Hawaii Gambling Laws + Statutes
Island life certainly has its appeal, but one has to wonder if living on the gorgeous white sands in the beaches of Hawaii makes its residents immune to all cultural phenomena happening in the continental United States. For instance, do those living in Hawaii have the romantic image of a gambler cooked into their heads as thoroughly as those in say, Cincinnati do? This review of Hawaii gambling laws will assist you in deciding whether to dive in.
The thinking here is that there are plenty of residents of the state of Hawaii who have an interest in gambling, and maybe it’s just the stereotype of laid back island life, but no one seems to be giving them the information they need. While a regular gambling hobby certainly isn’t for everyone, millions of Americans can testify that, when enjoyed responsibly, there are few things as exciting while simultaneously being potentially rewarding. Many Hawaii residents who may otherwise enjoy a casual gambling hobby hold themselves back simply due to the false belief that even a quick wager on a hand of poker will land them in jail.
The federal government’s stance on gambling is fairly clear. While the facilitation of illicit gambling is a very serious crime, it does not have a single law directed toward the otherwise honest US citizen who merely wishes to place a bet or wager on a game of chance or a future event.
Most states, when writing their own legislation use these federal laws as a template for how best to proceed. While the state of Hawaii offers its own set of legal rules and restrictions, it’s still possible for a resident of the Aloha State to enjoy a gambling hobby safe from both the prospect of legal prosecution and any criminal elements.
The remainder of this webpage will help to guide any Hawaii residents through an intimate look at the laws that affect them and their ability to gamble, as well as help to guide them toward the safest possible means of gambling within their home state.
Legality of Gambling in Hawaii
When talking about gambling in Hawaii, there is a great grey elephant (or maybe in this case a great white shark) in the room that needs to be gotten out of the way: in the strictest terms in accordance with state legislature, it is illegal to gamble in Hawaii. Chapter 712-1220 section 4 of Hawaii state code defines the act of “gambling” as when one “stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence.”
This is an all-inclusive definition of the term “gambling,” which easily touches on both sports betting and casino games. Based on the phrasing of the law, some states attempt to exonerate poker, arguing its classification as a game of skill rather than of chance, but the lawmakers in Hawaii do not see it that way. In accordance with chapter 712-1223 of Hawaii law, the crime of gambling is a misdemeanor that can lead to a fine as high as $2000 and a jail sentence of up to one year.
However, there is good news. To get to the good news, we must understand the spirit and intent of the gambling laws in Hawaii. While it’s true that one person betting or wagering independently is guilty of this crime, the intent of the law has always been to punish larger, organized crime syndicates. A brief perusal of Hawaii’s history books will confirm what one may already suspect – in the entire history of the state, there has never been a single arrest solely for the charge of gambling, meaning that as long as one finds a safe and discrete means of gambling, the state of Hawaii will leave them well enough alone.
This should not be taken to mean that all gambling related offenses in the state of Hawaii are completely safe from prosecution. If one is found guilty of “promoting gambling,” they will not only face an enthusiastic law enforcement agency, but much harsher penalties for the crime. While dealing in sums totaling less than $500 in a seven day period will face a charge of promoting gambling in the second degree which, as outlined in section 712-1222 is the same penalty as “gambling,” is far more likely to actually be prosecuted and cited. If one is found to be “promoting gambling” with the money involved totaling over $500, they will be found guilty of promoting gambling in the first degree. This charge is a class C felony which, in addition to staying on a criminal record throughout the lifetime of the defendant, can lead to a $5000 fine and up to five years in prison as stated in section 712-1221 of Hawaii state code.
No matter what happens, Hawaii residents should be incredibly careful to avoid a charge for “promoting gambling” as states in Hawaii gambling laws.
Difference Between Gambling and Promoting Gambling
Fortunately, these two acts are as distinct as the penalties that separate them. In order for “gambling” to take place, at least two parties are needed. The first party needs to place a bet on a future event or game of chance. This person is, according to the state of Hawaii, “gambling.” The second person, the one who takes the gambler’s money and operates the game or keeps track of the event is enabling him to do so, and thus “promoting gambling.”
However, it’s not as though the Hawaii state police are knocking down doors looking for Joe down the street who hosts a poker night in his house the third Friday of every month. There is one more important stipulation that one must meet to be guilty of “promoting gambling:” the guilty party must profit from the gambling.
To be clear, this does not mean that through a series of wise bets or wagers or skill playing poker that the offender came out ahead at the end of the night, this means that they were in a position to profit from the gambling regardless of whether they bet or not. Some popular means of doing this include but are not limited to selling food or drink for a profit during a game, operating a sportsbook in which the operator assumes responsibility for collecting and paying out money, usually at a profit to themselves, charging admission for the privilege to play in a game, operating any casino game as the “house” who always has the best chance at winning or finally, collecting a “rake” from a game of poker, which is a small percentage of each pot given to the house as profit.
As one can imagine, it’s hard to do any of these things inadvertently. This being the case, so long as a resident of Hawaii avoid these specific actions, they will avoid any legal attention centered on their gambling hobby. The rules of “Promoting gambling” apply on land as well as to internet gaming sites.
Laws About Gambling In Hawaii
Hawaii Sports Betting Laws
In 1992, the federal government passed the Professional and Amateur Sports Protection Act (or PASPA) which prohibited states from sanctioning any sports betting within their borders. Four states were grandfathered an exception to this law, but Hawaii was not one of them. While the PASPA is currently under fire, it would be impossible for the state of Hawaii to sanction sports betting so long as the law exists in its current form.
This has caused thousands of Hawaii residents to turn to legal online sportsbooks in the stead of land based betting facilities. By virtue of operating overseas and well outside the jurisdiction of both federal and Hawaii law, these sportsbooks are able to provide Hawaii residents with a viable method of meeting all their betting needs.
Hawaii Casino Gaming Laws
With a plethora of sunny beaches and crystal clear water perfect for everything from snorkeling, to surfing to just enjoying being around, it’s hard to feel too bad for Hawaii residents when it comes to where they live. That’s why most avid gamblers “stuck” living in Hawaii are going to have a hard time drumming up much sympathy from the general public, even when they explain that there are no sanctioned casinos for them to visit in their home state. The Hawaiian Islands host nary a building where one can toss some dice or lay down cards for money, and for some, it’s a heartbreaking prospect, but no one is going to listen.
Fortunately, there are plenty of online casinos for Hawaii residents that are open for membership. Using these legitimate websites and understanding Hawaii gambling laws, residents may gamble on everything from virtual slot machines to even virtual scratch off cards, which is good, because it’s as close as they can get. The state of Hawaii does not even offer a lottery.
Hawaii Poker Laws
Poker is by far the most popular means of gambling in the United States. As such, many states write special exceptions for poker games into their legislation, allowing for special standalone poker rooms even if there are no state sanctioned casinos. Hawaii is not such a state, leaving poker fans who crave a live, casino environment out in the cold. Or, in this case, out in the gorgeous island breeze.
However, as poker is the rare case of a game that can be enjoyed just as much from home as from a casino, players are free to enjoy a private games amongst friends or the sanctity of a quiet night in playing online poker.
Legal Gambling Age In Hawaii
Quick, what’s one advantage to there being no sanctioned gambling in a state? Easy, there is no legal gambling age. Through the use of legal offshore gambling sites, Hawaii residents may sign up to gamble online with no fear of penalties for being under 21.
These websites will require a member be 18 to sign up, and adhering to this is highly recommended. If any of these websites find account information to be fraudulent, the account will be deleted and all funds associated with the account including and deposits and winnings will be forfeit.
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General |
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Lottery |
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Casinos |
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Poker |
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Pari-Mutuel |
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Bingo |
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Gambling Options For Hawaii Residents
On-Land:
Unfortunately, when it comes to sanctioned gambling, the Hawaiian Islands have nothing to offer. With no sanctioned or tribal casinos in sight and no neighboring states within an easy hop, avid gamblers in Hawaii appear to be stranded if their only hope is to gamble in a live casino setting. If one wants to hit the felt for real and play some poker, they need to be active in their social lives and get some friends together.
Online/Web-Based:
Due to the lack of options on land for gambling in Hawaii, the islands are incredibly active in legal online gambling. Through the use of offshore websites located well outside of US and Hawaii jurisdiction, Hawaii residents may gamble safely and discretely with legal enterprises that will surely take care of their money.
All of these websites have devoted followings with customer endorsements a mile long and certifications from gaming commissions that not only ensure fair play and odds for all members of the website, but a secure financial network that guarantees all payouts will arrive safely, efficiently, and speedily.
Hawaii Online Gambling Sites
Bovada Sportsbook
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Recommended Hawaii Gambling Sites
Disclaimer - Getting More Help
While we here at HawaiiGamblingLaws.com are confident in the information we presented here, we are not legal professionals and therefore this cannot be considered a consultation. If you'd like more info about Hawaii gambling laws, visit this link to read the statutes for yourself.