The State of Nebraska specifically prohibits the, ‘Advancement of Gambling Activity,’ with 28-1101(1) of their code, however, that section of the code focuses on operators on unlawful forms of gambling rather than on players. However, the provisions of the statute also mentions, ‘Engaging in gambling,’ in section 28-1101(4) which can merely mean making a bet in any way that is not specifically allowed elsewhere in the statute.
Sections 28-1103 and 28-1104 deal with, “Promoting Gambling,” which is something that one can actually do as a player by making bets exceeding certain amounts with the cutoff being $300 per day:
28-1103 Promoting gambling, second degree; penalty.
(1) A person commits the offense of promoting gambling in the second degree if he or she knowingly advances or profits from any unlawful gambling activity by:
- Engaging in bookmaking to the extent that he or she receives or accepts in any one day one or more bets totaling less than one thousand dollars;
- Receiving, in connection with any unlawful gambling scheme or enterprise, less than one thousand dollars of money played in the scheme or enterprise in any one day; or
- Betting something of value in an amount of three hundred dollars or more with one or more persons in one day.
(2) Promoting gambling in the second degree is a Class II misdemeanor.
28-1104 Promoting gambling, third degree; penalty.
(1) A person commits the offense of promoting gambling in the third degree if he or she knowingly participates in unlawful gambling as a player by betting less than three hundred dollars in any one day.
(2) Promoting gambling in the third degree is a Class IV misdemeanor.
With respect to Class II Misdemeanors, they can result in up to six months in jail, fines of up to $1,000, or both. Class IV Misdemeanors result in a fine only ranging from $100-$500.
However, there does not appear to be anything in Nebraska laws that specifically targets online gambling. Even with that, though, reading the plain language of the law leads one to the conclusion that online gambling, even as a player, is technically illegal in the state.
There have been arrests in Nebraska for possession of illegal gambling devices and promoting gambling.
However, I can find no record of any arrests of a mere player engaged in gambling online occurring, and it is quite likely that none ever have or ever will.
In conclusion, based on the statutory language, gambling online is probably technically illegal in the state, and depending on how much an individual makes in wagers per day, could carry with it significant penalties. Furthermore, a bill to specifically legalize and regulate Daily Fantasy Sports has also died a Legislative death for the time being, so we will conclude that Online Gambling is moderately restricted.
FINAL RANKING: Moderate-11
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