Mississippi Code
Miss. Code Ann. § 97-33-1 (2026)
Betting, gaming or wagering; exception from prohibition; penalty
✓ current as of July 2026
Except as otherwise provided in Section 97-33-8, if any person shall encourage, promote or play at any game, play or amusement, other than a fight or fighting match between dogs, for money or other valuable thing, or shall wager or bet, promote or encourage the wagering or betting of any money or other valuable things, upon any game, play, amusement, cockfight, Indian ball play or duel, other than a fight or fighting match between dogs, or upon the result of any election, event or contingency whatever, upon conviction thereof, he shall be fined in a sum not more than Five Hundred Dollars ($500.00); and, unless such fine and costs be immediately paid, shall be imprisoned for any period not more than ninety (90) days. However, this section shall not apply to betting, gaming or wagering:
- (a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
- (b) In a structure located, in whole or in part, on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
- (i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this section;
- (ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and
- (iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall lie adjacent to state waters south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the structure is located consists of a parcel of real property, easements and rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii);
- (c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
- (d) That is legal under the laws of the State of Mississippi.
Codes, Hutchinson's 1848, ch. 64, art. 11(1); 1857, ch. 64, art. 134; 1871, § 2598; 1880, § 2844; 1892, § 1122; 1906, § 1203; Hemingway's 1917, § 933; 1930, § 960; 1942, § 2190; Laws, 1898, ch. 69; Laws, 1987, ch. 489, § 2; Laws, 1989, ch. 481, § 2; Laws, 1990, ch. 449, § 5; Laws, 1990, ch. 573, § 9; Laws, 1990 Ex Sess, ch. 45 § 148; Laws, 2005, 5th Ex Sess, ch. 16, § 3, eff. 10/17/2005.
Amended by Laws, 2013, ch. 410, HB 974, 2, eff. 7/1/2013.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1994–2023 · leading case: Harrah's Vicksburg Corp. v. Pennebaker, 812 So. 2d 163 (Miss. 2001).
Harrah's Vicksburg Corp. v. Pennebaker, 812 So. 2d 163 (Miss. 2001). “1995) (quoting Miss. Code Ann. § 97-33-1 (b)) (emphasis in original).”
Miss. Casino Operators Ass'n v. MISS. GAMING COM'N, 654 So. 2d 892 (Miss. 1995). “[1] The MCOA argued that the decision was contrary to Miss. Code Ann. § 97-33-1 (a) and the Commission's own duly promulgated Regulation No.”
Mississippi Gaming Com'n v. Bd. of Educ., 691 So. 2d 452 (Miss. 1997). “2 were found to bar development of the site, it should be declared void and in violation of Miss. Code Ann. § 97-33-1 (1993). Keeping all avenues open, they further argued, in the alternative, that § 97-33-1 was unintelligible and unconstitutional.”
Premier Ent. Biloxi LLC v. U.S. Bank Nat'l Ass'n (In Re Premier Ent. Biloxi LLC), 445 B.R. 582 (Bankr. S.D. Miss. 2010). “Miss. Code Ann. § 97-33-1 . 8 . Trial Exs.”
MS GAMING COM'N v. Six Video Gamb. Devices, 792 So. 2d 321 (Miss. Ct. App. 2001). “Miss.Code Ann. § 97-33-1 (Rev.2000). Several later sections specifically prohibit lotteries.”
Concerned Citizens v. MISS. GAMING COM'N, 735 So. 2d 368 (Miss. 1999). “[2] The same definitions are provided in Miss. Code Ann. § 97-33-1 (a) and (b), which exempt from the prohibition against betting, gaming and wagering those gambling activities which take place on gaming vessels located in the Gulf or along the Mississippi River.”
King v. Grand Casinos of Miss., Inc., 697 So. 2d 439 (Miss. 1997). “" Miss. Code Ann. §§ 97-33-1 (a) and (b) (emphasis added).”
Meeks v. Greenville Casino Partners, L.P. (In Re Armstrong), 217 B.R. 569 (Bankr. E.D. Ark. 1998). “, Miss. Code Ann. §§ 97-33-1 , et seq. (gambling crimes), 95-3-25 (nuisance).”
Rush v. Casino Magic Corp., 744 So. 2d 761 (Miss. 1999). “Rush cites three statutes in support of her contention: Miss.Code Ann. §§ 97-33-1 & -7 (1994) and 27-109-1 (1990).”
Mississippi Gaming Comm'n v. Harrison Cnty Bd of Educa (Miss. 1994). “2 were found to bar development of the site, it should be declared void and in violation of Miss. Code Ann. § 97-33-1 (1993). Keeping all avenues open, they further argued, in the alternative, that § 97-33-1 was unintelligible and unconstitutional.”
The State of Mississippi, by & through Michael Watson in his Off. Capacity as Sec'y of State as Tr. of Pub. Tidelands v. Long Beach Harbor Resort, LLC (Miss. 2022). “See Miss. Code Ann. § 97-33-1 ; 13 Admin. Code Part 2, Rule 1.”
State of Mississippi, by & through Michael Watson in his Off. Capacity as Sec'y of State & Tr. of the Pub. Tidelands Trust v. RW Dev., LLC, The City of Biloxi, Mississippi & Harrison Cnty., Mississippi (Miss. 2023). “at 413 (quoting Miss. Code Ann. § 97-33-1 (b)(i) (Rev. 2014)).”
— Miss. Code Ann. § 97-33-1(a) — 4 cases
Harrah's Vicksburg Corp. v. Pennebaker, 812 So. 2d 163 (Miss. 2001). “1995) (quoting Miss. Code Ann. § 97-33-1 (b)) (emphasis in original).”
Miss. Casino Operators Ass'n v. MISS. GAMING COM'N, 654 So. 2d 892 (Miss. 1995). “[1] The MCOA argued that the decision was contrary to Miss. Code Ann. § 97-33-1 (a) and the Commission's own duly promulgated Regulation No.”
Concerned Citizens v. MISS. GAMING COM'N, 735 So. 2d 368 (Miss. 1999). “[2] The same definitions are provided in Miss. Code Ann. § 97-33-1 (a) and (b), which exempt from the prohibition against betting, gaming and wagering those gambling activities which take place on gaming vessels located in the Gulf or along the Mississippi River.”
Mississippi Gaming Comm'n v. Harrison Cnty Bd of Educa (Miss. 1994). “2 were found to bar development of the site, it should be declared void and in violation of Miss. Code Ann. § 97-33-1 (1993). Keeping all avenues open, they further argued, in the alternative, that § 97-33-1 was unintelligible and unconstitutional.”
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