Idaho Statewide Rule

Idaho Constitution Bans Sports Betting Statewide

Heavy RestrictionsApplies statewide across Idaho (2026)

Key Facts

Governing provision: Idaho Const. art. III, § 20
Legal exceptions: State lottery, pari-mutuel racing, charitable bingo/raffle only
Statutory definition: Idaho Code § 18-3801 names "sporting event" explicitly
Classification: Misdemeanor under Idaho Code § 18-3802(2)
Maximum penalty: 6 months jail and/or $1,000 fine, § 18-113
Path to change: Requires a constitutional amendment, not just a new law

Last verified: August 21, 2026

Summary

Idaho's constitution permits only three narrow forms of gambling: a state lottery, pari-mutuel horse and dog racing, and charitable bingo or raffle games, and sports wagering is not one of them. Idaho Code separately defines "gambling" to include risking money on the outcome of any event, including a sporting event, so no sportsbook, retail or online, has a legal path to operate in Idaho absent a constitutional amendment.

(1) Gambling is contrary to public policy and is strictly prohibited except for the following: a. A state lottery which is authorized by the state if conducted in conformity with enabling legislation; and b. Pari-mutuel betting if conducted in conformity with enabling legislation; and c. Bingo and raffle games that are operated by qualified charitable organizations in the pursuit of charitable purposes if conducted in conformity with enabling legislation. (2) No activities permitted by subsection (1) shall employ any form of casino gambling including, but not limited to, blackjack, craps, roulette, poker, bacarrat, keno and slot machines, or employ any electronic or electromechanical imitation or simulation of any form of casino gambling.

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Full Breakdown

Idaho Constitution article III, section 20 makes gambling "contrary to public policy" and "strictly prohibited" except for a state lottery, pari-mutuel betting, and charitable bingo and raffle games conducted under enabling legislation, and even those carve-outs cannot employ any form of casino gambling, defined to include blackjack, craps, roulette, poker, baccarat, keno, slot machines, or any electronic imitation of them. Sports wagering isn't listed among the three exceptions, so it falls under the general ban. " That language reaches betting on games directly, with no separate carve-out for fantasy contests scored on real-game outcomes, parlays, or single-game wagers.

Idaho Code section 18-3802 then criminalizes it: subsection (2) states flatly that "Gambling is a misdemeanor," which under Idaho's general misdemeanor statute, Idaho Code section 18-113, carries up to six months in county jail, a $1,000 fine, or both. No Idaho agency issues sportsbook licenses because none of the three constitutional exceptions reach it: the Idaho Lottery runs draw games and multistate lottery shares, the Idaho Racing Commission oversees pari-mutuel wagering on horse and dog races, and charitable gaming is limited to bingo and raffles.

S. Supreme Court struck down the federal PASPA sports-betting ban in May 2018, dozens of states have legalized sports wagering, but no Idaho legislator has introduced a bill to follow because Article III, Section 20 is constitutional rather than statutory text. Changing it requires a two-thirds vote of both legislative chambers to place a constitutional amendment on the ballot, followed by majority approval from Idaho voters at a statewide election.

Violations & Penalties

Placing or taking sports wagers in Idaho is gambling under Idaho Code section 18-3801 and a misdemeanor under section 18-3802, punishable under the general misdemeanor statute, section 18-113, by up to six months in county jail, a $1,000 fine, or both. County prosecutors and local law enforcement handle charges; there's no state agency that licenses or regulates sportsbooks, so there's no permit application or appeal path to pursue. The only relief is a constitutional amendment adding sports betting as a fourth exception under Article III, Section 20.

Frequently Asked Questions

Is sports betting legal in Idaho?

No. Idaho's constitution, Article III, Section 20, strictly prohibits gambling except for a state lottery, pari-mutuel racing, and charitable bingo and raffle games; sports wagering isn't one of the three exceptions. Idaho Code section 18-3801 defines "gambling" to include wagers on "the happening or outcome of an event, including a sporting event," so betting on games, whether at a kiosk or through an app, is illegal statewide regardless of the operator's location.

What happens if I bet on sports in Idaho?

Gambling is a misdemeanor under Idaho Code section 18-3802(2). Because that statute doesn't set its own penalty, Idaho's general misdemeanor punishment in section 18-113 applies: up to six months in county jail, a fine of up to $1,000, or both. Prosecution is handled locally by county prosecutors, not a state gaming commission, since Idaho has no licensed sports-betting industry to regulate.

Can I use out-of-state or offshore sportsbook apps from Idaho?

The statute reaches the act of gambling itself, not just Idaho-licensed operators, so wagering through an out-of-state or offshore app while physically located in Idaho is still gambling under section 18-3801. Idaho has never issued a mobile sports-betting license, and nothing in the code distinguishes app-based wagers from in-person ones.

Could Idaho legalize sports betting like neighboring states?

Only by amending the constitution, since Article III, Section 20 lists the state's gambling exceptions itself rather than delegating them to statute. That takes a two-thirds vote in both the Idaho House and Senate to place the amendment on the ballot, then majority approval from voters statewide. No such amendment has been introduced since the U.S. Supreme Court struck down PASPA in 2018.

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