Nebraska Gambling Code + Betting Statutes
If one were to take a survey of people they met in the street, most of them will confess to having a very strong to passing interest in gambling, whether regularly or sporadically. In a strange turn of events, very few of these citizens actually follow through and find ways to gamble. This rings true in the Cornhusker State as Nebraska gambling laws are mostly mis-understood.
Upon further analysis, most of those who confess to having an interest in gambling without having ever participated do not or have not done so because they believe that any gambling infraction will land them in jail, or that they can be prosecuted for even betting a couple dollars on a quick card game. The purpose of this webpage is to help dispel these and all other popular, false rumors.
Federal law, while strictly prohibiting the facilitation of illicit gambling, does not actually have anything to say regarding the actual act of betting or wagering, leaving it up to each individual state to decide whether or not these actions shall be unlawful. While most states in the union use this as a template as to how their policy will shake out, Nebraska actually seems to press a carbon copy to their state constitution.
The duration of this webpage will guide Nebraska residents, in great detail, through all the legislation in their home state regarding gambling, as well as provide some sound advice as to the safest ways to go about participating in it. Upon reading this document, a prospective gambler in Nebraska should have no trouble at all carrying on in a manner that is safe from both prosecution and to their own personal finances.
The Legality of Nebraska Gambling
For those who have never looked into or researched the Nebraska gambling laws, there is good news! The act of placing bets or wagers in Nebraska is not actually unlawful. Although chapter 28-1101 section 4 of state legislation defines “gambling” as when one “bets something of value upon the outcome of a future event, which outcome is determined by an element of chance.” Although this would seem to be an all-inclusive definition that applies to casino games, poker and sports betting, the law does not go on to criminalize the act or define any punishments. In fact, chapter 28-1112 states that if a defendant can prove they are merely a player in any gambling event, that this can be an affirmative defense in the eyes of the court.
However, just because the state of Nebraska takes such a lenient stance on participants in gambling, this does not mean that the stat is a free-for-all when it comes to all gambling activity. Residents of Nebraska must be careful not to take part in “Promoting Gambling.”
This is a serious crime in the state of Nebraska, and has varying degrees of punishments. As is outlined in chapter 28-1102 of Nebraska state code, if one promotes gambling where the value of the bets is less than $300, they are only guilty of promoting gambling in the third degree. This is a class IV misdemeanor, and while the offense will not yield any jail time, the perpetrator could be fined anywhere from $100-$500. This would be the same offense as if they harassed a police horse. Promoting gambling in the second degree constitutes bets ranging from $300-$1000. This is a class II misdemeanor according to Nebraska, and can land a guilty party in jail for six months as well as have them paying a fine of up to $1000. Promoting gambling in the first degree constitutes all gambling events where the value of all bets exceeds $1000 and is good for a class I misdemeanor on the first offense. The year of jail time and $1000 fine may seem bad enough, but a second offense will net a Nebraska residents a class IV felony charge which is good for five years and prison and a fine of $10,000. All subsequent offenses will be a class III felony, which can get an offender hit with a $25,000 fine. That should be plenty to think about while they serve their prison term of up to 20 years.
Aside from the steep penalties associated with the crimes, as most Nebraska residents already know, felony charges to not go away, and even after a debt to society is paid off, they can go on to impact the rest of a criminal offender’s natural life.
Gambling vs. Promoting Gambling: What's The Difference?
Fortunately for those in Nebraska interested in gambling, there is a stark comparison to participating in gambling as a player, which is not a criminal act in Nebraska, and “Promoting” gambling.
In its most obvious terms, it can be broken down in a simple example. Gambling takes at least two parties, one to have an interest in placing a bet as well as some money to lay down on it, and another party to take that bet. The latter of these two may be guilty of “promoting gambling,” whether they are taking that bet as the “house” in an illicit casino or taking up a bet on a future event, like a political election or sports match.
However, this does not mean that anyone hosting a poker game in the privacy of their own home or throwing a couple bucks with their favorite uncle down on the Super Bowl is guilty of a serious crime and will be prosecuted, there is one more important distinction between the two acts: the guilty party must also profit from the gambling event.
To be clear, “profiting” from gambling does not mean that one made smart bets throughout the evening and came out ahead once the cards were packed away, it means that they put themselves in a position to turn a profit regardless of whether they places any bets or not. Some popular means of profiting from gambling include (but are not limited to) charging admission just for the privilege to play in a game of chance or skill, playing any traditional casino games as the “house,” who by definition always has the best chance of winning, collecting a small percentage of each pot in a poker game, (this is often referred to as a “rake”) or by operating a sportsbook in which the guilty party assumes responsibility for collecting money and using it to pay out winning bets and keeping the money associated with losing bets, often taking a cut in the process.
Just so long as a resident of Nebraska avoids these specific actions, all gambling activity in the state should go unheralded and will pass in a completely lawful manner according to Nebraska gambling laws.
Betting Laws In Nebraska
Nebraska Sports Betting Laws
Back in 1992, the federal government passed the Professional and Amateur Sports Protection Act, which effectively banned the facilitation of sports betting in all but four states who were grandfathered an exception to the law. Unfortunately, Nebraska was not one of these four states and therefore there cannot, as long as the PASPA still stands, ever be a land based sports betting facility sanctioned within the state. This means that any land based sportsbooks a Nebraska resident finds are completely illicit and unsafe.
For this reason, many Cornhuskers fans have turned to legal online sportsbooks for all of their betting needs. Since these sportsbooks are based overseas, they are not susceptible to Nebraska or even US jurisdiction and they are certified by legitimate international gaming commissions. This provides a safe and viable alternative to criminal sportsbooks in the state of Nebraska.
Nebraska Casino Gaming Laws
Although Nebraska has not criminalized the act of gambling, they have also not sanctioned the facilitation of any. In the entire state of Nebraska, there is not a single land based casino to be found, nary even one slot machine operated by a legal business. While some states that do not sanction gambling get lucky through the Indian Gaming Act which may allow for a tribal casino to be built in the state, Nebraska residents are in no such luck.
This, again, has led many residents to turn to legal online casinos to fulfill their gambling needs rather than land based facilities.
Nebraska Poker Laws
Many states that have no sanctioned gambling facilities often include legislation that grants an exception to poker games from falling under the standard definition of gambling. Nebraska does no such thing, meaning that in addition to the lack of any casinos in the state, there are not any standalone poker rooms either.
Luckily, this has not violated the sanctity of the home game. Whether via a private game with friends or the use of the internet, Nebraska residents are free to spend a Friday night in with a couple beers playing cards, just so long as in the event of a home game, the hose is careful not to do anything that can be construed as profiting from the game.
Legal Betting Age In Nebraska: What's The Age To Gamble?
While there may not be anywhere inside the state of Nebraska to gamble on land, the state takes an incredibly lenient attitude towards the act of betting and wagering. Of course, if a resident is presumptuous enough to attempt to gamble underage, all of this leeway will be granted for naught.
Nebraska gambling laws set the legal age to gamble in Nebraska at 21, and all those caught gambling before they reach that age could face steep legal fines as well as even jail time. There are a few things in life worth waiting for, and one of them is certainly the ability to gamble with no fear of legal repercussions: the best advice for underage gamblers? Just wait it out.
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General |
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Lottery |
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Casinos |
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Poker |
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Pari-Mutuel |
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Bingo |
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Where Nebraska Residents Can Legally Gamble:
On-Land:
Unfortunately for the soul who was transplanted into Nebraska for work or family who just loves gambling in land based casinos, there are no real viable options in Nebraska. Even though the lack of any legal facilities surely means an increased presence of illegal ones, no self-respecting cornhusker should be caught dead gambling with any of these establishments. For face-to-face gaming action, Nebraska residents are restricted to their like-minded social circles.
Online/Web-Based:
Although this page has already alluded to legal gambling sites for Nebraska residents, careful readers may be wondering how in state that does not sanction the facilitation of gambling in any way these websites are able to operate and serve US citizens. The answer is simple: geography. All of these gambling networks have been established and are operated overseas, meaning they are well outside of not only Nebraska but US jurisdiction in general. Since it’s been well established that Nebraska residents are not violating any laws by merely participating in gambling and that these websites are legal establishments, it’s easy to see that the state of Nebraska has a few perfectly legal betting options on its hands.
While the prospect of gambling with an international business can make some people nervous, there is no need to fret as the benefits of gambling with a legal overseas business are twofold. Firstly, there is obviously no threat of the federal government shutting them down and all the funds being seized, so there will never be a “Black Friday” scenario for any residents who use these networks. Secondly, in order to operate legally, these websites must maintain certifications from reputable international gaming commissions. This means that not only is every player guaranteed fair play from all the games available on a gambling site, but that payouts are verified as speedy, efficient, and fair.
Nebraska Gambling Sites That Can Be Trusted
Bovada Sportsbook
Voted #1 All-Inclusive Nebraska Betting Site
We have searched far and wide for the best Nebraska gambling site, and it turns out we should have just stopped ponce we reached Bovada, because nothing comes close to topping it. We’re not the only ones who have noticed, either. This legal online gambling network has a customer endorsement list a mile long, as well as partnerships with American media giants like CBS and FOX. We’re sure that once you visit them, you’ll join Bovada’s long list of admirers as well.
Whether you’re looking for the best sportsbook in the world, a high quality poker room, or even a varied and diverse casino, you’ll find it all under one roof, available for you when and wherever you want thanks to their top notch mobile betting app. Now, trips to the doctor’s office or DMV can feel completely different as long as you have a phone signal – in fact, if you get on a hot streak, you just may start hoping for the old woman at the front of the counter to attempt to pay from her penny jar so you can get more time playing the odds.
Full List of Nebraska Online Gambling Sites
Disclaimer - How To Get More Help
We here at NebraskaGamblingLaws.com are not lawyers, so while we are confident that all the information about Nebraska gambling laws presented on this page is correct, it cannot be considered a legal consult. Further questions should be directed towards a legal professional. A final option would be to turn to the Nebraska legislature at nebraskalegislature.gov in order to read the full language of the Nebraska gambling laws and interpret them for yourself.