Ind. Code » Title 35
Indiana Code

Ind. Code § 35-45-5-2 (2026)

Unlawful gambling

✓ current as of May 2026
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     Sec. 2. (a) A person who knowingly or intentionally engages in gambling commits unlawful gambling.

     (b) Except as provided in subsection (c), unlawful gambling is a Class B misdemeanor.

     (c) An operator who knowingly or intentionally uses the Internet to engage in unlawful gambling:

(1) in Indiana; or

(2) with a person located in Indiana;

commits a Level 6 felony.

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.81; P.L.70-2005, SEC.3; P.L.158-2013, SEC.530.

 

Notes of Decisions
Cited in 8 cases, 1986–2016 · leading case: Caesars Riverboat Casino, LLC v. Kephart, 934 N.E.2d 1120 (Ind. 2010).
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Caesars Riverboat Casino, LLC v. Kephart, 934 N.E.2d 1120 (Ind. 2010). · cites it 4× “denied; see I.C. §§ 35-45-5-2, 35-45-5-2 (criminalizing gambling and professional gambling such as pool-selling and bookmaking); L.”
Lashbrook v. State, 550 N.E.2d 772 (Ind. Ct. App. 1990). · cites it 6× “Issue Two Gambling is prohibited by Ind.Code § 35-45-5-2, and a person who knowingly or intentionally engages in gambling is guilty of a class A misdemeanor.”
Brown v. Boyn (In Re Brown), 86 B.R. 944 (N.D. Ind. 1988). · cites it 2× “1987); Ind. Code § 35-45-5-2 . Several interesting principles were established in Kaszuba .”
Am. Legion Post 1133 v. State, 656 N.E.2d 1190 (Ind. Ct. App. 1995). · cites it 2× “Whether Indiana Code §§ 35-45-5-2, 35-45-5-3, and 35-45-5-4 violate the Indiana and United States Constitutions.”
Kaszuba v. Zientara, 495 N.E.2d 761 (Ind. Ct. App. 1986). · cites it 2× “CODE § 35-45-5-2 criminalizes gambling: "Unlawful gambling Sec.”
Kaszuba v. Zientara, 506 N.E.2d 1 (Ind. 1987). “These provisions without question reflect the constitutional mandate and long standing public policy in Indiana against lotteries.”
George v. Nat'l Collegiate Athletic Ass'n, 613 F.3d 658 (7th Cir. 2010). · cites it 4× “Ind.Code §§ 35-45-5-2, 35-45-5-3(a)(4). As alleged, the NCAA's act of knowingly conducting an unlawful lottery demonstrates a greater degree of fault than Plaintiffs' act of unwittingly entering that lottery.”
Gary Chavez v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016). · cites it 2× “3 Ind. Code § 35-45-5-2 (2) (1993). Court of Appeals of Indiana | Memorandum Decision 75A05-1509-CR-1460 | December 2, 2016 Page 4 of 7 [10] Chavez challenges only his conviction of murder.”
— Ind. Code § 35-45-5-2(a) — 1 case
George v. Nat'l Collegiate Athletic Ass'n, 613 F.3d 658 (7th Cir. 2010). “Ind.Code §§ 35-45-5-2, 35-45-5-3(a)(4). As alleged, the NCAA's act of knowingly conducting an unlawful lottery demonstrates a greater degree of fault than Plaintiffs' act of unwittingly entering that lottery.”
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