MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
AN ACT TO AMEND SECTIONS 97-33-1 AND 97-33-7, MISSISSIPPI CODE OF 1972, TO INCLUDE ANY ONLINE, INTERACTIVE, OR COMPUTERIZED VERSION OF GAMES WITHIN THE PROHIBITION ON BETTING GAMING OR WAGERING AND ANY ONLINE INTERACTIVE OR COMPUTERIZED VERSION OF ANY GAME AS DEFINED IN SECTION 75-76-5(K) SHALL BE A GAMING DEVICE; TO INCREASE THE CRIMINAL PENALTY; TO PROVIDE THAT AN ACTION TO PROSECUTE A VIOLATION MAY, IN THE DISCRETION OF THE ATTORNEY GENERAL OR PROSECUTING ATTORNEY, BE TRIED IN THE COUNTY IN WHICH THE VIOLATION OCCURRED OR IN HINDS COUNTY; TO INCREASE THE CRIMINAL PENALTIES FOR A VIOLATION OF THIS SECTION; TO AUTHORIZE THE FORFEITURE OF THE ASSETS, RIGHTS, AND PRIVILEGES USED IN CONNECTION WITH VIOLATIONS OF THE PROVISIONS OF THESE SECTIONS; TO AUTHORIZE GAMING COMMISSION TO ENTER INTO CONTINGENCY FEE AGREEMENTS FOR ASSETS FORFEITED IN CONNECTION WITH THE PROSECUTION OF VIOLATIONS OF THIS SECTION; TO AMEND SECTION 97-33-8, MISSISSIPPI CODE OF 1972, TO INCLUDE INTERNET SWEEPSTAKES CASINOS WITHIN THE PROHIBITIONS OF THIS SECTION; TO INCREASE THE CRIMINAL VIOLATION FROM A MISDEMEANOR TO A FELONY; TO AUTHORIZE THE FORFEITURE OF THE ASSETS, RIGHTS, AND PRIVILEGES USED IN CONNECTION WITH VIOLATIONS OF THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-33-1, Mississippi Code of 1972, is amended as follows:
97-33-1. Except as
otherwise provided in Section 97-33-8, if any person shall encourage, promote
or play at any game, play or amusement, other than a fight or fighting match
between dogs, for money or other valuable thing, or shall wager or bet, promote
or encourage the wagering or betting of any money or other valuable things,
upon any game, play, amusement, cockfight, Indian ball play or duel, other than
a fight or fighting match between dogs, or upon the result of any election,
event or contingency whatever, including any online, interactive, or
computerized version thereof, upon conviction thereof, he shall be fined in
a sum not more than * * * Ten Thousand Dollars ($10,000.00)
per occurrence; and, unless such fine and costs be immediately paid, shall
be imprisoned for any period not more than * * * one (1) year.
However, this section shall not apply to betting, gaming or wagering:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located, in whole or in part, on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this section;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and
(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall lie adjacent to state waters south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the structure is located consists of a parcel of real property, easements and rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii);
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
(e) An action to prosecute a violation of this section may, in the discretion of the Attorney General or prosecuting attorney, be tried in the county in which the violation occurred or in Hinds County.
SECTION 2. Section 97-33-7, Mississippi Code of 1972, is amended as follows:
97-33-7. (1) Except as otherwise provided in Section 97-33-8, it shall be unlawful for any person or persons, firm, copartnership or corporation to have in possession, own, control, display, or operate any cane rack, knife rack, artful dodger, punch board, roll down, merchandise wheel, slot machine, pinball machine, or similar device or devices. Provided, however, that this section shall not be so construed as to make unlawful the ownership, possession, control, display or operation of any antique coin machine as defined in Section 27-27-12, or any music machine or bona fide automatic vending machine where the purchaser receives exactly the same quantity of merchandise on each operation of said machine. Any slot machine other than an antique coin machine as defined in Section 27-27-12 which delivers, or is so constructed as that by operation thereof it will deliver to the operator thereof anything of value in varying quantities, in addition to the merchandise received, and any slot machine other than an antique coin machine as defined in Section 27-27-12 that is constructed in such manner as that slugs, tokens, coins or similar devices are, or may be, used and delivered to the operator thereof in addition to merchandise of any sort contained in such machine, is hereby declared to be a gambling device, and shall be deemed unlawful under the provisions of this section. Provided, however, that pinball machines which do not return to the operator or player thereof anything but free additional games or plays shall not be deemed to be gambling devices, and neither this section nor any other law shall be construed to prohibit same. Any online, interactive, or computerized version of any game as defined in Section 75-76-5(k) or any other game of chance or digital simulation thereof, including, but not limited to, online race books, online sports pools, and online sweepstakes casino-style games, is hereby declared to be a gambling device, and the offering for play or operating an online or interactive platform that offers for play such games within the State of Mississippi shall be deemed unlawful under the provisions of this section.
(2) No property right shall exist in any person, natural or artificial, or be vested in such person, in any or all of the devices described herein that are not exempted from the provisions of this section; and all such devices are hereby declared to be at all times subject to confiscation and destruction, and their possession shall be unlawful, except when in the possession of officers carrying out the provisions of this section. It shall be the duty of all law enforcing officers to seize and immediately destroy all such machines and devices.
(3) * * * Each violation of the provisions
of this section shall be deemed a * * * felony, and the party
offending shall, upon each conviction, be fined in any sum not exceeding * * * One Hundred
Thousand Dollars ($100,000.00), or imprisoned not exceeding * * * ten (10 years), or
both, in the discretion of the court, and shall be liable to forfeiture, to the State of Mississippi
or to the county in which a violation is committed, of the assets, rights, and
privileges used in connection with violations of the provisions of this section. * * *
(4) Notwithstanding any provision of this section to the contrary, it shall not be unlawful to operate any equipment or device described in subsection (1) of this section or any gaming, gambling or similar device or devices by whatever name called while:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located, in whole or in part, on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this subsection;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and
(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall lie adjacent to state waters south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the structure is located consists of a parcel of real property, easements and rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii);
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
(5) Notwithstanding any provision of this section to the contrary, it shall not be unlawful (a) to own, possess, repair or control any gambling device, machine or equipment in a licensed gaming establishment or on the business premises appurtenant to any such licensed gaming establishment during any period of time in which such licensed gaming establishment is being constructed, repaired, maintained or operated in this state; (b) to install any gambling device, machine or equipment in any licensed gaming establishment; (c) to possess or control any gambling device, machine or equipment during the process of procuring or transporting such device, machine or equipment for installation on any such licensed gaming establishment; or (d) to store in a warehouse or other storage facility any gambling device, machine, equipment, or part thereof, regardless of whether the county or municipality in which the warehouse or storage facility is located has approved gaming aboard cruise vessels or vessels, provided that such device, machine or equipment is operated only in a county or municipality that has approved gaming aboard cruise vessels or vessels. Any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired, transported or stored in accordance with this subsection shall not be subject to confiscation, seizure or destruction, and any person, firm, partnership or corporation which owns, possesses, controls, installs, procures, repairs, transports or stores any gambling device, machine or equipment in accordance with this subsection shall not be subject to any prosecution or penalty under this section. Any person constructing or repairing such cruise vessels or vessels within a municipality shall comply with all municipal ordinances protecting the general health or safety of the residents of the municipality.
(6) An action to prosecute a violation of this section may, in the discretion of the Attorney General or prosecuting attorney, be tried in the county in which the crime occurred or in Hinds County. The Mississippi Gaming Commission may enter into contingency fee agreements for assets forfeited in connection with the prosecution of violations of this section, pursuant to Section 7-5-8.
SECTION 3. Section 97-33-8, Mississippi Code of 1972, is amended as follows:
97-33-8. (1) The
provisions of this section are intended to clarify that the operation of "internet
sweepstakes cafes" * * * and "online sweepstakes
casinos" are illegal gambling * * * activities under state law.
(2) It shall be unlawful for any person or entity to possess, own, control, display, operate or have a financial interest in an electronic video monitor or platform that:
(a) Is offered or made available to a person to play or participate in a simulated gambling program in return for direct or indirect consideration, including consideration associated with a product, service or activity other than the simulated gambling program; and
(b) The person who plays or participates in the simulated gambling program may become eligible to win, redeem or otherwise obtain a cash or cash-equivalent prize, whether or not the eligibility for or value of the prize is determined by or has any relationship to the outcome or play of the program.
(3) As used in this section, the following words and phrases shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:
(a) "Simulated gambling program" means any method intended to be used by a person playing, participating or interacting with an electronic video monitor or online or mobile platform that is offered by another person or entity; that directly or indirectly implements the predetermination of a cash or cash-equivalent prize, or otherwise connects the player with the cash or cash-equivalent prize; and that is not legal under the Mississippi Gaming Control Act.
(b) "Consideration associated with a product, service or activity other than the simulated gambling program" means money or other value collected for a product, service or activity that is offered in any direct or indirect relationship to playing or participating in the simulated gambling program. The term includes, but is not limited to, consideration paid for internet access or computer time, or a sweepstakes entry.
(c) "Electronic video monitor" means any unit, mechanism, computer or other terminal, or device that is capable of displaying moving or still images.
(4) Any person or entity
violating the provisions of this section by promoting or operating an internet
sweepstakes cafe or casino, upon conviction, shall be guilty of a * * * felony
and fined in a sum not exceeding One Hundred Thousand Dollars ($100,000.00), or
imprisoned not exceeding ten (10) years, or both, in the discretion of the
court, and shall be liable to forfeiture, to the State of Mississippi or to the
county in which a violation is committed, of the assets, rights and privileges
used in connection with violations of the provisions of this section.
(5) The provisions of this section shall not apply to:
(a) Any lawful activity that is conducted for the primary purpose of entertaining children under the age of eighteen (18) years, during which money is paid for a token or chip that is used to play an electronic or other game, with the winner of the game earning tickets that can be exchanged for prizes;
(b) Any lawful marketing promotion, contest, prize or sweepstakes that is designed to attract consumer attention to a specific product or service which is offered for sale by the manufacturer, distributor, vendor or retailer of the product or service; or
(c) Any promotional activity as defined in Section 75-76-5 that is conducted by a gaming licensee.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.