Is betting illegal in Colorado?

Yes, but there are five exceptions:

1. social gambling;
2. the Colorado Lottery;
3. in Colorado’s licensed casinos;
4. legal horse and greyhound racing through the Colorado Division of Racing; and
5. licensed bingo, raffles, or charitable games

Legal gambling in Colorado

Colorado gambling laws under C.R.S. 18-10-103 limit legal gambling to the above exceptions. Otherwise, placing bets in a game or sporting event is illegal throughout the state.

Illegal gambling is often linked with racketeering and organized crime. Examples of illegal gambling may include:

• betting at an unlicensed casino;
• betting on sports (other than through the Colorado Division of Racing);
• betting in an unlicensed lottery game

Note that C.R.S. 18-10-106 also prohibits internet gambling and telephone sports book betting. Even if the gambling company or gaming event is taking place in a jurisdiction where gambling is legal, any person who is physically in Colorado may not place a bet.

Social Gambling

Social gambling is legal in Colorado. Social gambling comprises any wager or game that is:

1. incidental to a social relationship,
2. participated in by people (not companies), and
3. no otherwise illegal gambling is taking place

Common examples are when friends or family:

• gather for a poker night or a casino night;
• start a pool on who may win the Super Bowl or other contest; or
• hold an raffle on a prize

Colorado Lottery

People in Colorado may lawfully enter the Colorado Lottery, which holds the following games:

• Powerball
• Mega Millions
• Lucky for Life
• Lotto
• Cash 5
• Pick 3
• Scratch

Colorado Casinos

Gambling is legal is Colorado’s licensed casinos:

Horse and Greyhound Racing

Betting on horses is legal at the racetrack facility in Arapahoe Park in Aurora. Note that this facility runs only for 13 consecutive weekends during the summer, and there is no live greyhound racing there.

However, there are several legal off track betting (OTB) facilities that take bets on simulcast horse and greyhound races throughout the year. Only people 18 and older may place wagers.

Charitable Events

Charities are allowed to sponsor gaming events at licensed casinos in Colorado. Otherwise, any events they hold outside of the casinos may not include any gaming events that would otherwise be considered illegal gambling.

Penalties

The punishment for illegal gambling in Colorado depends on the activity the defendant is accused of and whether he/she has a criminal history.

Illegal gambling is usually a class 1 petty offense in Colorado, carrying:

• up to 6 months in jail, and
• up to $500 in fines

But “professional gambling” — which is a legal term for profiting from illegal gambling — carries a harsher penalty. A first-time conviction is a class 1 misdemeanor, carrying:

• 6 – 18 months in jail, and
• up to $5,000

A successive conviction of professional gambling is a class 5 felony, carrying:

• 1 – 3 years in prison, and
• up to $100,000 in fines

A person who owns, sells, possesses, or uses a gambling device or gambling record faces a class 2 misdemeanor for a first-time conviction. The sentence includes:

• 3 – 12 months in jail, and
• up to $1,000 in fines

A successive conviction of having or using a gambling device is a class 6 felony, carrying:

• 12 – 18 months in prison, and
• up to $100,000 in fines

Finally, a first-offense of internet gambling or sports book betting is a class 3 misdemeanor, carrying:

• up to 6 months in jail, and
• up to $750 in fines

And a subsequent offense of internet gambling or sports book betting is a class 6 felony, carrying:

• 12 – 18 months in prison, and
• up to $100,000 in fines