VIRGINIA BEACH, Va. — Virginia Beach will start enforcing laws that make possessing, operating, or playing "skill games" criminal activity.
In 2020, the Virginia General Assembly enacted laws that declared such games to be illegal gambling devices. A lawsuit was filed in Emporia Circuit Court challenging the skill games ban and the court entered an injunction.
On October 13, a ban on electronic skill games in Virginia went back into effect after the state Supreme Court vacated the injunction that allowed thousands of the betting machines to remain in gas stations, bars, and convenience stores.
“Although at times it is difficult to determine where a particular activity falls on the speech/conduct continuum, no such difficulty is present when the activity being regulated is gambling. We long have viewed gambling as conduct that may be heavily regulated and even banned by the Commonwealth as an exercise of its police powers," the panel wrote in its order.
The games look and play like slot machines, although manufacturers say there is an element of skill involved.
When will the new law go into effect?
Because of the Supreme Court's ruling and based upon the provisions of the Virginia Code that prohibits playing or offering play of skill games, the Virginia Beach Police Department in partnership with the Virginia Beach Commonwealth's Attorney and Virginia Beach City Attorney's Office, will resume enforcement of the illegal gambling code sections on November 26, according to a release from the Office of the Virginia Beach Commonwealth's Attorney office.
How does the law define "skill games"?
"Skill game means an electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play a game, the outcome of which is determined by any element of skill of the player and that may deliver or entitle the person playing or operating the device to receive cash or cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash; or cash equivalents whether the payoff is made automatically from the device or manually... It does not include any amusement device."
What are the penalties for defying this law?
People found operating a skill game device may be subject to a civil penalty of $25,000 per gambling device, seizure of the gambling devices, and costs associated with the investigation and lawsuit, including attorney fees.
Criminal charges for illegally possessing gambling devices could bring a class 1 misdemeanor punishment of up to a year in jail, a fine of up to $2,500, or both.
Criminal charges for illegally operating an illegal gambling operation could bring a class 6 felony punishment of up to five years in prison, a fine of up to $2,500, or both.
Playing the skills games could result in a class 3 misdemeanor criminal charge punishment of a fine up to $500.
