Gambling under Section 47.02 of the Texas Penal Code is a fine-only offense that does not involve jail time as a punishment.

Under 47.02 of the Texas Penal Code, gambling is a Class C misdemeanor offense, wherein offenders could face a fine of up to $500.00. Attorney General Paxton specifically stated that because the outcome of games in daily fantasy sports leagues depends partially on chance, an individual’s payment of a fee to participate in such activities is a “bet.” The key term that the Attorney General focused on in the opinion is the term “bet.” A “bet” is defined as an agreement to win or lose something of value solely or partially by chance.

Section 47.02 of the Texas Penal Code states that a person commits an offense if he or she makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. The opinion specifically states that participating in daily fantasy sports leagues is illegal gambling under section 47.02 of the Texas Penal Code. Yesterday, Texas Attorney General Ken Paxton issued an opinion stating that participating in daily fantasy football websites is illegal gambling in Texas. Is Fantasy Football Illegal in Texas? AG Paxton Says “Yes.”

Texas criminal law gambling