States / Utah
Utah
- Utah is one of only two states, with Hawaii, that has no legal, state-authorized form of gambling.
- The Constitution bars the Legislature from authorizing games of chance, and state law makes gambling and online gambling crimes with no carve-outs.
- A federal judge ruled in August 2026 that Utah may enforce its gambling laws against Kalshi, and sweepstakes casinos face class-action suits.
More detail
- Legal framework. Utah's Constitution (Art. VI, §27) bars the Legislature from authorizing any game of chance, lottery, or gift enterprise. Utah Code §76-9-1401 et seq. makes gambling, fringe gambling, and online gambling crimes. It was recodified in 2025 from former §76-10-1101 et seq.
- Legal gambling. The law has no carve-outs for commercial casinos, tribal gaming, a state lottery, charitable bingo or raffles, sports betting, or sweepstakes casinos. Utah and Hawaii are the only two U.S. states with no legal, state-authorized form of gambling.
- Prediction markets. In 2026 the Legislature passed HB 243 to bring prediction-market "proposition bets" explicitly within the gambling definition. Kalshi sued state officials to block enforcement. A federal judge ruled in August 2026 that Utah may enforce its gambling laws against the company.
- Online casinos and sweepstakes. A private civil cause of action allowing 2x damages (§76-9-1412) has fueled a wave of class-action suits against sweepstakes-casino operators.
Reviewed Oct 10, 2026 · 19 sources
Legal status
LiveLegal, not launchedLimitedContestedProhibitedNot authorizedRepealedNA
| Vertical | Status | Launched | Model | Details |
|---|---|---|---|---|
| Sports (online) | Prohibited | Online sports wagering is "online gambling" under §76-9-1401(14); offering it to a Utah resident is a 3rd-degree felony under §76-9-1404. Utah Const. art. VI, §27; Utah Code §76-9-1402; Utah Code §76-9-1404 [1],[2],[3] | ||
| Sports (retail) | Prohibited | No carve-out exists for in-person sports wagering; any sports bet is "gambling" under §76-9-1401(8). Utah Const. art. VI, §27; Utah Code §76-9-1401; Utah Code §76-9-1402 [1],[4],[2] | ||
| Online casino | Prohibited | Online casino games are "online gambling"; no licensing framework exists. Utah Code §76-9-1402; Utah Code §76-9-1404 [2],[3] | ||
| Online poker | Prohibited | Peer-to-peer online poker is still "gambling" (risking value on a chance-based outcome for return) and "online gambling" if played via internet. Utah Code §76-9-1402; Utah Code §76-9-1404 [4],[3] | ||
| Commercial casinos | Prohibited | No commercial casino has ever operated in Utah; permitting gambling on owned/controlled property is itself a crime. Utah Const. art. VI, §27; Utah Code §76-9-1403 [1],[5] | ||
| Tribal casinos | Prohibited | Utah has no Class II or Class III tribal gaming facility; a 2026 law-review survey identifies Utah as one of two states that prohibit gaming entirely, which under IGRA's parity requirement leaves tribes with no class of gaming to negotiate. Utah Const. art. VI, §27 [6] | ||
| Lottery | Prohibited | The constitutional ban on any "lottery" run or authorized by the state has never been repealed; a 2024 resolution to allow a state lottery (H.J.R. 24) died in the House. Utah Const. art. VI, §27 [1],[7] | ||
| iLottery | Prohibited | No state lottery exists to sell tickets online.[1] | ||
| Daily fantasy | Not authorized | No Utah statute specifically authorizes or bans peer-to-peer daily fantasy sports; DFS operators (DraftKings, FanDuel) continue to offer contests to Utah users on the theory that outcomes are skill-based, which is untested in Utah courts.[4],[8] | ||
| VGTs / VLTs | Prohibited | Video gaming terminals meet the statutory "video gaming device" definition; allowing one to be used in a business establishment is "permitting gambling," a misdemeanor (felony on repeat). Utah Code §76-9-1401; Utah Code §76-9-1403 [4],[5] | ||
| Historical horse racing | Prohibited | HHR terminals meet the statutory definition of "video gaming device" (chance-based payout, not substantially skill-affected); possessing or operating one is a crime. Utah Code §76-9-1401 [4],[9] | ||
| Sweepstakes casinos | Prohibited | Utah has no stand-alone "sweepstakes casino ban" act; dual-currency sweepstakes casinos are captured by the existing "fringe gambling," "fringe gaming device," and "sweepstakes" definitions, reinforced by 2019's HB 23 (fringe-gambling loophole closure) and the 2025 recodification's anti-circumvention language. The §76-9-1412 civil cause of action (2x economic-loss damages) triggered dozens of federal class-action suits against sweepstakes operators in late 2025. Utah Code §76-9-1401; Utah Code §76-9-1402; Utah Code §76-9-1412 [4],[10],[11],[12] | ||
| Prediction markets | Contested | HB 243 (2026) added "proposition bet" ("a gambling bet on an individual action, statistic, occurrence, or non-occurrence") to the statutory definition of gambling, targeting CFTC-registered sports event contracts. Kalshi preemptively sued Utah officials in federal court (Feb. 2026) seeking to block enforcement on CFTC-preemption grounds; a federal judge ruled in August 2026 that Utah may enforce its gambling laws against Kalshi, though AG Derek Brown had not announced enforcement steps as of that ruling and Kalshi's contracts remained available to Utah users. The August 2026 ruling was itself the Utah federal district court, not the Tenth Circuit; the Tenth Circuit (unlike the pro-Kalshi Third Circuit [NJ, Apr. 2026] or the anti-Kalshi Sixth Circuit [Sept. 2026] and Ninth Circuit [Nev., Aug. 2026]) had not issued its own appellate ruling on Kalshi/CFTC-preemption litigation as of Oct. 2026. Utah Code §76-9-1401; Utah Code §76-9-1401 (as amended by HB 243, 2026) [13],[14],[15] | ||
| Skill games | Prohibited | "Skill-based game" is defined in §76-9-1401(18), but the statute's "video gaming device" and "fringe gaming device" definitions (and their anti-circumvention clauses targeting devices that "seek to avoid application or circumvent this part or Utah Constitution, Article VI, Section 27") sweep in chance-plus-skill "grey machines" regardless of a skill claim; possessing such a device for gambling use is a crime. Utah Code §76-9-1401; Utah Code §76-9-1407 [4],[9] | ||
| Card rooms | Prohibited | No stand-alone poker/card rooms exist; hosting gambling on a property is "permitting gambling." Utah Code §76-9-1402; Utah Code §76-9-1403 [2],[5] | ||
| Lottery couriers | Prohibited | Third-party sale/delivery of lottery tickets (including other states' lottery tickets) within Utah falls within the "lottery"/"gambling" definitions; no courier operates legally in-state. Utah Code §76-9-1401; Utah Code §76-9-1402 [4],[2] | ||
| Pick'em fantasy | Not authorized | Player-vs-house pick'em fantasy products (e.g., PrizePicks, Underdog) operate in Utah in the same unregulated gray area as peer-to-peer DFS; no Utah enforcement action against pick'em operators has been identified as of this review.[4],[8] | ||
| Pari-mutuel | Prohibited | Utah has legal horse racing but wagering on races (live or simulcast) is prohibited; voters rejected a 1958 initiative to allow pari-mutuel wagering, and SB 156 (2025), which would have created a Pari-mutuel Horse Racing Commission, failed in the Senate 13-14-2. Utah Const. art. VI, §27 [16],[17] | ||
| Advance deposit wagering | Prohibited | SB 156 (2025) would have authorized advance deposit pari-mutuel wagering; it failed on the Senate floor, so ADW remains unauthorized.[17] | ||
| Charitable gaming | Prohibited | The statutory "lottery" definition expressly includes a "raffle" or "gift enterprise" by whatever name; Utah has no charitable-gaming exemption for bingo, raffles, or pull-tabs. Utah Code §76-9-1401; Utah Code §76-9-1402 [4],[2] | ||
| Esports betting | Prohibited | Wagering on esports outcomes is "gambling" (risking value on a chance-influenced contest outcome for return) under the same general ban as sports wagering. Utah Code §76-9-1401; Utah Code §76-9-1402 [4],[2] | ||
| Social casino | Live | Free-to-play social casino apps with no cash-redeemable prize fall outside the "gambling" and "fringe gambling" definitions (which require a prize/return of value), so they operate unregulated; several sweepstakes-casino operators sued in Utah in 2025 marketed themselves as this category before being targeted under the dual-currency sweepstakes definition instead.[4],[12] |
Sports betting in Utah: status, tax rate, sportsbooks and bills →
Tax rates
No gaming taxes recorded.
Rules and requirements
Casinos
Legislation
- Summary of significant pending gambling legislation this session
- HB 243 (2026, enacted) clarified prediction-market proposition bets as gambling; Kalshi v. Utah federal litigation over CFTC preemption was ongoing as of this review; SB 156 (2025), which would have legalized pari-mutuel wagering, failed in the Senate.[13],[14],[17]
Lottery
- Third-party lottery couriers permitted
- No[4]
Notes
- Free-text notes that fit no other field
- Utah and Hawaii are the only two U.S. states with no legal, state-authorized form of gambling of any kind. (from 1896)[6],[12]
- Free-text notes that fit no other field
- Utah has legal horse racing, but betting on races (live or simulcast) is prohibited; a 1958 ballot initiative to permit pari-mutuel wagering was defeated 62%-38%, and a 2025 bill to create a Pari-mutuel Horse Racing Commission failed in the Senate. (from Nov 4, 1958)[16],[17]
- Free-text notes that fit no other field
- Title 76, Chapter 10's gambling part (former §76-10-1101 et seq.) was renumbered without substantive change to Title 76, Chapter 9, Part 14 (§76-9-1401 et seq.) by HB 21, the 2025 Criminal Code Recodification, effective 5/7/2025. (from May 7, 2025)[18]
- Free-text notes that fit no other field
- Civil cause of action under §76-9-1412 lets anyone who loses money to a gambling/fringe-gambling device sue the operator for 2x the economic loss plus costs and attorney fees; this drove dozens of federal class-action suits against sweepstakes-casino operators (Modo, Stake, VGW, McLuck, etc.) filed in Utah in late 2025. (from Nov 2025)[10],[12]
- Free-text notes that fit no other field
- No Utah statute explicitly authorizes or bans daily fantasy sports; major DFS and pick'em operators continue to serve Utah residents in an unregulated gap between the 'skill' and 'chance' elements of the gambling definition. (from Oct 10, 2026)[8]
Online poker
- Member of the Multi-State Internet Gaming Agreement (MSIGA)
- No[2]
Prediction markets
- Summary of the state's action against sports event contracts (C&D
- HB 243 (2026) added 'proposition bet' to the statutory gambling definition; Kalshi sued Utah officials pre-emptively in Feb. 2026; a federal judge ruled in Aug. 2026 that Utah may enforce its gambling laws against Kalshi, but no formal enforcement action had been announced.[13],[14],[15]
Skill games
- Summary of skill-game legal status/litigation
- Defined in statute but not exempted; 'video gaming device' and 'fringe gaming device' definitions include anti-circumvention language reaching devices designed to avoid the gambling ban via a skill claim.[4]
Sports betting rules
- Online sports wagering available statewide (not tethered to premises)
- No[2]
Sweepstakes
- Effective date of sweepstakes casino ban
- 2025-05-07Effective date of the recodified gambling definitions (incl. "sweepstakes" and anti-circumvention provisions) now at §76-9-1401; the underlying prohibition traces to the 1896 constitutional ban and 2019's fringe-gambling amendment.[4]
- Statute or regulator action specifically bans dual-currency online sweepstakes casinos
- YesNot a single named "ban" act; achieved via the existing "fringe gambling"/"gambling"/"sweepstakes" definitions in §76-9-1401, reinforced by 2019's HB 23 and the 2025 recodification's anti-circumvention clauses.[4],[11]
Economy
- Adults 21 and over
- 2.4M (2024; 3.5M residents)
- Gambling taxes collected
- $0 in FY2025 · 0% of all state taxes
Gambling taxes collectedState fiscal years
$1FY2013FY2016FY2019FY2022FY2025$0
Census Bureau tax collections on amusements and pari-mutuel wagering. Most states book casino, sports betting and video gaming taxes here; amusement taxes can also include admissions taxes unrelated to gambling.
Taxes by fiscal year
| Fiscal year | Amusement taxes | Pari-mutuel taxes | Share of state taxes |
|---|---|---|---|
| FY2025 | — | — | 0.00% |
| FY2024 | — | — | 0.00% |
| FY2023 | — | — | 0.00% |
| FY2022 | — | — | 0.00% |
| FY2021 | — | — | 0.00% |
| FY2020 | — | — | 0.00% |
| FY2019 | — | — | 0.00% |
| FY2018 | — | — | 0.00% |
| FY2017 | — | — | 0.00% |
| FY2016 | — | — | 0.00% |
Sources: U.S. Census Bureau, Vintage 2025 Population Estimates: Annual Estimates of the Resident Population for the United States, States (NST-EST2025-ALLDATA); U.S. Census Bureau, Annual Survey of State Government Tax Collections (STC): Historical Dataset
Timeline
- Aug 2026 · Court Ruling · Prediction marketsFederal judge rules Utah may enforce its gambling statutes against Kalshi's prediction-market contracts[15]
- Mar 25, 2026 · Restricted · Prediction marketsGovernor signs HB 243, adding "proposition bet" to the statutory definition of gambling[13]2026 Utah Laws, Chapter 410 (H.B. 243)
- Feb 23, 2026 · Cease And Desist · Prediction marketsKalshi sues Utah Gov. Cox, AG Brown, and other officials in federal court to block anticipated gambling-law enforcement[14]
- Nov 2025 · Enforcement Action · Sweepstakes casinosMore than two dozen federal class-action suits against sweepstakes-casino operators filed in Utah, leveraging the §76-9-1412 double-damages cause of action[12]
- May 7, 2025 · OtherCriminal Code Recodification (HB 21) renumbers Title 76's gambling provisions from §76-10-1101 et seq. to §76-9-1401 et seq. without substantive change[18]2025 Utah Laws, Chapter 173 (H.B. 21)
- Mar 5, 2025 · Other · Pari-mutuelSB 156, which would have created a Pari-mutuel Horse Racing Commission and legalized wagering, fails in the Senate 13-14-2[17]2025 S.B. 156 (Utah)
- Mar 1, 2024 · Other · LotteryH.J.R. 24, proposing a constitutional amendment to let the Legislature authorize a state lottery, dies in the House[7]2024 H.J.R. 24 (Utah)
- Mar 12, 2020 · Restricted · Sweepstakes casinos1st Sub. S.B. 214, 'Gambling Machine and Sweepstakes Amendments,' transmitted for signature[19]2020 S.B. 214 (Utah)
- Feb 1, 2019 · Prohibited · Skill gamesUtah House passes HB 23, closing a loophole for slot machine-like "fringe gambling" devices in convenience stores[11]2019 H.B. 23 (Utah)
- Nov 4, 1958 · Ballot Measure · Pari-mutuelVoters defeat Initiative A, which would have permitted pari-mutuel horse-race wagering and created a State Racing Commission[16]
- 1896 · ProhibitedUtah's constitution bars the Legislature from authorizing any lottery or game of chance at statehood[1]Utah Const. art. VI, §27
Regulators
- Utah Office of the Attorney General — Sports (retail), Sports (online), Online casino, Online poker, Commercial casinos, Tribal casinos, Card rooms, Lottery, iLottery, Lottery couriers, Daily fantasy, Pick'em fantasy, Pari-mutuel, Advance deposit wagering, Historical horse racing, Sweepstakes casinos, Prediction markets, Skill games, Charitable gaming, VGTs / VLTs, Esports betting
Sources
- Utah Constitution, Article VI, Section 27 (Games of chance not authorized) · Utah State Legislature · statute · retrieved Oct 10, 2026
“The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose.”
- Utah Code Section 76-9-1402. Participating in gambling · Utah State Legislature · statute · retrieved Oct 10, 2026
“An actor commits participating in gambling if the actor participates in: (a) gambling; (b) fringe gambling; or (c) online gambling.”
- Utah Code Section 76-9-1404. Online gambling promotion · Utah State Legislature · statute · retrieved Oct 10, 2026
“An actor commits online gambling promotion if the actor intentionally provides or offers to provide a form of online gambling to an individual in this state.”
- Utah Code Section 76-9-1401. Definitions (Gambling) · Utah State Legislature · statute · retrieved Oct 10, 2026
“"Gambling" means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome is based on an element of chance”
- Utah Code Section 76-9-1403. Permitting gambling · Utah State Legislature · statute · retrieved Oct 10, 2026
“An actor commits permitting gambling if the actor knowingly permits gambling or fringe gambling to be played, conducted, or dealt upon or in real or personal property”
- Cianne Wallin, High Stakes and Holy Land: Mormonism, IGRA, and the Gamble on Tribal Gaming in Utah, 16 UNLV Gaming L.J. 251 (2026) · UNLV William S. Boyd School of Law (UNLV Gaming Law Journal, not Nevada Law Journal) · secondary · retrieved Oct 10, 2026
“Utah is one of two states that prohibit gaming entirely. Hawaii also does not allow any form of gambling”
- H.J.R. 24, Proposal to Amend Utah Constitution - Lotteries (2024 General Session) · Utah State Legislature · bill · retrieved Oct 10, 2026
“The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose, except that the Legislature may authorize, by statute, a lottery operated by the State.”
- Which States Allow Daily Fantasy Sports Sites? · Legal Sports Report · secondary · retrieved Oct 10, 2026
“Utah: Almost all sites operate in this state.”
- Utah Code Section 76-9-1407. Possessing a gambling device or record · Utah State Legislature · statute · retrieved Oct 10, 2026
“An actor commits possessing a gambling device or record if the actor knowingly possesses a gambling device or record; and intends to use [it] in gambling or fringe gambling.”
- Utah Code Section 76-9-1412. Cause of action · Utah State Legislature · statute · retrieved Oct 10, 2026
“An individual who brings suit under Subsection (1) may recover twice the amount of the economic loss described in Subsection (1).”
- House passes bill outlawing 'fringe gambling' · Deseret News · press · retrieved Oct 10, 2026
“This bill is meant to ensure there is no gambling in the state of Utah, McKell said.”
- Minnesota Orders Sweepstakes Casinos to Cease, Utah Fields Class-Action Suits · Public Gaming Research Institute · secondary · retrieved Oct 10, 2026
“Utah is among the most restrictive states when it comes to gaming. The home of the Mormon Church, Utah has no legal form of gambling.”
- H.B. 243, Gambling Revisions (2026 General Session) · Utah State Legislature · bill · retrieved Oct 10, 2026
“This bill clarifies that a proposition bet falls within the definition of gambling”
- Kalshi Sues Utah, Expanding State-by-State Legal Fight · Covers.com · press · retrieved Oct 10, 2026
“repeatedly said [the platform] is operating illegally under Utah's anti-gambling laws”
- Utah Becomes Eighth State to Gain Authority to Ban or Restrict Kalshi's Prediction Markets · BettorsInsider · press · retrieved Oct 10, 2026
“clears the path for state regulators to act whenever they choose”
- Utah Initiative A, Permit Horse Race Betting Measure (1958) · Ballotpedia · secondary · retrieved Oct 10, 2026
“Shall a law be enacted permitting parimutuel wagering at horse racing meets and creating a State Racing Commission.”
- S.B. 156, Pari-mutuel Horse Racing (2025 General Session) — Bill Status · Utah State Legislature · bill · retrieved Oct 10, 2026
“3/5/2025 9:01 PM Senate/ failed Senate Secretary 13-14-2”
- H.B. 21, Criminal Code Recodification and Cross References (2025 General Session) · Utah State Legislature · bill · retrieved Oct 10, 2026
“This bill modifies criminal provisions in Title 76, Utah Criminal Code, by redrafting offense statutes into a new structure... including offenses concerning... gambling and related offenses”
- House Transmittal Letter, 1st Sub. S.B. 214 (2020 General Session) · Utah House of Representatives · government other · retrieved Oct 10, 2026
“The Speaker of the House has signed 1st Sub. S.B. 214, GAMBLING MACHINE AND SWEEPSTAKES AMENDMENTS, by Senator K. Mayne”