Is Online Gambling Legal in NY? What New York Law Allows in 2026
Short answerPartly. Gambling is banned in New York except forms the state constitution allows, such as the lottery, horse racing and casinos. Online, only licensed sports betting, fantasy sports, horse wagering and lottery are legal, under NY Constitution Art. I, § 9. Online casinos are not.
Last verified: October 28, 2026 against NY Constitution Art. I, § 9, Penal Law Article 225, Racing, Pari-Mutuel Wagering and Breeding Law § 912 and New York State Gaming Commission guidance
Is online gambling legal in NY? Only in a few licensed forms. New York State lets adults bet on sports through licensed apps, play the lottery, wager on horse races and gamble at authorized casinos. Most other online gambling, including online casino games, is unlawful.
This page explains which kinds of gambling are legal in New York, what the Gaming Commission says about apps and websites, and where the criminal law applies. It is general information, not advice, and it does not recommend any operator.
Key facts
- Rule: the constitution bans all gambling except state lotteries, pari-mutuel horse betting and casino gambling at no more than seven facilities.
- Legal online: licensed sports wagering, licensed interactive fantasy sports, horse race wagering, charity raffles and lottery through licensed channels.
- Not legal online: online casinos, sweepstakes casinos, prediction markets and offshore sites, per the Gaming Commission.
- Regulator: New York State Gaming Commission.
- Pending: bill
S2614would license online casino games. It has not passed.
Is gambling legal in New York?
Yes, but only in forms the constitution allows. New York Constitution Article I, § 9 says no lottery, pool-selling, bookmaking or any other kind of gambling is allowed, with exceptions for state-run lotteries, pari-mutuel betting on horse races, and casino gambling at no more than seven facilities as the legislature authorizes.
What kinds of gambling are legal in NY?
| Type | Legal in New York? | Notes |
|---|---|---|
| State lottery | Yes | Run by the state, including Mega Millions and Powerball draws sold through licensed agents |
| Commercial casinos | Yes | Licensed by the Gaming Commission, with new downstate licenses approved in December 2025 |
| Tribal casinos | Yes | Run by federally recognized tribes under federal Indian gaming law |
| Horse racing | Yes | Pari-mutuel betting, including licensed online advance deposit wagering |
| Sports betting | Yes | 21 and older, through licensed casinos and mobile apps |
| Charity raffles and bingo | Yes, if authorized | Authorized charities and local rules under General Municipal Law |
| Online casino games | No | Not licensed; the Commission calls them unlawful |
| Offshore betting sites | No | Not licensed in New York |
The three downstate casino licenses were approved by the state Gaming Facility Location Board in early December 2025 for Resorts World in Queens, Metropolitan Park in Queens and Bally’s in the Bronx, with final Gaming Commission approval following that month.
Is online betting legal in New York?
Yes, but only with a licensed operator. Mobile sports wagering has been legal since January 8, 2022, and you must be 21 or older and physically in New York. See our pages on sports betting in New York and which sportsbooks are legal for the details, and use sports betting apps only if they are on the Commission’s licensed list.
The Gaming Commission names the lawful online options: sports wagering with licensed operators, advance deposit wagering on horse racing, online raffles by authorized charities, interactive fantasy sports by licensed providers, and lottery purchases through the NY Lottery subscription program or licensed couriers.
Is online gambling legal in NY for casino games?
No. New York has no license for online slots, blackjack or roulette. The Commission says everything outside its lawful list is unlawful, and it names online casinos, including ones that claim to be sweepstakes, prediction markets and offshore sites.
Sweepstakes casinos got a specific ban. Governor Hochul signed S5935A on December 5, 2025 as Chapter 605 of 2025. It added Racing, Pari-Mutuel Wagering and Breeding Law § 912, with fines of $10,000 to $100,000 per violation for operators and suppliers. It took effect immediately. Our page on online poker in NY covers sweepstakes poker sites.
Pending bill: S2614, introduced by Senator Joseph Addabbo Jr., would authorize interactive gaming and tax licensees at 30.5 percent. Its last recorded action was a referral to the Senate Racing, Gaming and Wagering Committee on January 7, 2026. It has not passed, so online casinos remain unlawful.
Is Jackpocket legal in NY?
A licensed lottery courier is lawful. The Commission lists lottery tickets bought through licensed online couriers as a lawful online option, and Jackpocket is one of the courier apps that sells New York Lottery tickets. It is not an online casino.
Is gambling illegal in New York for players?
The criminal law mainly targets people who run or profit from unlawful gambling. Penal Law § 225.00 defines a “player” as someone who gambles solely as a contestant or bettor and gets no profit beyond personal winnings. Article 225 then punishes those who advance or profit from gambling.
| Offense | What it covers | Level and sentence |
|---|---|---|
Promoting gambling, second degree (Penal Law § 225.05) | Knowingly advancing or profiting from unlawful gambling | Class A misdemeanor, up to 364 days in jail (Penal Law § 70.15) |
Promoting gambling, first degree (Penal Law § 225.10) | Bookmaking above five bets totaling over $5,000 in a day, or lottery schemes above set limits | Class E felony, up to 4 years in prison (Penal Law § 70.00) |
Possession of a gambling device (Penal Law § 225.30) | Knowingly possessing devices such as slot machines, with exceptions | Class A misdemeanor |
What are the New York City rules?
New York City follows state law. A licensed sports app works in all five boroughs, and Resorts World New York City in Queens is a licensed gaming facility. The city has no separate gambling license.
Timeline of New York gambling law
- November 5, 2013: voters approve the constitutional amendment allowing casino gambling at up to seven facilities.
- January 8, 2022: mobile sports betting launches.
- June 6, 2025: the Attorney General announces 26 sweepstakes platforms stopped selling coins in New York.
- December 5, 2025: Chapter 605 of 2025 bans online sweepstakes games.
- December 2025: three downstate casino licenses are approved.
- January 7, 2026:
S2614is referred to committee.
Frequently asked questions
Is gambling legal in NY?
Partly. The constitution bans gambling except the lottery, horse racing and casinos at no more than seven facilities. Sports betting and a few other online forms are legal through state licenses. Anything outside those categories is unlawful gambling.
Is online betting legal in New York?
Yes, with a licensed operator. Sports wagering, horse race wagering through licensed providers and licensed fantasy sports are lawful. Betting through an offshore site or an unlicensed app is not, according to the Gaming Commission.
Is betting legal in NY on college games?
Partly. You can bet on college games with no New York college team in the event. Events involving a New York college team are banned wherever played, and high school sports are off limits.
Is gambling illegal in New York if I play on an offshore site?
The Commission calls offshore sites unlawful, and they owe New York players no protections. The Penal Law targets those who advance or profit from gambling, but you risk losing your money with no recourse, so use licensed operators only.
When will online casinos become legal in New York?
No date is set. Bill S2614 would license online casino games but has not passed either house. Until a law is signed, online slots and table games remain unlawful, and the Commission says to avoid them.
What changed on this page
- October 28, 2026: first publication, checked against NY Constitution Art. I, § 9, Penal Law Article 225,
Racing Law § 912, billS2614and Gaming Commission guidance. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For a complaint about a licensed operator, contact the New York State Gaming Commission. For a gambling charge, talk to a New York-licensed criminal defense attorney, and the New York State Bar Association lawyer referral service can help you find one. For free, confidential help with problem gambling, call 1-877-8-HOPENY (1-877-846-7369). Browse more topics in our gambling and betting section.
