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Federal law dictates that the act of placing bets or wagers on games of chance or future events is within a US citizen’s right, even if the facilitation of illicit gambling is a very serious crime. Most of the 50 states in the union, including West Virginia, use this as a solid template from which to write and enforce their own laws regarding gambling.
Legality of Gambling in West Virginia
Unlike federal law, West Virginia gambling laws takes the time to define and outline a punishment for unregulated gambling, technically making the act against the law. Chapter 61-10-4 of West Virginia law defines the act of “playing or betting” on any popular casino games or future events as a misdemeanor. That’s all the bad news. If one were to be convicted of this crime, the punishment is a fine that ranges from $5 to $100 and up to one year of probation.
At this point, one may be wondering what the point of even trying a crime with such a trivial punishment is, since in barely even accounts to a traffic ticket. That’s the good news. This is an obviously antiquated law which only helps confirm what anyone who peruses the history of arrests in the Mountaineer State will surely suspect: this is not a law that is even enforced in West Virginia anymore. It’s important to understand that the spirit and intent of the law was, is, and always has been to break up large, organized crime syndicates and not to punish otherwise honest residents who merely wish to place a bet. This is why upon inspection of arrests in West Virginia, one will find that no one has ever been arrested and brought up on charges merely for the act of gambling.
However, this does not mean that all gambling activity in West Virginia will go unnoticed or unpursued by state law enforcement agencies. Residents need to take special care not to “keep” and gambling devices on their premises or operate them, because this is a serious crime in the eyes of the law. Not only is it highly likely to be discovered and prosecuted, but the penalties for these crimes are much steeper. In accordance chapter 61-10-1, while the crime is still a misdemeanor, it is punishable by 2-12 months in jail and a fine of up to $1000. While this is not as steep a punishment as is found in some states, it should still be avoided at all potential costs.