the Raffles and Poker Runs Act (230 ILCS 15).
(b) The purchase of raffle chances for a raffle conducted in accordance with the Raffles and Poker Runs Act (230 ILCS 15).
(9) Charitable games when conducted in accordance with the Charitable Games Act (230 ILCS 30);
(10) Pull tabs and jar games when conducted under the Illinois Pull Tabs and Jar Games Act (230 ILCS 20);
(11) Gambling games conducted on riverboats when authorized by the Riverboat Gambling Act (230 ILCS 10);
(12) Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment or licensed veterans establishment when conducted in accordance with the Video Gaming Act (230 ILCS 40);
(13) Games of skill or chance where money or other things of value can be won but no payment or purchase is required to participate;
(14) Savings promotion raffles authorized under § 5g of the Illinois Banking Act (205 ILCS 5/5g), § 7008 of the Savings Bank Act (205 ILCS 205/7008), § 42.7 of the Illinois Credit Union Act (205 ILCS 305/42.7), § 5136b of the National Bank Act (12 U.S.C. § 25a) or § 4 of the Home Owners’ Loan Act (12 U.S.C. § 1463); and
(15) Sports wagering when conducted in accordance with the Sports Wagering Act (230 ILCS 45).
(C) Circumstantial evidence. In prosecutions under this section, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(720 ILCS 5/28-1(a), (b), (d)) Penalty, see § 130.99
Statutory reference:
Second and subsequent offenses of § 135.02(A)(3) through (A)(12), felonies, see 720 ILCS 5/28-1