ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/28-1 (2026)

Gambling

✓ current as of May 2026
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(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
    Sec. 28-1. Gambling.
    (a) A person commits gambling when he or she:
        (1) knowingly plays a game of chance or skill for
    
money or other thing of value, unless excepted in subsection (b) of this Section;
        (2) knowingly makes a wager upon the result of any
    
game, contest, or any political nomination, appointment or election;
        (3) knowingly operates, keeps, owns, uses, purchases,
    
exhibits, rents, sells, bargains for the sale or lease of, manufactures or distributes any gambling device;
        (4) contracts to have or give himself or herself or
    
another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said Section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this paragraph (4);
        (5) knowingly owns or possesses any book, instrument
    
or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he has received in the course of a bet or wager;
        (6) knowingly sells pools upon the result of any game
    
or contest of skill or chance, political nomination, appointment or election;
        (7) knowingly sets up or promotes any lottery or
    
sells, offers to sell or transfers any ticket or share for any lottery;
        (8) knowingly sets up or promotes any policy game or
    
sells, offers to sell or knowingly possesses or transfers any policy ticket, slip, record, document or other similar device;
        (9) knowingly drafts, prints or publishes any lottery
    
ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
        (10) knowingly advertises any lottery or policy game,
    
except for such activity related to lotteries, bingo games and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
        (11) knowingly transmits information as to wagers,
    
betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this subdivision (11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
        (12) knowingly establishes, maintains, or operates an
    
Internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the Internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the Internet. This item (12) does not apply to activities referenced in items (6), (6.1), (8), (8.1), and (15) of subsection (b) of this Section.
    (b) Participants in any of the following activities shall not be convicted of gambling:
        (1) Agreements to compensate for loss caused by the
    
happening of chance including without limitation contracts of indemnity or guaranty and life or health or accident insurance.
        (2) Offers of prizes, award or compensation to the
    
actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest.
        (3) Pari-mutuel betting as authorized by the law of
    
this State.
        (4) Manufacture of gambling devices, including the
    
acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act, by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act.
        (5) The game commonly known as "bingo", when
    
conducted in accordance with the Bingo License and Tax Act.
        (6) Lotteries when conducted by the State of Illinois
    
in accordance with the Illinois Lottery Law. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules.
        (6.1) The purchase of lottery tickets through the
    
Internet for a lottery conducted by the State of Illinois under the program established in Section 7.12 of the Illinois Lottery Law.
        (7) Possession of an antique slot machine that is
    
neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this subparagraph (b)(7), an antique slot machine is one manufactured 25 years ago or earlier.
        (8) Raffles and poker runs when conducted in
    
accordance with the Raffles and Poker Runs Act.
        (8.1) The purchase of raffle chances for a raffle
    
conducted in accordance with the Raffles and Poker Runs Act.
        (9) Charitable games when conducted in accordance
    
with the Charitable Games Act.
        (10) Pull tabs and jar games when conducted under the
    
Illinois Pull Tabs and Jar Games Act.
        (11) Gambling games when authorized by the Illinois
    
Gambling Act.
        (12) Video gaming terminal games at a licensed
    
establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act.
        (13) Games of skill or chance where money or other
    
things of value can be won but no payment or purchase is required to participate.
        (14) Savings promotion raffles authorized under
    
Section 5g of the Illinois Banking Act, Section 7008 of the Savings Bank Act, Section 42.7 of the Illinois Credit Union Act, Section 5136B of the National Bank Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
        (15) Sports wagering when conducted in accordance
    
with the Sports Wagering Act.
    (c) Sentence.
    Gambling is a Class A misdemeanor. A second or subsequent conviction under subsections (a)(3) through (a)(12), is a Class 4 felony.
    (d) Circumstantial evidence.
    In prosecutions under this Section circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

    
Notes of Decisions
Cited in 22 cases (8 in the last 5 years), 1994–2026 · leading case: Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020).
Sort: Relevance Newest Treatment
Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020). · cites it 2× “” 720 ILCS 5/28-1(a)(2), (6), (7), (9), (10), (12) (West 2014).”
United States v. David Lanzotti, Connie L. Hughes, Kenneth W. Smith, Mary Freeman, & Allstar Music, Inc., 90 F.3d 1217 (7th Cir. 1996). · cites it 4× “11 Indeed, the district court believed that the evidence against the defendants was “overwhelming” to support a conviction under either subsection.”
People v. Jameson, 642 N.E.2d 1207 (Ill. 1994). “720 ILCS 5/28-1(c): Gambling—second conviction elevates the offense from a Class A misdemeanor to a Class 4 felony.”
Wirtz v. Quinn, 2011 IL 111903 (Ill. 2011). “¶ 30 Section 960 amends the Criminal Code of 1961 ( 720 ILCS 5/28-1 et seq. (West 2008)) to provide that the criminal offenses of gambling and syndicated gambling do not include the manufacture, distribution, or possession of video gaming terminals by licensed individuals;…”
Wirtz v. Quinn, 953 N.E.2d 899 (Ill. 2011). “¶ 30 Section 960 amends the Criminal Code of 1961 (720 ILCS 5/28-1 et seq. (West 2008)) to provide that the criminal offenses of gambling and syndicated gambling do not include the manufacture, distribution, or possession of video gaming terminals by licensed individuals;…”
Moushon v. AAA Amusement, Inc., 641 N.E.2d 1201 (Ill. App. Ct. 1994). · cites it 5× “The Franks have appealed, maintaining (1) article 28 of the Code (720 ILCS 5/28-1 through 28-9 (West 1992)) violates Federal and State constitutional provisions; (2) the evidence did not support the verdict; (3) the circuit court erred in instructing the jury on the damages and…”
Dotty's Cafe v. Illinois Gaming Bd., 2019 IL App (1st) 173207 (Ill. App. Ct. 2019). “See 720 ILCS 5/28-1 (West 2016). But over the years, Illinois has legalized some forms of gambling.”
People v. White, 2021 IL App (1st) 191095 (Ill. App. Ct. 2021). “¶ 24 Here, Forbes testified that he saw defendant gambling on the sidewalk, which is illegal under section 28-1 of the Criminal Code of 2012 (720 ILCS 5/28-1 (West 2018)). Forbes then saw defendant, upon noticing the officers, shift a bag around his shoulder to his front,…”
Kelly Sonnenberg v. Amaya Grp. Holdings (IOM) Ltd, 810 F.3d 509 (7th Cir. 2016). “Faced with this barrier to their claims under the Loss Recovery Act, the plaintiffs ask us to read a civil cause of action into the criminal provisions aimed at the owners and operators of illegal sites— a civil cause that would entitle the plaintiffs to damages measured by…”
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016). “…$445.00. . The statute provides numerous other definitions of gambling, none of which is relevant to this case. See 720 ILCS 5/28-1 (a)(2)-(8).”
People v. Gray, 2025 IL App (1st) 191086-B (Ill. App. Ct. 2025). “However, there are many felony offenses that are nonviolent, including unlawful or syndicated gambling (720 ILCS 5/28-1(c), 28-1.1(f) (West 2022)), bribery (id.”
Boom Town Saloon, Inc. v. City of Chicago, 892 N.E.2d 1112 (Ill. App. Ct. 2008). “The charges involved three sections of the Criminal Code of 1961 (720 ILCS 5/28-1(a)(3), 28-3, 37-1 (West 2004)), and two sections of the Chicago Municipal Code (Chicago Municipal Code §§ 8-12-010, 8-12-030 (1990)).”
Show all 22 citing cases →
— 720 ILCS 5/28-1(a) — 1 case
Moushon v. AAA Amusement, Inc., 641 N.E.2d 1201 (Ill. App. Ct. 1994). “The Franks have appealed, maintaining (1) article 28 of the Code (720 ILCS 5/28-1 through 28-9 (West 1992)) violates Federal and State constitutional provisions; (2) the evidence did not support the verdict; (3) the circuit court erred in instructing the jury on the damages and…”
— 720 ILCS 5/28-1(a)(1) — 2 cases
United States v. David Lanzotti, Connie L. Hughes, Kenneth W. Smith, Mary Freeman, & Allstar Music, Inc., 90 F.3d 1217 (7th Cir. 1996). “11 Indeed, the district court believed that the evidence against the defendants was “overwhelming” to support a conviction under either subsection.”
Piaskowski, Michael v. Bett, John (7th Cir. 2001).
— 720 ILCS 5/28-1(a)(2) — 1 case
Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020). “” 720 ILCS 5/28-1(a)(2), (6), (7), (9), (10), (12) (West 2014).”
— 720 ILCS 5/28-1(a)(3) — 2 cases
Boom Town Saloon, Inc. v. City of Chicago, 892 N.E.2d 1112 (Ill. App. Ct. 2008). “The charges involved three sections of the Criminal Code of 1961 (720 ILCS 5/28-1(a)(3), 28-3, 37-1 (West 2004)), and two sections of the Chicago Municipal Code (Chicago Municipal Code §§ 8-12-010, 8-12-030 (1990)).”
Boom Town Saloon, Inc. v. City of Chicago (Ill. App. Ct. 2008).
— 720 ILCS 5/28-1(b) — 3 cases
Dew-Becker v. Wu, 2018 IL App (1st) 171675 (Ill. App. Ct. 2018).
Moushon v. AAA Amusement, Inc., 641 N.E.2d 1201 (Ill. App. Ct. 1994). “The Franks have appealed, maintaining (1) article 28 of the Code (720 ILCS 5/28-1 through 28-9 (West 1992)) violates Federal and State constitutional provisions; (2) the evidence did not support the verdict; (3) the circuit court erred in instructing the jury on the damages and…”
People v. Hill (Ill. App. Ct. 2026).
— 720 ILCS 5/28-1(b)(13) — 1 case
Clair v. Vill. of Hanover Park, 2021 IL App (1st) 190515-U (Ill. App. Ct. 2021).
— 720 ILCS 5/28-1(b)(15) — 1 case
Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020). “” 720 ILCS 5/28-1(a)(2), (6), (7), (9), (10), (12) (West 2014).”
— 720 ILCS 5/28-1(b)(2) — 1 case
Moushon v. AAA Amusement, Inc., 641 N.E.2d 1201 (Ill. App. Ct. 1994). “The Franks have appealed, maintaining (1) article 28 of the Code (720 ILCS 5/28-1 through 28-9 (West 1992)) violates Federal and State constitutional provisions; (2) the evidence did not support the verdict; (3) the circuit court erred in instructing the jury on the damages and…”
— 720 ILCS 5/28-1(c) — 5 cases
People v. Jameson, 642 N.E.2d 1207 (Ill. 1994). “720 ILCS 5/28-1(c): Gambling—second conviction elevates the offense from a Class A misdemeanor to a Class 4 felony.”
People v. Gray, 2025 IL App (1st) 191086-B (Ill. App. Ct. 2025). “However, there are many felony offenses that are nonviolent, including unlawful or syndicated gambling (720 ILCS 5/28-1(c), 28-1.1(f) (West 2022)), bribery (id.”
Moushon v. AAA Amusement, Inc., 641 N.E.2d 1201 (Ill. App. Ct. 1994). “The Franks have appealed, maintaining (1) article 28 of the Code (720 ILCS 5/28-1 through 28-9 (West 1992)) violates Federal and State constitutional provisions; (2) the evidence did not support the verdict; (3) the circuit court erred in instructing the jury on the damages and…”
People v. Noble, 2024 IL App (3d) 230089-U (Ill. App. Ct. 2024).
People v. Montgomery, 2024 IL App (3d) 220326-U (Ill. App. Ct. 2024).
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