The State of Montana has modified its laws, somewhat recently, to make it clear that Internet Gambling can fall under the state’s definition of unlawful wagering under 23-5-112:

(20) "Illegal gambling enterprise means a gambling enterprise that violates or is

not specifically authorized by a statute or a rule of the department. The term includes:

  • a card game, by whatever name known, involving any bank or fund from
  • which a participant may win money or other consideration and that receives money or
  • other consideration lost by the participant and includes the card games of blackjack,
  • twenty-one, jacks or better, baccarat, or chemin de fer;
  • a dice game, by whatever name known, in which a participant wagers on the
  • outcome of the roll of one or more dice, including craps, hazard, or chuck-a-luck, but not
  • including activities authorized by 23-5-160;
  • sports betting, by whatever name known, in which a person places a wager
  • on the outcome of an athletic event, including bookmaking, parlay bets, or sultan sports
  • cards, but not including those activities authorized in Title 23, chapter 4, and parts 2, 5,
  • and 8 of this chapter;
  • credit gambling; and
  • internet gambling."

(21) (a) "Internet gambling, by whatever name known, includes but is not limited to the conduct of any legal or illegal gambling enterprise through the use of communications technology that allows a person using money, paper checks, electronic checks, electronic transfers of money, credit cards, debit cards, or any other instrumentality to transmit to a computer information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes, or other similar information."

When it comes to monies lost to unauthorized forms of gambling, individuals can theoretically recover those monies as well as exemplary damages of $500-$5,000 by filing suit within one year of turning over the monies the individual lost to the winner. An individual’s spouse or guardian also has the right to do the same.  

The fines and theoretical prison terms for someone violating the statutes both increase dependent on how many previous violations an individual has, but a first time violation is a misdemeanor and carries with it a fine of $500, or less, with no stipulation for imprisonment.  

Daily Fantasy Sports are currently illegal in Montana.

While gambling online is pretty clearly illegal under the statutes of Montana, I’m going to stop just short of ranking the state as, ‘Banned,’ because they seem to take very little interest in prosecuting mere players at any form of gambling and any enforcement efforts are focused on operators.



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