Gambling was rife in South Dakota in the late 19th century, and much of it was centered around the city of Deadwood. That was thanks to the discovery of gold deposits in the city, which led to the Black Hills Gold Rush. Deadwood gained a reputation for lawlessness at this time, and its saloons and gambling halls were frequented by the likes of Wild Bill Hickok and Calamity Jane.
Hickok was murdered there in 1876 as he played poker. His final hand, aces and eights, forever became known as "the Dead Man's Hand."
Gambling was banned in 1905, soon after the South Dakota Territories achieved statehood, and it remained so until 1989. That year, a constitutional amendment was approved that aimed to prevent the municipality of Deadwood from turning into a ghost town. It allowed commercial gaming venues in Deadwood only, and the city was reborn as a gambling destination. It became only the third legal gaming hub in the US, after Nevada and Atlantic City.
A year before the commercial gaming amendment, US Congress passed the Indian Gaming Regulatory Act, (IGRA) which codified Native American gaming rights on tribal land. This heralded a period of expansion for tribal gaming. Today, there are 11 tribal casinos throughout South Dakota owned by nine Native American tribes, each operating class III gaming pursuant to their tribal-state gaming compacts.
Also in 1989, the legislature permitted local businesses to install VLTs under the supervision of the South Dakota Lottery. Land-based sports betting became legal in Deadwood and tribal casinos in 2021.
| Allowed? | Notes | |
| Land-based gambling | Yes | Commercial and tribal casinos, racetracks, VLTs |
| Online gambling | No | Apart from parimutuel OTB platforms |
| Sports betting | Yes | At land-based casinos only |
| Lottery | Yes | |
| Minimum gambling age | 18 (lottery, parimutuel), 21 (casinos) |
South Dakota Unlawful Gambling
South Dakota law defines unlawful gambling as “engaging in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome,” and classifies placing illegal bets as a Class 2 misdemeanor, which is punishable by a fine of up to $500 and imprisonment for up to 30 days.
Engaging in betting over the internet is also prohibited, as is maintaining a gambling place or equipment. Only state-sanctioned games of chance are allowed when there is money involved.
Most gambling-related matters are covered by South Dakota Codified Laws (SDCL), Chapters 21-6, 22-5 and 42-7B.
The minimum gambling age is 18 for lottery games and 21 for VLTs, casino games, and horse race betting. Commercial casinos are overseen by the South Dakota Commission on Gaming.
Online Gambling in South Dakota
South Dakota has not legalized or regulated any form of online gambling with the exception of parimutuel betting on horse racing platforms like TVG and TwinSpires. Moreover, it's one of a handful of states whose laws address gambling over the internet specifically.
SDCL § 22-25A-7 states that "no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager."
It is also explicitly illegal for an individual to establish an online gambling business for the purposes of conducting wagering in the state (SDCL § 22-25A-8).
Crucially, South Dakota makes a distinction about where a wager "originates" and "terminates" that would appear to prohibit offshore casinos from accepting bets from state residents. Offshore operators tend to argue that since bets are being processed overseas, they are not violating state or local laws. Here, the wager originates in the state with the bettor.
"A violation of § 22-25A-7 or 22-25A-8 occurs if the violation originates or terminates, or both, in this state. Each individual bet or wager offered in violation of § 22-25A-7 or from a location or site that violates § 22-25A-8 constitutes a separate violation."
By extension, because the simple act of placing a bet with an illegal gambling operator is a misdemeanor offence (SDC §22-25-1), South Dakota players who use offshore sites could be on shaky ground.
However, if this is indeed the case, the law has never been enforced in this way, since no one has ever been prosecuted in South Dakota for betting online via an offshore site.
South Dakota Casinos
Casino-style gambling is allowed in Deadwood and on Native American Reservations. There are 21 licensed gambling establishments in Deadwood, but some of them only offer a few slots. Larger casinos also offer video poker and classic table games, such as craps, roulette, and blackjack. The local tribes operate eleven casinos, which are located in Flandreau, Lower Brule, Martin, Mission, Mobridge, Pickstown, Pine Ridge, Sisseton, and Watertown.
Before 2013, state casinos were required to enforce a $100 maximum bet limit. In 2013, this limit was raised to $1,000. At the same time, voters approved an amendment that legalized craps, roulette, and keno in the town.
Also, dozens of bars and gas stations across the entire state are permitted to install video lottery terminals (VLTs). These machines are functionally similar to slots, but they operate under the purview of the South Dakota Lottery. The maximum return on VLT games is 92 percent, so they are slightly stingier than casino slots.
South Dakota Poker
There are ten live poker rooms in South Dakota. Four of them are located in Deadwood. The following tribal casinos operate the remaining six: Dakota Sioux Casino (Watertown), Fort Randall Casino (Lake Andes), Grand River Casino (Mobridge), Lode Star Casino (Ft. Thompson), Prairie Wind Casino (Pine Ridge), and Roval River Casino (Flandreau).
Most of these venues operate only 3-5 tables, but since South Dakota law prohibits the casinos from offering no-limit games, local poker enthusiasts have access to games that would be considered somewhat niche under normal circumstances, such as Spread Limit Hold ’em and Limit Omaha.
South Dakota residents do not have access to any state-sanctioned online poker platforms. The best poker sites in South Dakota are thus currently located overseas. Playing on offshore sites is technically illegal and constitutes a Class 2 misdemeanor, but no one from the state has ever been prosecuted for doing so.
South Dakota Sports Betting
South Dakota's voters authorized land-based sports betting in November 2020, and subsequent enabling legislation was passed in early 2021. This also paved the way for tribal casinos to open sportsbooks, as well as commercial venues. The first operations launched in September 2021.
South Dakota sports betting is more limited than some other states. As well as being land-based and in-person-only, there are restrictions on the type of bets you can place, such as on high school and minor league games, as well as games involving South Dakota colleges and universities.
South Dakota Parimutuel Betting
Parimutuel betting has been legal in South Dakota for decades. Live horse race betting is available at the local racetracks in Ft. Pierre (Stanley County Fairgrounds) and Aberdeen (Brown County Fairgrounds).
Off-track betting is permitted at satellite locations more than 50 miles away from licensed racetracks. Greyhound racing is still legal but live racing is no longer available in the state. In addition, South Dakota residents can engage in online betting via US-facing OTB platforms, such as TwinSpires, BetAmerica, and TVG.
South Dakota Daily Fantasy Sports
South Dakota does not have any DFS regulations. DFS companies continue to operate in the state, claiming that they offer skill-based contests that do not meet the legal definition of gambling.
In December 2015, South Dakota’s Attorney General, Marty Jackley, issued a statement declaring that the law is not clear enough to seek felony indictments absent explicit directions from the legislature. He also said that he is considering “civil remedies.” In the end, no action was taken.
For now, South Dakota residents are free to participate in paid DFS contests on FanDuel, DraftKings, and Yahoo DFS.
South Dakota Lottery
The South Dakota Lottery offers popular interstate draw games, such as Powerball, Mega Millions, and Lucky for Life, as well as scratchers and local games, such as Dakota Cash EZ Match. The lottery also oversees the operation of VLTs available at bars and gas stations. The lottery is prohibited from selling any of its products over the internet, so all tickets must be purchased from licensed retailers.
South Dakota Bingo
Charity organizations may host bingo games provided no prizes over $2,000 are offered. Also, South Dakota residents can play commercial bingo at a few tribal venues, such as Prairie Wind Casino (Pine Ridge), Rosebud Casino (SD/NE State Line), and Dakota Connection Casino (Sisseton). Local businesses are prohibited from operating online bingo sites. Playing on offshore sites is likely illegal and a Class 2 misdemeanor.
South Dakota Gambling FAQ
Does South Dakota have casinos?
Yes, South Dakota has 21 commercial casinos, but only in Deadwood. It also has 11 tribal gaming venues scattered throughout the state.
Are there betting restrictions at South Dakota casinos?
Yes, the maximum single wager you can place must not exceed $1,000.
Can I play craps and roulette in South Dakota?
Yes, both craps and roulette have been legal at South Dakota casinos since 2013.
Is sports betting legal in South Dakota?
Yes, but only when bets are placed in person at South Dakota casinos. Online sports betting is not legal.
Does South Dakota have online gambling?
No, South Dakota has not legalized online casino gaming, poker, or sports betting.
Do you get slot machines in bars in South Dakota?
Yes, bars and restaurants are allowed to host video lottery terminals (VLTs), which are functionally similar to slots.
What's the legal gambling age in South Dakota?
It's 18 for the lottery and parimutuel betting and 21 for casino games and sports betting.
South Dakota Codified Laws
CHAPTER 21-6
RECOVERY OF GAMBLING LOSSES
21-6-1. Action by loser for recovery of losses--Persons liable--Limitation of actions.
Any person who shall lose any thing of value at any game, or by betting on any game, may recover the same or the value thereof from any other person playing at the game at which such thing was lost, or from the person with whom the bet was made, or from the proprietor of the place where the game was played, in a civil action, in which such proprietor and all persons engaged in the game may be joined as parties; provided that such action shall have been commenced within six months after the date of such loss.
21-6-2. Action by state's attorney for benefit of spouse, minor children or public schools. In case the losing party fails to bring an action under § 21-6-1 within the time allowed by said section, it shall be the duty of the state's attorney, at any time within six years from the date of the loss, to bring action to recover such thing, or the value thereof, for the benefit of the spouse or minor children of such party, or, in case there be no spouse or minor children, for the benefit of the public schools.
CHAPTER 22-25 GAMBLING AND LOTTERIES
22-25-1 Gambling defined--Keeping gambling establishment--Letting building for gambling--Misdemeanor. Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose, or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling is guilty of a Class 2 misdemeanor.
22-25-2 Repealed.
22-25-3 Repealed.
22-25-4, 22-25-5. Repealed.
22-25-6 Unlawful betting on animal races as common nuisance--Petty offense. All racing or trials of speed between horses or other animals for any bet, stake, or reward, except such as is specifically authorized by law is a common nuisance. A violation of this section is a petty offense.
22-25-7 to 22-25-12. Repealed.
22-25-13 Keeping slot machines--Free play machines excepted--Misdemeanor-- Manufacture not prohibited. No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any slot machine or device. A slot machine or device is any machine upon the action of which anything of value is staked and which is operated by placing therein or thereon any coins, checks, slugs, balls, chips, tokens, or other articles, or in any other manner as a result of such operation anything of value is won or lost by the operation of such machine, when the result of such operation is dependent upon chance. This section does not extend to coin-operated nonpayout pin tables and arcade amusements, with free play features. A violation of this section is a Class 1 misdemeanor.
This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines or devices in this state for distribution and sale.
22-25-14 Slot machine and premises public nuisance--Manufacture not prohibited. All slot machines capable of being used for gambling and places where they are kept or operated together with all property of any kind kept or used in connection with operation of the same, are hereby declared to be public nuisances.
This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines, or devices in this state for distribution and sale.
22-25-14.1 Antique slot machine operated for nongambling purposes as defense-- Preservation and return of antique machines. It is a defense to any prosecution under §§ 22-25-13 and 22-25-14 if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be conclusively presumed an antique slot machine if it is twenty-five or more years old. Whenever such defense is offered, no slot machine seized from any defendant may be destroyed or otherwise altered until after a final court determination including review upon appeal, if any, that such defense is not applicable. If the defense is applicable, any such slot machine shall be returned pursuant to provisions of law providing for the return of property. It is the purpose of this section to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes because of their esthetic interest and importance in South Dakota history.
22-25-15 to 22-25-18. Repealed.
22-25-19, 22-25-20. Repealed.
22-25-21 Repealed.
22-25-22 Repealed.
CHARITABLE GAMING
Sections 22-25-23 through 22-25-51 relate to South Dakota's charitable gambling enabling statutes. Click , which are presented in full text at South Dakota Charitable Gaming.
CHAPTER 22-25A INTERNET GAMBLING
22-25A-1 Bet or wager defined. For the purposes of this chapter, the term, bet or wager, means to directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is contingent upon the result of a race, contest, or game or upon the happening of an event not known to be certain. Bet or wager does not include the purchase, sale, or trade of securities or commodities under state or federal law.
22-25A-2 Gambling business defined. For the purposes of this chapter, the term, gambling business, means a business that is conducted at a gambling establishment or involves the placing, receiving, or making of bets or wagers or offers to engage in the placing, receiving, or making of bets or wagers.
22-25A-3 Internet defined. For the purposes of this chapter, the term, internet, means the international computer network of both federal and nonfederal interoperable packet switched data networks.
22-25A-4 Interactive computer service defined. For the purposes of this chapter, the term, interactive computer service, means a service, system, or network or access software provider that uses public communication infrastructure or operates to provide or enable computer access by multiple users to a computer server, including a service or system that provides access to the internet.
22-25A-5 Person defined. For the purposes of this chapter, the term, person, means an individual, association, partnership, joint venture, corporation, or a director, executive, or officer of an association, partnership, joint venture, or corporation, a political subdivision of this state, or a department, agency, or instrumentality of this state, or any other government, organization, or entity, including an Indian tribe.
22-25A-6 State defined. For the purposes of this chapter, the term, state, means this state, including a territory, possession, county, and land owned, occupied, or held in trust for an Indian tribe, whether or not federally recognized as an Indian tribe.
22-25A-7 Internet betting by person engaged in gambling business prohibited . Except as provided in § 22-25A-15, no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager.
22-25A-8 Establishment of internet gambling business prohibited. Except as provided in § 22-25A-15, no person may establish a location or site in this state from which to conduct a gambling business on or over the internet or an interactive computer service.
22-25A-9 Violation if gambling originates or terminates in state--Each bet a separate violation. Each bet a separate violation. A violation of § 22-25A-7 or 22-25A-8 occurs if the violation originates or terminates, or both, in this state. Each individual bet or wager offered in violation of § 22-25A-7 or from a location or site that violates § 22-25A-8 constitutes a separate violation.
22-25A-10 Violation a felony. Any person who violates § 22-25A-7 or § 22-25A-8 is guilty of a felony as follows:
(1) For a first offense, a Class 6 felony;
(2) For a second or subsequent offense, a Class 5 felony.
22-25A-11 Prosecution of violations. The attorney general or the state's attorney for the county in which a violation under this chapter occurred, may prosecute violations of this chapter.
22-25A-12 Notification of illegal web site and penalties. The attorney general may notify a gambling business that its web site is illegal in this state and list the penalties for violating this section.
22-25A-13 Preliminary restraining order available as condition of bond. The attorney general or state's attorney may seek, and the court may enter, a preliminary restraining order enjoining a person from transmitting bets or wagers or information to assist in the placing of bets or wagers as a condition of bond pending trial or other disposition of the case.
22-25A-14 Permanent injunction available against guilty party. If a person is found guilty or pleads guilty to a charge brought under this chapter, the attorney general or states attorney may seek, and the court may enter, a permanent injunction against the person or gambling business enjoining the person or gambling business from transmitting bets or wagers or information to assist in the placing of bets or wagers.
22-25A-15 Inapplicability of chapter to state lottery or commission on gaming. This chapter does not apply to the South Dakota Lottery and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapter 42-7A or to the South Dakota Commission on Gaming and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapters 42-7 and 42-7B.
LEGALIZED LIMITED GAMING
South Dakota has adopted laws legalizing the operation of limited stakes card games and slot machines. Links to the text of the relevant statute sections are available at: Legalized Limited South Dakota Gaming.