There are a few federal laws in place across the entire nation that influence gambling in general but most recreational gamblers do not feel an effect from these national legislations. While the federal template put in place does affect the venues which are purveyors of gambling everywhere in the country, there is much room available for each state to make its own decisions when it comes to regulating the gambling industry.
Wisconsin is one such state that has expanded upon national policies and any one in the Badger state who is looking to place a bet in a game of chance or skill will be wise to brush up on their local legalese before doing so. This page is here to outline some of the more notable points from the Wisconsin State Constitution when it comes to gambling so that gamblers may inform themselves on where and how to bet safely and legally under the rule of law, especially using offshore sites which is a legit form of legal Wisconsin gambling.
While the federal laws are quite clear that the business of gambling is illegal, state laws in Wisconsin may be a little more difficult to navigate through the state constitution. In essence, they follow closely to the framework laid out by the federal government.
945.01(1)- Makes clear definition of the term 'bet'. In short, any time one party stands to gain or lose something of value, based upon either skill or chance, is considered to be a 'bet' with the exception of a few circumstances...
945.01(1)(a), (b), (c), (d), (e), (f) - Throughout the gambling legislation in the state constitution, it makes exceptions for pari-mutuel betting such as horse and greyhound tracks as well as charitable games such as Bingo. Wisconsin also hosts a state lottery. All of these instances are exempt from the terms ‘Bet’ and ‘Commercial Gambling’.
945.02 - Sets punishment for parties non-exempt from 945.01 which is a class B misdemeanor in accordance with the letter of the law. However, more important than the exact terminology of the law is the law’s spirit. We believe that the fact no Wisconsin residents has ever been prosecuted for “betting” in their home state outside of an illicit speaks volumes about the state’s current and truer attitude towards gambling. As long as a player avoids illicit gambling operations, they are safe from prosecution.
945.01(2 )- As is the case with federal laws, Wisconsin law strictly forbids engaging in the business of wagers on athletic, or skill related events. Bookmaking constitutes commercial gambling in the Badger State and will result in the same Class I felony with a $10,000 fine and prison time up to 3 ½ years.
945.03 - "Commercial Gambling” in the state of Wisconsin follows suit precisely with federal laws in that the business of gambling is strictly forbidden. This act results in a $10,000 fine and up to 3 ½ years’ imprisonment.
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Wire Act – The few federal laws, which encompass the whole country, stand to curb corruption and put a stop in organized crime. None so much is as important perhaps as the Federal Wire Act passed in 1961. This law was the first sweeping measure to combat illicit activities by nefarious organizations by outlawing interstate transmissions of gambling information. Its target is the facilitators of betting and not the mere participants of gambling as it did not make the simple act of placing a bet illegal. Modern interpretation of the Wire Act includes the internet as a device to transmit gambling information and those who try to operate an online gambling site are in violation of this law.
PASPA – The Professional and Amateur Sports Protection Act (PASPA) is another important federal measure, which passed in 1992 specifically to cut out corruption found in sports betting. This act essentially made it illegal to bet on sports in any land-based or online entity within the United States. Only a few exceptions such as land-based sportsbooks in Las Vegas were granted during the creation of this law. While the law still targets the business of betting, bettors do not face prosecution for the act of placing a bet but they will be hard-pressed to find a venue to do so.
UIGEA – Also among the federal gambling laws holding an impact is the Unlawful Internet Gambling Enforcement Act (UIGEA) which affects financial transactions regarding online gambling. Again, this targets an online gambling business and not the average citizen looking to wager. This act prevents any domestic entity from electronically receiving or sending funds related to any form of gambling.
The legal gambling age in the state of Wisconsin is set at 18 years of age or older for any of the state licensed facilities where gambling is legal and regulated. However, some casinos may have their own age restrictions in place set to 21 years or older. For all those in the Badger state who wish to gamble online, they are legally able to do so if aged 18 years or older.
Gambling may not have a favorable view under Wisconsin state law however; the regulations in place throughout America’s Dairy Land are lax when compared with other states. If recreational gamblers refrain from operating their own gambling businesses, are of legal age and only gamble in state licensed facilities or exempt establishments such as a Native American Tribal Casino, residents will be within the rule of law. As there is no mention of the internet in Wisconsin’s legislation, the door is left wide open for bettors to wager online if the site is located outside of both federal and state jurisdictions.
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