Idaho Code

Idaho Code § 18-3802 (2026)

Gambling prohibited.

✓ current as of May 2026

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Gambling prohibited.

(1) A person is guilty of gambling if he:

(a) Participates in gambling; or

(b) Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part.

(2) Gambling is a misdemeanor.

Notes of Decisions

Cited in 4 cases, 1994–2012 · leading case: State v. Manzanares, 272 P.3d 382 (Idaho 2012).

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State v. Manzanares, 272 P.3d 382 (Idaho 2012). · cites it 4× “-2202, Idaho Code; (j) Theft, as provided in sections 18-2401 and 18-2403, Idaho Code; (k) Evidence falsified or concealed and witnesses intimidated or bribed, as provided in sections 18-2601 through 18-2606, Idaho Code; (l) Forgery and counterfeiting, as provided in sections…”

Mds Investments, LLC v. State, 65 P.3d 197 (Idaho 2003). · cites it 4× “I.C. § 18-3802 makes participating in, or knowingly permitting gambling upon one's property, a misdemeanor.”

Coeur D'Alene Tribe v. State, 842 F. Supp. 1268 (D. Idaho 1994). · cites it 2× “Accordingly, Idaho Code § 18-3802 provides that those who engage in gambling (other than participation in the three exceptions allowed under the Idaho Constitution) shall be guilty of a misdemeanor.”

State v. Haley, 924 P.2d 234 (Idaho Ct. App. 1996). · cites it 2× “2d 417, 420 (1979), quoting I.C. § 18-3802. Hence the question before this Court is whether the evidence presented at trial was sufficient to meet the test set forth in McNary .”

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