Wisconsin Statutes
Wis. Stat. § 945.03 (2026)
Commercial gambling
✓ current as of July 2026
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945.03(1m)(1m) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class I felony:
945.03(1m)(a)(a) Participates in the earnings of or for gain operates or permits the operation of a gambling place; or
945.03(1m)(b)(b) For gain, receives, records or forwards a bet or offer to bet or, with intent to receive, record or forward a bet or offer to bet, possesses facilities to do so; or
945.03(1m)(d)(d) Conducts a lottery where both the consideration and the prize are money, or with intent to conduct such a lottery, possesses facilities to do so; or
945.03(1m)(e)(e) Sets up for use for the purpose of gambling or collects the proceeds of any gambling machine; or
945.03(1m)(f)(f) For gain, maintains in this state any record, paraphernalia, tickets, certificates, bills, slip, token, paper, writing or other device used, or to be used, or adapted, devised or designed for use in gambling; or
945.03(1m)(g)(g) For gain, uses a wire communication facility for the transmission or receipt of information assisting in the placing of a bet or offer to bet on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet.
945.03(2m)(2m) If the violation of sub. (1m) involves the possession, operation, setup, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class “B” or “Class B” license or permit has been issued under ch. 125, the person may be penalized as follows:
945.03(2m)(a)(a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.
945.03(2m)(b)(b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.
945.03(2m)(c)(c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.
945.03(2m)(d)(d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.
945.03(2m)(e)(e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.
945.03 AnnotationThe offense of commercial gambling is distinguishable from the offense of making a bet. The statute is not unconstitutionally vague. State v. Vlahos, 50 Wis. 2d 609, 184 N.W.2d 817 (1971).
945.03 AnnotationA complaint charging 30 counts of commercial gambling, one for a specific bet allegedly taken by the defendant and 29 for the regular receipt of bets from eight bettors with all but one named in two or more counts, on unspecified athletic events over extended periods was multiplicitous and defective as to the 29, because the counts divided a single charge of continuous commercial gambling into several counts. State v. George, 69 Wis. 2d 92, 230 N.W.2d 253 (1975).
945.03 AnnotationA video poker machine is not a gambling machine per se. The defendant must have collected proceeds from video poker machines knowing they were being used for gambling and that the proceeds were derived from the gambling. State v. Hahn, 203 Wis. 2d 450, 553 N.W.2d 292 (Ct. App. 1996), 94-2567.
945.03 AnnotationAn Iowa-licensed river boat equipped with casino-style gambling games may be engaged in illegal commercial gambling if it enters Wisconsin waters. 79 Atty. Gen. 206.
945.03 AnnotationAlthough an indictment failed to state which of seven subsections the defendants’ alleged gambling business violated, more specificity was not required to enable the defendants to successfully plead the bar of double jeopardy and to inform them of what they would have to meet to formulate a defense; thus the indictment was not subject to dismissal. United States v. Halmo, 386 F. Supp. 593 (1974).
Notes of Decisions
Cited in 16
cases, 1971–2020 · leading case: State v. Jacobsen, 2014 WI App 13 (Wis. Ct. App. 2013).
State v. Jacobsen, 2014 WI App 13 (Wis. Ct. App. 2013). “There, Louis George and Robert Tollefson were charged, respectively, with thirty and ten counts of commercial gambling, contrary to Wis. Stat. § 945.03 (1973-74). George, 69 Wis.”
State v. Kramer, 2001 WI 132 (Wis. 2001). “At that time, the Fond du Lac County District Attorney's Office and the Fond du Lac County Sheriffs Department were allegedly not investigating or prosecuting such activity because they believed that the law was unclear concerning whether this activity constituted criminal…”
Quick Charge Kiosk LLC v. Josh Kaul, 2020 WI 54 (Wis. 2020). “For example, Wis. Stat. § 945.03 (1m)(e) dictates that anyone who "[s]ets up for use for the purpose of gambling or collects the proceeds of any gambling machine" is guilty of a felony.”
Carl R. Kramer v. Vill. of North Fond Du Lac & Larry Wodack, 384 F.3d 856 (7th Cir. 2004). “Wis. Stat. § 945.03 (5) (1995). Prior to his 1998 trial, Kramer moved to suppress evidence seized from his tavern on the ground that it had been illegally obtained in violation of the Fourth Amendment and to dismiss the information on the ground he was being selectively…”
State v. Hahn, 586 N.W.2d 5 (Wis. Ct. App. 1998). “1 Section 945.03, STATS., provides in part: Commercial gambling.”
State v. Vlahos, 184 N.W.2d 817 (Wis. 1971). “This argument might have some weight if we had all of the evidence before us and we were considering the sufficiency of the evidence, but we cannot do so because the record lacks a transcript of the trial.”
State v. Hahn, 553 N.W.2d 292 (Wis. Ct. App. 1996). “3 The State requested that the trial court instruct the jury as follows: Commercial gambling, as defined in Wis. Stat. § 945.03 (5), is committed by one who intentionally collects the proceeds of any gambling machine.”
State of Wisconsin v. Ho-Chunk Nation, 784 F.3d 1076 (7th Cir. 2015). “See Wis. Stat. §§ 945.03 (2m) and 945.04(2m); see also Wis.”
United States v. Halmo, 386 F. Supp. 593 (E.D. Wis. 1974). “The thrust of this motion is that the indictment fails to state which of the seven subsections of Wis.Stat. § 945.03 (1971) the defendants' alleged gambling business violates.”
Lee v. Elk Rod & Gun Club, Inc., 473 N.W.2d 581 (Wis. Ct. App. 1991). “In keeping with the constitution, sec. 945.03, Stats., renders commercial gambling a felony; sec.”
State v. Kramer, 2000 WI App 271 (Wis. Ct. App. 2000). “§ 945.03(5) (1995-96), 1 and from orders denying his motions for suppression and dismissal of the felony charges.”
State of Wis. v. Wisconsin Winnebago Indian Tribe, 603 F. Supp. 428 (W.D. Wis. 1985). “” This case involves Wisconsin’s attempted enforcement of a Wisconsin criminal statute prohibiting commercial gambling, Wis.Stat. § 945.03 (1981-82), through a civil forfeiture proceeding in state court pursuant to Wis.”
— Wis. Stat. § 945.03(2) — 1 case
State v. Dadas, 526 N.W.2d 818 (Wis. Ct. App. 1994).
— Wis. Stat. § 945.03(5) — 4 cases
State v. Hahn, 586 N.W.2d 5 (Wis. Ct. App. 1998). “1 Section 945.03, STATS., provides in part: Commercial gambling.”
State v. Kramer, 2001 WI 132 (Wis. 2001). “At that time, the Fond du Lac County District Attorney's Office and the Fond du Lac County Sheriffs Department were allegedly not investigating or prosecuting such activity because they believed that the law was unclear concerning whether this activity constituted criminal…”
State v. Hahn, 553 N.W.2d 292 (Wis. Ct. App. 1996). “3 The State requested that the trial court instruct the jury as follows: Commercial gambling, as defined in Wis. Stat. § 945.03 (5), is committed by one who intentionally collects the proceeds of any gambling machine.”
State v. Kramer, 2000 WI App 271 (Wis. Ct. App. 2000). “§ 945.03(5) (1995-96), 1 and from orders denying his motions for suppression and dismissal of the felony charges.”
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