Is Gambling Legal In South Carolina

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  7. Sports Gambling South Carolina

South Carolina is one of the most restrictive states when it comes to
gambling.

Online gambling. South Carolina’s gambling laws are some of the strictest in the nation. Rarely are statutes written with so little ambiguity. The laws are more analogous to drug laws than the ones typically seen in gambling regulations. In fact, the laws are so stringent on any type of gambling that it doesn’t even make sense to speak. Most forms of gambling are prohibited in South Carolina. Slots and Video poker machines have been banned in the state. South Carolina also does not have a state gaming commission as casino gaming is illegal in the state. In terms of restrictive gambling laws, South Carolina is up there. South Carolina Online Gambling Laws. The laws regarding online gambling in South Carolina are fairly limited, solely because the legislature has yet to cover online gambling. The lack of a law related to online gambling laws essentially means that you have no real adversity when it comes to online gambling.

This is of little surprise since they’re in the heart of the Bible Belt.
Their criminal code even includes a special punishment for holding home gambling
functions on the Sabbath.

South Carolina has historically been extremely opposed to almost all forms of gambling, including betting on sports. Unfortunately for sports betting fans in the state, that opposition is still going strong. Right now and for the foreseeable future, sports betting is not legal in South Carolina. In the case of the South Carolina gambling laws, the latter, 'social conservation' interpretation is what hold sways. People don't want their neighbors to fall prey to the evils wrought by games of chance, so anti-gambling laws are put in force by the state. The State of South Carolina keeps matters simple, though, investing all power over.

Based on this prefacing, it’s no shock that South Carolina doesn’t have legal
Internet gambling. They do have numerous offshore sites operating within their
boundaries though, which causes some confusion.

We’ll help cut down on this confusion by discussing South Carolina’s gaming
laws and online gambling options.

We’re also going to cover the Palmetto State’s overall gaming industry, where
you can gamble here, FAQs and some additional legal resources for you to look
at.

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Online Gambling and South Carolina Law

South Carolina doesn’t address online gambling or terms like “Internet” and
“computer” in their criminal code. This makes sense because South Carolina’s
criminal code feels like it was etched in stone.

But the absence of language against Internet gambling doesn’t make it legal
either.

Let’s dive into the Palmetto State’s gaming laws to find out their stance on
iGaming along with potential penalties for violating laws.

Is Online Gambling Legal in South Carolina?

South Carolina follows a simple rule: if the government doesn’t legalize a
form of gaming, then it’s considered illegal.

The Palmetto State hasn’t come close to regulating iGaming, and they
certainly haven’t approved offshore gambling sites either.

South Carolina’s gaming criminal code is so vague that it’s hard to tell what
they’d use to prosecute gaming sites with.

The closest thing we can find is code 16-19-50, which discusses unlawful
gaming tables:

“Any person who shall set up, keep, or use any (a) gaming table, commonly
called A, B, C, or E, O, or any gaming table known or distinguished by any other
letters or by any figures, (b) roley-poley table, (c) table to play at rouge et
noir, (d) faro bank (e) any other gaming table or bank of the like kind or of
any other kind for the purpose of gaming, or (f) any machine or device licensed
pursuant to Section 12-21-2720 and used for gambling purposes except the games
of billiards, bowls, chess, draughts, and backgammon, upon being convicted
thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars
and not less than two hundred dollars.”

South

It’s hard to look past the antiquated phrases like “roley-poley table” and
“faro bank,” but if you can do so, you’ll notice that any gaming table is
covered here.

Although a stretch, this could apply to online casino table games and poker
sites.

South Carolina is unlikely to take such a leap to prosecute iGaming sites,
but we’ve seen Kentucky use vague language (unsuccessfully) in order to attempt
gambling domain name seizures.

Can I be Arrested for Gambling Online in South Carolina?

It’s possible, but highly unlikely.

Section 16-19-40 bans residents from numerous gambling activities:

“If any person shall play at any tavern, inn, store for the retailing of
spirituous liquors or in any house used as a place of gaming, barn, kitchen,
stable or other outhouse, street, highway, open wood, race field or open place
at (a) any game with cards or dice, (b) any gaming table, commonly called A, B,
C, or E, O, or any gaming table known or distinguished by any other letters or
by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank
(f) any other table or bank of the same or the like kind under any denomination
whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720
and used for gambling purposes.”

The locations listed in code 16-19-40 don’t mention anything about an online
gaming site, but they could use the phrase “any gaming table” to attempt
prosecution.

Any player convicted of violating this law faces up to 30 days in jail and a
$100 fine. Any operator faces up to 12 months in prison and a $2,000 fine.

Luckily, you shouldn’t have to worry about this law as online gambler.

First off, the state has never arrested a player for Internet gambling.
Secondly, the legal language above doesn’t make for an airtight case if South
Carolina goes to the trouble of busting online gamblers.

Is My Money Safe at Offshore Sites?

South Carolina is in a grey area regarding iGaming, and many offshore
gambling sites take advantage of this status.

What’s nice is that this gives South Carolina residents plenty of options.
The problem is that these sites aren’t licensed in the U.S.

This isn’t to say that the offshore gaming market is filled with nefarious
operators, but the few bad lemons out there make it important to do research
before depositing.

Here are some steps that you should take before playing real money games at
any offshore site:

  • Read Several Reviews
  • Once you find a site you like, the first step is
    to read several reviews on it. Reviews are great because they normally cover
    several main topics, including bonuses, games, banking options and customer
    service.

  • Look at Reputability
  • One of the keys when reading reviews is to
    get an idea on a gaming site’s reputability. The more credible an offshore
    company is, the more confidence you’ll have when depositing.

  • Search for Customer Complaints
  • To add to the last tip, you should also
    Google customer complaints on gaming sites. No casino or poker site will
    satisfy everybody, but this should give you an idea on if they struggle
    really badly in any particular area (i.e. processing cash outs, customer
    service).

  • Check Out Deposit Methods
  • Make sure that the site you’re interested in
    has at least one deposit option you can use.

  • Contact Live Chat
  • Reviews usually cover customer support, but it
    provides extra assurance when you visit the site directly and ask their live
    chat/email support a simple question. This helps you gauge how friendly and
    knowledgeable they are.

Also On This Page

More Gambling Laws in South Carolina
Gambling Venues in South Carolina
The History of Gaming Laws in South Carolina
South Carolina Gambling FAQs
Additional Information
The Future of Gambling in South Carolina

More Gambling Laws in South Carolina

  • Casino Games: Illegal
  • Sports Betting:Illegal
  • Poker: Illegal
  • Racing Betting:Illegal
  • Lottery: Legal
  • Bingo: Legal
  • Charitable Gambling: Legal (Bingo Only)
  • Social Gambling: Illegal

Casinos: Illegal

South Carolina doesn’t have any commercial or tribal casinos on their soil.
The only casino option they have is the Big M Casino cruise, which must be in
international waters before gambling can commence.

In 2006, the Catawba Tribe fought the state in court so they could build a
tribal casino. After all, the Indian Gaming Regulatory Act of 1988 gives tribes
the right to negotiate for casino gambling.

The Catawba were successful in the lower courts, but the South Carolina
Supreme Court overturned this ruling and denied the tribe’s request.

In 2015, House Representative Todd Rutherford introduced a bill that would
legalize commercial casinos, but this legislation failed to gain any traction.

Rutherford isn’t giving up, though. He
pre-filed a question on the 2018 ballot that will ask voters if they approve
of casino, horse, and sports gambling.

Charitable Gambling: Illegal

The Palmetto State has some of the toughest charitable gambling laws in
America.

Bingo is the only form of gambling that approved charities can offer. Any
charity wishing to make revenue through bingo must file an application with the
South Carolina Department of Revenue Bingo Licensing and Enforcement.

Also note that the state has six classes of charity bingo: AA, B, C, D, E and
F. The differences include prize limits, admission fees and whether or not
charities must pay for licensing.

South Carolina used to allow charitable raffles, but they ended this in 2014.

Lottery: Legal

The South Carolina Education Lottery was created in 2000. Games offered by
this lottery include Cash 5, Lucky for Life, Mega Millions, Pick 4, Pick 5 and
Powerball.

Poker: Illegal

South Carolina doesn’t have any legal poker rooms. The only option players
have is unlicensed offshore poker sites.

Racing: Illegal

Pari-mutuel betting is yet another illegal gambling activity in South
Carolina. They do have a couple of horse races at the Springdale Course Track
though, including the Carolina Cup and Colonial Cup International Steeplechase.

Social Gambling: Illegal

Going back to section 16-19-40 of the South Carolina Constitution, they don’t
allow any kind of unlawful gambling. Social gaming hasn’t been approved by the
government, therefore it’s illegal.

South Carolina proved this in 2006, when they busted a high stakes poker game
with 27 players. The police seized $62,000 and took every player to jail.

22 players pleaded guilty to unlawful gambling and paid a small fine. But 5
players refused to plead guilty and appealed their convictions.

The case lasted over three and a half years, with Circuit Judge R. Markley
Dennis overturning the convictions based on poker’s skill element. Judge Dennis
also said that the players were convicted on an 1802 gambling ban that was
“unconstitutionally vague and overboard.”

But in 2012, the South Carolina Supreme Court ruled that the convictions
should’ve remained intact.

In a non-unanimous decision, the judges wrote that gambling isn’t determined
by skill, but rather if “there is money or something of value wagered on the
game’s outcome.”

You take your legal chances by playing at any social gambling function in
South Carolina. If you do play, the following points may prevent your game from
being busted:

  • Keep the stakes low, unlike the 2006 game discussed above.
  • The host shouldn’t impose a house edge, collect rake or attempt to
    profit in any way (i.e. selling food/drinks).
  • Avoid anything illegal on the premises including drugs, unregistered
    firearms or prostitution.
  • Don’t brag about the game or discuss it with outsiders.

Video Gambling: Illegal

In the 1990s, South Carolina allowed bars and other liquor serving
establishments to have licensed video poker machines.

These games were extremely popular due to the Palmetto State’s lack of gaming
options. According to the LA Times,
the industry’s peak featured 37,000 video poker machines spread throughout the
state.

By comparison, Pennsylvania – a state with 13 casinos and more than double
South Carolina’s population – has 29,000 gaming machines.

Video poker was big business for South Carolina, with the machines pulling in
over $3 billion annually. But in 1998, then Governor David Beasley set out to
ban video gaming during his re-election campaign.

Beasley, who injected his Christian values into politics, dubbed video poker
the “crack cocaine of gambling.” He also used a 10-month old baby dying in a hot
car as her mother gambled as the banner for his campaign.

Owners of the video poker machines responded with
negative political ads
against Beasley, which was one of the key components in causing Beasley to
lose his re-election bid in 1998.

Nevertheless, the seed was already planted in the minds of politicians and
judges. The South Carolina Supreme Court voted to ban video gaming in 2000,
immediately pulling the plug on over 22,000 machines.

Gambling Venues in South Carolina

South Carolina may not allow land based casinos, but they do have limited
cruise ship gambling. The main stipulation is that the ship must be three miles
into international wagers before gambling can commence.

    1) The Big M cruise ship

    Docks in Little River, SC

    Over 200 gaming machines

    2) The Big M Casino

    4495 Mineola Ave,

    Little River, SC 29566

History of Gambling in South Carolina

As we’ve covered so far, South Carolina is tough on gambling. This is seen
throughout their entire history, which starts with banning all forms of gaming
in 1802.

The Palmetto State allowed video poker machines throughout the 1990s, but
they decided to ban all of these games in 2000.

The Catawba Tribe sued for the right to offer casino gaming in 2006. Not
surprisingly, the South Carolina Supreme Court ruled against them.

This state has even proven to be tough on social gambling. 27 people were
arrested for playing in a home poker game in 2009.

A judge’s ruling overturned convictions on 5 of the men, but a South Carolina
Supreme Court ruling stated that social gambling is illegal and the men’s
conviction shouldn’t have been overturned.

State Representative Todd Rutherford introduced a commercial casino bill in
2015, but the legislation failed to gain any traction.

Carolina

Given South Carolina’s gambling history, the prospects of legal iGaming don’t
look good in the immediate future.

1802

State constitution amended to ban all gambling.

1990sIs gambling legal in sc

South Carolina has problem with widespread video poker machines.

2000

Is Gambling Illegal In South Carolina

Video Poker machines banned; South Carolina Lottery approved.

2006

Catawba Tribe sues for the right to offer video gaming on reservations; they lose their case the following year.

2009

5 men are cleared of unlawful gambling charges for playing in a home poker game.

2012

South Carolina Supreme Court rules that social gambling is illegal.

2015

Rep. Todd Rutherford introduces bill for commercial casinos, but the legislation fails.

2016

Daily Fantasy sports bill introduced, but doesn’t get a vote.

2017

Bill introduced to challenge federal ban on sports betting.

South Carolina FAQs

South Carolina clearly doesn’t approve of many forms of gambling. They also
don’t offer any clear language that damns Internet gambling.

Does this give you room to play any form of iGaming? Let’s discuss this
matter by looking at some of the FAQs we’ve received.

Will South Carolina Legalize Online Gambling?

No state has legalized and regulated Internet gaming without a land based
casino industry in place first. Before South Carolina even considers iGaming,
they must first approve and develop a brick and mortar gambling presence.

House Rep. Rutherford is fighting for casino gambling because he believes it
would help pay for the state’s road needs.

The problem, though, is that South Carolina is so backwards to gambling that
it could take years for commercial casinos. Even then, it’ll take a few years
for the casinos to be running before Internet gambling gets serious
consideration.

Taking everything into account, it could be a decade before the Palmetto
State looks at the iGaming issue.

Are Daily Fantasy Sports Legal in South Carolina?

According to Greeneville’s
WYFF Channel 4, daily fantasy sports (DFS) are legal in South Carolina.

Their opinion comes from Eighth Circuit Deputy Solicitor, Warren Mowry, who
believes that people are perfectly fine to play DFS.

“It’s legal until it’s declared otherwise,” said Mowry. “I have not heard of
any groundswell against it in South Carolina. I’m not sure how much energy there
is to do something about it.”

This opinion isn’t exactly advice from the state’s attorney general or
Supreme Court, but in the absence of either weighing in, industry leaders
DraftKings and FanDuel continue operating in the Palmetto State.

Rutherford’s legislation also seeks state voters’ opinion on standard sports
betting too. This activity is currently illegal in all but four states:
Delaware, Montana, Nevada and Oregon.

Why do Offshore Gaming Sites Continue Operating in South Carolina?

Offshore gambling sites normally operate in a state when the following two
conditions are present:

  1. There is no regulated iGaming market.
  2. There is no specific legislation banning online gambling.

Based on South Carolina’s strict gambling laws, we can assume that they don’t
allow offshore operators. With these conditions in place, gaming sites continue
to serve residents of the Palmetto State.

No serious movement has been initiated to either legalize or ban online
gambling. This means the status quo of offshore gaming is likely to continue for
years.

Will I be Sent to Jail for Playing Online Casino Games on Sunday?

South Carolina incorporates a strange religious law into section 16-19-70,
which you can read below:

“Whoever shall keep or suffer to be kept any gaming table or permit any game
or games to be played in his house on the Sabbath day, on conviction thereof
before any court having jurisdiction, shall be fined in the sum of fifty
dollars, to be sued for on behalf of, and to be recovered for the use of, the
State.”

In America, the Sabbath is considered Sunday. This means that if you’re
arrested for unlawful gambling on this day, you’re subject to an extra $50 fine.

This law was written at a time when $50 was worth far more to people. This
code shows just how deep South Carolina’s religious faith goes.

If you were to be arrested for Internet gambling on the Sabbath, then you’d
pay $50 on top of any other court-imposed fine. The key to remember is that
South Carolina hasn’t arrested anybody for Internet gambling.

Additional Resources

Below, you’ll find information on South Carolina’s gaming agencies and laws.


  • South Carolina Gambling Laws

    – This government page features South Carolina’s main gambling laws. It’s a
    great resource if you have questions beyond what we’ve covered.

  • South Carolina Department of Revenue

    – The State Department of Revenue handles all matters related to charity bingo.
    Their site covers a lot of ground, so we suggest using the search engine tool.

  • South Carolina Education Lottery

    – Established in 2000, the South Carolina Education Lottery handles in-state,
    multi-state and instant games.

The Future & Your Views

South Carolina only allows charitable bingo, a lottery and cruise ship
gambling in international waters. This makes them one of the toughest states
when it comes to gaming.

Given South Carolina’s current situation, we don’t see them legalizing online
gambling any time soon.

As covered before, they don’t have a commercial casino industry to supply the
online gaming. With commercial casinos being years away from being legalized and
built, the outcome for regulated iGaming is bleak.

Throw in the fact that South Carolina is a conservative state with laws
against gambling on Sunday, and you don’t have a great candidate for regulated
iGaming.

The only good news is that the Palmetto State isn’t actively seeking ways to
ban online gambling or arrest players, and there’s no current push to change
this stance either.

South

This means that you can continue playing at offshore casinos, poker room and
sports betting sites until South Carolina becomes more active on the matter.

Is Online Poker / Gambling Legal in South Carolina?

South Carolina is one of the most conservative states in the Union. Conservative government in the modern USA can mean a conservative approach to government, with few laws so the power of the state can never grow too much. Conservative governance can also mean an attempt to use state power to modify the behavior of citizens through morality laws, increasing the power of the state over people's lives, buying into the liberal idea that government power can be used for social engineering.

In the case of the South Carolina gambling laws, the latter, 'social conservation' interpretation is what hold sways. People don't want their neighbors to fall prey to the evils wrought by games of chance, so anti-gambling laws are put in force by the state. The State of South Carolina keeps matters simple, though, investing all power over gambling in the offices of the South Carolina Department of Revenue.

Playing Poker in South Carolina

South Carolina's gambling laws aren't very favorable to the gambler. And that trend continues when we consider the game of poker as viewed by South Carolina state law.

The primary strike against poker: State law clearly identifies the game as a form of gambling. If you look to South Carolina's definition of gambling in Section 16-19-40 (one of the longest of any U.S. state), you'll see that 'any game' played using 'cards' counts as gambling.

With poker treated as synonymous with gambling, our next task is to identify any legal gambling options under South Carolina that might encompass poker. That's a pretty simple task, insomuch that there are basically no clearly legal ways to play real-money poker in the state.

Commercial and tribal casinos don't operate any live poker rooms in South Carolina. There are charitable gambling exceptions written into the state law, but poker isn't among the activities permitted by said exceptions.

That leaves the lowly home game. Are social games of poker legal in South Carolina? Mix of news on this question, as the law itself doesn't offer a clear exception for social gambling. But state officials have stated publicly that prosecuting home poker games (where players have a genuine social connection) isn't of interest to them, so players wondering about the status of their Friday night poker game are left with a legal situation that is, at best, cloudy.

So does South Carolina outlaw all gambling?

The answer to that question is 'not entirely'. Charitable gaming for nonprofit organizations is legal, if you're licensed to run such games. Also, the definition of charitable gaming even allows certain types of gambling machines to be used. One news note mentions that gambling terminals are legal, if they don't give out more than $125 in prizes per day. These are only legal in limited situations, when associated with charitable gaming enterprises.

This wasn't always so. From 1975 until 2000, video poker machines were legal inside South Carolina. Since tougher laws went into effect in 2000, it's illegal to even own most video poker machines in South Carolina.

Learn About Other State Laws

South Carolina Casino Cruises

One other exception is made, though this skirts by on the technicality that these activities don't actually take place in the jurisdiction of South Carolina. I'm of course talking about the casino cruise, a feature of many southern states along the eastern seaboard who wouldn't allow a casino to be built in their state. Like Georgia next door, South Carolina has some nice seaside resort cities which give plenty of access to the Atlantic Ocean. So long as the casino cruise goes beyond the 3 mile limit, it's not considered illegal to host gambling.

Sports Gambling South Carolina

The Sun Cruz Casino is an example of one of these casino cruises. The Suncruz ship sets out from Myrtle Beach...