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What Types of Gambling are Illegal in Georgia?

September 14, 2024 Posted In Criminal Defense

Georgia has some of the strictest gambling laws in the country. While there are limits in most states, Georgia only allows a select few types of gambling, and anything beyond that may be considered a crime. If you are facing gambling charges in Georgia, you need the help of an experienced white-collar crime defense attorney with Wallack Law Criminal Defense. Don’t gamble your future by facing these charges alone.

Gambling in Georgia

Georgia has very restrictive laws regarding gambling or placing bets. Though both are illegal in most forms, they are separately defined. With very few exceptions, nearly all forms of gambling are illegal in Georgia. The definitions below do not include the Georgia lottery or Bingo games, which are legal with the appropriate licensing.

Gambling is defined as making a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest. This also includes making a bet on the results of a political election, nomination, or appointment, including the degree of success of any appointee, nominee, or candidate. According to O.C.G.A. 16-12-21, this should also include someone who plays and bets for money or anything of value at a game played with cards, dice, or balls.

The Official Code of Georgia defines a bet as an agreement that, dependent upon chance, you stand to win or lose something of value, even if it requires some skill. The statute 16-12-20 explains that this does not apply to contracts of indemnity or guaranty. Additionally, life, health, or property insurance does not count as betting or gambling in Georgia.

Commercial Gambling

If you are found gambling in Georgia, that can result in criminal charges. This may be enhanced if you are charged with commercial gambling, which is defined as a person intentionally doing any of the following:

  • Operates or participates in the earnings of a gambling location
  • Manages bets or offers to bet
  • Becoming a custodian of anything offered to be bet for gain
  • Sets up or promotes any lottery or bingo game

Prohibited Gambling and Sentencing

Most types of gambling are illegal in Georgia and qualify as a misdemeanor crime if you are charged. However, commercial gambling may be charged as a felony. If you are facing a situation in which you have been charged with gambling, you may want to speak with an attorney who is experienced in these types of cases. A general list of activities that may qualify include:

  • Dog or horse racing
  • Playing at or maintaining a casino
  • Chain letters
  • Pyramid clubs

This is not an exhaustive list, and there may be other activities that can put you at risk for gambling charges. A gambling conviction can result in jail time and a fine. While it is generally a misdemeanor, the specifics of your case, including your role in the games and the amounts wagered, may affect your charges. If you are facing a commercial gambling conviction, this is a felony charge and may result in 1-5 years of jail time and up to $20,000 in fines. These are life-changing charges, and you deserve to have an attorney fighting for your rights.