Utah criminal charge
Participating in gambling in Utah
Participating in gambling is a criminal offense under Utah law, defined by Utah Code Ann. § 76-9-1402. Its classification is not fixed: Utah 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 Utah Code Ann. § 76-9-1402.
What is the penalty for participating in gambling in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Participating in gambling — first offense — Applies to a violation of Subsection (2) except where the actor has a prior conviction under that subsection.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Participating in gambling — first offense — Applies to a violation of Subsection (2) except where the actor has a prior conviction under that subsection.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Participating in gambling — subsequent offense — Applies to a violation of Subsection (2) when the actor has previously been convicted of a violation of Subsection (2).; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Participating in gambling — subsequent offense — Applies to a violation of Subsection (2) when the actor has previously been convicted of a violation of Subsection (2).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is participating in gambling classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Participating in gambling — first offense | Class B Misdemeanor | Applies to a violation of Subsection (2) except where the actor has a prior conviction under that subsection. | Utah Code Ann. § 76-9-1402(3)(a) |
| Participating in gambling — subsequent offense | Class A Misdemeanor | Applies to a violation of Subsection (2) when the actor has previously been convicted of a violation of Subsection (2). | Utah Code Ann. § 76-9-1402(3)(b) |
Common questions about participating in gambling in Utah
Is participating in gambling a felony or a misdemeanor in Utah?
It depends on the circumstances: participating in gambling ranges from a Class B Misdemeanor to a Class A Misdemeanor in Utah under Utah Code Ann. § 76-9-1402.
Participating in gambling — first offense: Class B Misdemeanor (Utah Code Ann. § 76-9-1402(3)(a)) · Participating in gambling — subsequent offense: Class A Misdemeanor (Utah Code Ann. § 76-9-1402(3)(b))
What are the penalties for participating in gambling in Utah?
Penalties for participating in gambling in Utah depend on how it is classified — from a Class B Misdemeanor up to a Class A Misdemeanor — with the ranges set by Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers participating in gambling?
Participating in gambling is governed by Utah Code Ann. § 76-9-1402 (Participating in 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.