Indiana criminal charge
Unlawful gambling in Indiana
Unlawful gambling is a criminal offense under Indiana law, defined by Ind. Code § 35-45-5-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-5-2.
What is the penalty for unlawful gambling in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Unlawful gambling — general — Applies to unlawful gambling in general, except as provided in subsection (c).) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Unlawful gambling — general — Applies to unlawful gambling in general, except as provided in subsection (c).) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | 6 months to 30 months (Unlawful gambling — Internet operator — Applies when an operator knowingly or intentionally uses the Internet to engage in unlawful gambling in Indiana or with a person located in Indiana.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Unlawful gambling — Internet operator — Applies when an operator knowingly or intentionally uses the Internet to engage in unlawful gambling in Indiana or with a person located in Indiana.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is unlawful gambling classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful gambling — general | Class B Misdemeanor | Applies to unlawful gambling in general, except as provided in subsection (c). | Ind. Code § 35-45-5-2(b) |
| Unlawful gambling — Internet operator | Level 6 Felony | Applies when an operator knowingly or intentionally uses the Internet to engage in unlawful gambling in Indiana or with a person located in Indiana. | Ind. Code § 35-45-5-2(c) |
Common questions about unlawful gambling in Indiana
Is unlawful gambling a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful gambling ranges from a Class B Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-5-2.
Unlawful gambling — general: Class B Misdemeanor (Ind. Code § 35-45-5-2(b)) · Unlawful gambling — Internet operator: Level 6 Felony (Ind. Code § 35-45-5-2(c))
What are the penalties for unlawful gambling in Indiana?
Which Indiana statute covers unlawful gambling?
Unlawful gambling is governed by Ind. Code § 35-45-5-2 (Unlawful gambling).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.