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Wyoming

  1. Definition of Gambling

    Wyoming applies a test of predominance in determine whether an activities constitutes gambling. Where chance plays a predominant factor in the outcome of the game then it will qualify as gambling. Gambling is defined as the "risking of any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking the risk has no control . . . ." Wyo. Stat. Ann. § 6-7-101 (2006). Wyoming"s statutory definition of gambling specifically excludes a variety of activities including bona fide contests of skill, speed, strength or endurance where the entrants are the only persons to receive awards; bona fide business transactions valid under contracts law; and other gambling transactions expressly authorized by Wyoming law. Id. Other forms of gambling expressly permitted by Wyoming law include raffles and bingo, wagering games that are incidental to social relationships, Calcutta wagering, and the display or use of antique gambling devices in a private residence. Id.

    An Attorney"s general opinion addressed whether an entity, other then a nonprofit or charitable organization was permitted, under the laws of Wyoming, to sell promotional game pieces that incorporated an element of chance. 1995 Op. Atty Gen. Wyo. 19. Due to the definitive authority found in 37 Gambling Devices v. State, holding that exceptions to criminal statutes governing gambling must be narrowly construed and only include those activities specifically mentioned, the AG"s opinion held that promotional games pieces possessing the element of chance can only be sold by nonprofit and charitable organizations. Id. In 37 Gambling Devices v. State, the court stated that "[t]he failure to establish the charitable or nonprofit character of the organization is fatal to any claim of exemption from the gambling laws of this state.” 694 P.2d 711, 715 (Wyo. 1985).

  1. Definition of Bookmaking

The portion of professional gambling defined as the "aiding or inducing [of] another to engage in gambling, with the intent to derive a profit therefrom” Id. serves to include the action of bookmaking. See Hobbs v. State, 757 P.2d 1008 (Wyo. 2006). In Hobbs, the definition of professional gambling was challenged on the grounds that it was constitutionally vague. Id. The court rejected the argument declaring that the definition of professional gambling when analyzed in the context of the statute in which it is found is not vague and would not preclude an ordinary person from comprehending that bookmaking is including within its meaning. Id. The Wyoming supreme court found "it inconceivable that appellant harbored any doubts or lacked fair warning that booking was encompassed within the statutory definition of professional gambling.” Id. at 1012.

  1. Specific Gaming Device Definitions

    A gambling device, under Wyoming statute is defined as "any device, machine, paraphernalia or equipment . . . used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine.” Wyo. Stat. Ann. § 6-7-101 (2006). An antique gambling device is excluded from the statutory definition of gambling device. Id. An antique gambling device is slot machine at least twenty five years old that is mechanically or electronically operated. Id. An antique gambling device can only be used for display or personal amusement in a private residence or for display in public and private museums or by a dealer of lawful gambling equipment. Id. Professional gambling as used in the definition of a gambling device includes "aiding or inducing person to engage in gambling, with the intent to derive profit . . .” Id. Professional gambling is also evidenced by the existence of "a lesser chance of losing or a greater chance of winning than one (1) or more of the other participants.” Id. The chance exists not due to skill or luck of the player. Id.In Wyoming Downs Rodeo Events, LLC v. State, the Wyoming supreme court was faced with the issue of whether an instant racing computerized system permitting pari-mutuel wagering on horse races having already occurred was a lawful gambling device. 134 P.3d 1223 (Wyo. 2006). The Wyoming supreme court, in reviewing the lower court decision, that the instant racing devices were used similar to a slot machine or other illegal gambling device. Id. at 1229. Using the language of the statute defining a gambling device in comparison to the description of the instant racing device found in it"s patent documents, it was held that the device was a prohibited gambling device under Wyoming law. Id. at 1230. In Fraternal Order of Eagles Sheridan Aerie No. 186, Inc. v. State, electronic gaming devices used to conduct versions of the game of bingo were held to be illegal gambling devices. 126 P.3d 847 (Wyo. 2006).An Attorney"s general opinion held that video pull-tab machines are illegal gambling devices under Wyoming law. 1995 Op. Atty Gen. Wyo. 17. The opinion, pointing out that pull-tabs are not defined by Wyoming statute, concluded that electronic gaming devices by any name (video poker, video pull-tab, video slots, etc.) have failed to be approved by Wyoming legislation in recent years. Id. The failed attempts to legalize electronic gaming devices, including video pull-tab machines, is indicative of the fact that this form of gambling will not be a part of Wyoming any time in the near future. Id.

  2. Bucket Shop Laws

    Wyoming does not have any statutory or case law governing bucket shop activities.

  3. Prohibition of Games of Skill

Wyoming excludes from the definition of gambling "any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling . . .” Wyo. Stat. Ann. § 6-7-101 (2006)

  1. Express Exemptions

    1. Calcutta Wagering

      Calcutta wagering is defined by the placement of a wager on the outcome of an event, where those who wager, bid for the exclusive right to purchase a particular entrant in the event. Wyo. Stat. Ann. § 6-7-101 (2006). The types of events wagering on in Calcutta include amateur contests, horse racing, dog sled racing, professional rodeo events and professional golf tournaments. Id. After the outcome of the event is determined the total wagers of the pool, less a percentage for administration of the event, are distributed to those who purchased winning entrants. Id.

      Calcutta wagering may be conducted by a "bona fide nationally charted veterans", religious, charitable, educational or fraternal organization or nonprofit local civic or service club organize or incorporated under the laws of [Wyoming].” Id. However, the event must be conducted within the boundaries of the state and all rules affecting the contest must be clearly posted for all participants to see. Id. The total payout to winning players of a Calcutta cannot exceed ninety percent of the total wagers and a minimum of ten percent of the total wagers must be donated to a bona fide charitable purpose. Id. The organization sponsoring a Calcutta must give thirty days written notice of the time and place of the event to the governing body of the jurisdiction in which the Calcutta will be conducted. Id.

    2. Bingo & Raffles

      Wyoming"s definition of gambling specifically excludes the conduct of raffles or bingo. Wyo. Stat. Ann. § 6-7-101 (2006). A charitable or nonprofit organization may conduct a raffle, bingo, or sale of pull tabs where the tickets "are sold only in this state and the pull tabs are sold only on the premises owned or occupied by the charitable organization or nonprofit organization.” Id. In Fraternal Order of Eagles Sheridan Aerie No. 186, Inc. v. State, electronic gaming devices were used to conduct versions of the game of bingo pursuant to Wyoming"s bingo exception. 126 P.3d 847 (Wyo. 2006). Because profits accrued from the operation of the electronic bingo games were shared with a for-profit organization the supreme court upheld the district court"s holding that the games were not solely conducted by nonprofit organizations and therefore did not qualify under the bingo exclusion found in section 6-7-101. Id.

    3. Pari-Mutuel Wagering

      Pari-Mutuel wagering is governed by the Pari-mutuel commission. Authorized pari-mutuel events include horse racing events such as quarter horse, thoroughbred, harness racing, cutter racing, chariot racing, chuckwagon racing and professional roping events. Wyo. Stat. Ann. § 11-25-102 (2006). Simulcast dog racing is also an authorized pari-mutuel event. Id. Pari-mutuel wagering may be conducted on any authorized pari-mutuel event whereby a participant places a wager on the outcome of the event by purchase a ticket on an entrant for various denominations. Id. All wagers on an event are placed in a pool and once the outcome of the event is determined the wagers are distributed to those placing winning wagers. Id. The permit holder of the event must retain a minimum of 25.90% of the wager pool accumulated in a live racing event. Id. In simulcast racing events the permit holder must keep the lesser of the percentage allowed by the host track or 35%. Id. Simulcasting is permitted in Wyoming on both interstate and intrastate authorized pari-mutuel events. Id.

      In order to conduct a pari-mutuel event under this provision application for a permit from the commission must be made. Wyo. Stat. Ann. § 11-25-105 (2006). The commission may determine the length of time that a permit will be valid, but not to exceed one year. Id. Permits may be issued to a Wyoming county, city, incorporated town, county fair board, corporation or association that is approved by the board of county commissioners. Id.

      Wyoming authorized advance deposit pari-mutuel wagering which allows a person to open an account with a licensee for placement of wagers in person, electronically or by telephone. Wyo. Stat. Ann. § 11-25-102 (2006). However, in permitting this type of wagering certain restrictions have been put in place by the commission. Wagers may only be placed by the person owning the account and methods and technology must be used in order to ensure proper identification of the account owner. Wyo. Stat. Ann. § 11-25-105 (2006). At the request of the commission, the licensee must "[p]rovide a full account and verification of the sources of wagers . . .” Id. Also, minors are not allowed to open or have access to an account for advance deposit pari-mutuel wagering and a statement to that effect must be contained in all forms of advertising by the licensee for advance deposit pari-mutuel wagering accounts. Id.

      Conducting of a pari-mutuel event without a permit in violation of this act is a misdemeanor. Any person, corporation or association found in violation of this provision may be fined in an amount not to exceed ten thousand dollars, imprisoned for not more than six months, or both. Wyo. Stat. Ann. § 11-25-112 (2006).

      In Wyoming Downs Rodeo Events, LLC v. State, the Wyoming supreme court held that the Pari-mutuel Commission did not have the authority to promulgate rules or regulations governing instant racing gambling devices. 134 P.3d 1223 (Wyo. 2006).

    4. Promotional Advertising of Prizes

      Under this section prizes may be awarded by sponsors provided certain conditions and requirements are satisfied. A prize, as defined by this section, is "a gift, award or other item or service of value . . . .” Wyo. Stat. Ann. § 40-12-201 (2006). The sponsor of a prize may utilize a solicitor as a representative to notify an individual that are or may become eligible to receive a prize. Id. The notice of a prize must be given to an individual in Wyoming, and the notice must contain "a representation that the individual has been selected or may be eligible to receive a prize.” Id. The notice must also indicate that receipt of a prize is conditioned on payment from the individual or requires the individual to contact the sponsor to learn how to receive more information about the notice or about receiving the prize. Id. Notice, as defined by this section, does not include notification of an individual that they have been awarded a prize as the result of prior entry in a game, drawing or sweepstakes where the prize was already stated on the entry form. Id.

      A prize notice must be written and contain the following information:

      • Name and address of the solicitor and sponsor;
      • Verifiable retail value of each prize the individual has been selected or may be eligible to receive;
      • If the notice lists more than one prize that the individual may receive, there must also be a statement of the odds the individual has of receiving each prize;
      • If there is a requirement or invitation for the individual to view a sales presentation in order to claim the prize, then the approximate length and subject of the sales presentation must be set forth;
      • Any requirement of the individual to pay shipping or handling fees or other changes to obtain the prize;
      • A statement that the prize is subject to a restriction, if it so applies;
      • Limitations on eligibility. Wyo. Stat. Ann. § 40-12-203 (2006).

  2. Specific Internet Prohibition

    Wyoming does not have any statutory or case law governing internet gambling activities.

  3. Penalties for Unlawful Gambling/Gaming Crimes

    1. Misdemeanor

    A person is guilty of committing a misdemeanor by engaging in gambling. Wyo. Stat. Ann. § 6-7-102 (2006). The punishment for this crime is imprisonment of not more than six months, a fine not to exceed $750, or both. Id.

    1. Felony

    Engaging in professional gambling is punished as a felony. Wyo. Stat. Ann. § 6-7-102 (2006). Commission of this crime is punishable by imprisonment not to exceed three years, a fine not to exceed $3,000, or both. Id.

    1. Gambling Prohibited

    Gambling if any form is prohibited within Wyoming"s Hot Springs State Park. Wyo. Stat. Ann. § 36-8-314 (2006). Violation of this provision of the Wyoming Statutes is sufficient ground for cancellation of the lease of any violator as well as expulsion from the park and another other penalty prescribed by Wyoming law. Id.

    Gambling devices are not permitted to be operated on State fair grounds and unlawful betting is prohibited. Wyo. Stat. Ann. § 11-10-107 (2006).

  4. Statute of Anne/Recovery of Debts

    Pursuant to Wyoming law all gambling contracts are void. An agreement, conveyance, promise or contract of any nature that is made with consideration, in whole or in part based on something of value won from gambling, playing cards, operating a gambling device, playing a game of chance, or betting on the hands of an other person is "utterly void and of no effect.” Wyo. Stat. Ann. § 1-23-106 (2006). Under Wyoming law, "the rule is well settled that even though gambling may be allowed and carried on without any criminal violation of the law or criminal responsibility, a gambling debt is unenforceable . . . .” Williams v. Weber Mason Ditch Extension Co. Inc., 572 P.2d 412, 414 (Wyo. 1977). This statutory section is based on the policy that bets and wagers are against human welfare and should not be encouraged. Id.