ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/28-2 (2026)

Definitions

✓ current as of May 2026
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(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
    Sec. 28-2. Definitions.
    (a) A "gambling device" is any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won, or lost; or any mechanism, furniture, fixture, equipment, or other device designed primarily for use in a gambling place. A "gambling device" does not include:
        (1) A coin-in-the-slot operated mechanical device
    
played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property, or right to receive money or property.
        (2) Vending machines by which full and adequate
    
return is made for the money invested and in which there is no element of chance or hazard.
        (3) A crane game. For the purposes of this paragraph
    
(3), a "crane game" is an amusement device involving skill, if it rewards the player exclusively with merchandise contained within the amusement device proper and limited to toys, novelties, and prizes other than currency, each having a wholesale value which is not more than $25.
        (4) A redemption machine. For the purposes of this
    
paragraph (4), a "redemption machine" is a single-player or multi-player amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, or propelling a ball or other object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, or stopping, by physical, mechanical, or electronic means, a moving object that is either physical or computer generated on a display or with lights into, upon, or against a hole or other target that is either physical or computer generated on a display or with lights, provided that all of the following conditions are met:
            (A) The outcome of the game is predominantly
        
determined by the skill of the player.
            (B) The award of the prize is based solely upon
        
the player's achieving the object of the game or otherwise upon the player's score.
            (C) Only merchandise prizes are awarded.
            (D) The wholesale value of prizes awarded in lieu
        
of tickets or tokens for single play of the device does not exceed $25.
            (E) The redemption value of tickets, tokens, and
        
other representations of value, which may be accumulated by players to redeem prizes of greater value, for a single play of the device does not exceed $25.
        (5) Video gaming terminals at a licensed
    
establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment licensed in accordance with the Video Gaming Act.
    (a-5) "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
    (a-6) "Access" has the meaning ascribed to the term in Section 17-55.
    (a-7) "Computer" has the meaning ascribed to the term in Section 17-0.5.
    (b) A "lottery" is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale, or some other name, excluding 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).
    (c) A "policy game" is any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token, or other device that any particular number, character, ticket, or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property, or evidence of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 102-558, eff. 8-20-21.)

    
Notes of Decisions
Cited in 7 cases, 2004–2020 · leading case: City of Chicago v. Beretta U.S.A. Corp., 821 N.E.2d 1099 (Ill. 2004).
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City of Chicago v. Beretta U.S.A. Corp., 821 N.E.2d 1099 (Ill. 2004). “, 510 ILCS 5/15(c) (West 2002) (permitting a dangerous dog or other animal from leaving the premises of the owner without a leash or other method of control); 515 ILCS 5/1-215 (West 2002) (use of illegal fishing device); 605 ILCS 5/9-108 (West 2002) (planting of willow trees or…”
Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020). “See 720 ILCS 5/28-2(a)(4)(A) (West 2018) (excluding an amusement device known as a “redemption machine” from the definition of a gambling device if the “outcome of the game is predominantly determined by the skill of the player”).”
Phillips v. Double Down Interactive LLC, 173 F. Supp. 3d 731 (N.D. Ill. 2016). “” 720 ILCS 5/28-2(a) (emphasis added).) Phillips disagrees, arguing that Double Down’s chips are things of value.”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “815 ILCS 525/20, 720 ILCS 5/28-2(b)(13) [sic]. Promoters of these Devices (much like electronic raffle machines, internet cafes or Lucky Shamrock Vending Machines), attempt to exploit what they deem a ‘legal loophole’ in Illinois gambling laws by arguing that the purchase paid…”
Illinois Coin Mach. Operators Ass'n v. Cnty. of Cook, 2015 IL App (1st) 150547 (Ill. App. Ct. 2015). “a machine or mechanical, electrical, or electronic device utilized in or primarily designed for gambling, and includes any clock, tape machine, slot machine, video machine, or other machine, for the reception of money or other thing of value on chance or skill is staked,…”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “815 ILCS 525/20, 720 ILCS 5/28-2(b)(13) [sic]. Promoters of these Devices (much like electronic raffle machines, internet cafes or Lucky Shamrock Vending Machines), attempt to exploit what they deem a ‘legal loophole’ in Illinois 4 gambling laws by arguing that the purchase paid…”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “815 ILCS 525/20, 720 ILCS 5/28-2(b)(13) [sic]. Promoters of these Devices (much like electronic raffle machines, internet cafes or Lucky Shamrock Vending Machines), attempt to exploit what they deem a ‘legal loophole’ in Illinois 4 gambling laws by arguing that the purchase paid…”
— 720 ILCS 5/28-2(a) — 1 case
Phillips v. Double Down Interactive LLC, 173 F. Supp. 3d 731 (N.D. Ill. 2016). “” 720 ILCS 5/28-2(a) (emphasis added).) Phillips disagrees, arguing that Double Down’s chips are things of value.”
— 720 ILCS 5/28-2(a)(1) — 1 case
Illinois Coin Mach. Operators Ass'n v. Cnty. of Cook, 2015 IL App (1st) 150547 (Ill. App. Ct. 2015). “a machine or mechanical, electrical, or electronic device utilized in or primarily designed for gambling, and includes any clock, tape machine, slot machine, video machine, or other machine, for the reception of money or other thing of value on chance or skill is staked,…”
— 720 ILCS 5/28-2(a)(4)(A) — 1 case
Dew-Becker v. Wu, 2020 IL 124472 (Ill. 2020). “See 720 ILCS 5/28-2(a)(4)(A) (West 2018) (excluding an amusement device known as a “redemption machine” from the definition of a gambling device if the “outcome of the game is predominantly determined by the skill of the player”).”
— 720 ILCS 5/28-2(b)(13) — 3 cases
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “815 ILCS 525/20, 720 ILCS 5/28-2(b)(13) [sic]. Promoters of these Devices (much like electronic raffle machines, internet cafes or Lucky Shamrock Vending Machines), attempt to exploit what they deem a ‘legal loophole’ in Illinois gambling laws by arguing that the purchase paid…”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “815 ILCS 525/20, 720 ILCS 5/28-2(b)(13) [sic]. Promoters of these Devices (much like electronic raffle machines, internet cafes or Lucky Shamrock Vending Machines), attempt to exploit what they deem a ‘legal loophole’ in Illinois 4 gambling laws by arguing that the purchase paid…”
Windy City Promotions, LLC v. Illinois Gaming Bd., 2017 IL App (3d) 150434 (Ill. App. Ct. 2017). “815 ILCS 525/20, 720 ILCS 5/28-2(b)(13) [sic]. Promoters of these Devices (much like electronic raffle machines, internet cafes or Lucky Shamrock Vending Machines), attempt to exploit what they deem a ‘legal loophole’ in Illinois 4 gambling laws by arguing that the purchase paid…”
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