Gaming; include online, interactive and computerized versions thereof, increase penalties, and authorize forfeiture.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane, Blount

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2104

AN ACT TO AMEND SECTIONS 97-33-1 AND 97-33-7, MISSISSIPPI 1
CODE OF 1972, TO INCLUDE ANY ONLINE, INTERACTIVE, OR COMPUTERIZED 2
VERSION OF GAMES WITHIN THE PROHIBITION ON BETTING, GAMING OR 3
WAGERING AND ANY ONLINE INTERACTIVE OR COMPUTERIZED VERSION OF ANY 4
GAME AS DEFINED IN SECTION 75-76-5(K) SHALL BE A GAMING DEVICE; TO 5
INCREASE THE CRIMINAL PENALTY; TO PROVIDE THAT AN ACTION TO 6
PROSECUTE A VIOLATION MAY, IN THE DISCRETION OF THE ATTORNEY 7
GENERAL OR PROSECUTING ATTORNEY, BE TRIED IN THE COUNTY IN WHICH 8
THE VIOLATION OCCURRED OR IN HINDS COUNTY; TO INCREASE THE 9
CRIMINAL PENALTIES FOR A VIOLATION OF THIS SECTION; TO AUTHORIZE 10
THE FORFEITURE OF THE ASSETS, RIGHTS, AND PRIVILEGES USED IN 11
CONNECTION WITH VIOLATIONS OF THE PROVISIONS OF THESE SECTIONS; TO 12
AUTHORIZE THE GAMING COMMISSION TO ENTER INTO CONTINGENCY FEE 13
AGREEMENTS FOR ASSETS FORFEITED IN CONNECTION WITH THE PROSECUTION 14
OF VIOLATIONS OF THIS SECTION; TO PROVIDE THAT NOTHING IN SECTION 15
97-33-7 SHALL APPLY TO CERTAIN PROVIDER AND SERVICES; TO AMEND 16
SECTION 97-33-8, MISSISSIPPI CODE OF 1972, TO INCLUDE INTERNET 17
SWEEPSTAKES CASINOS WITHIN THE PROHIBITIONS OF THIS SECTION; TO 18
REVISE CERTAIN DEFINED TERMS; TO INCREASE THE CRIMINAL VIOLATION 19
FROM A MISDEMEANOR TO A FELONY; TO AUTHORIZE THE FORFEITURE OF THE 20
ASSETS, RIGHTS, AND PRIVILEGES USED IN CONNECTION WITH VIOLATIONS 21
OF THIS SECTION; TO CREATE NEW SECTION 97-33-6, MISSISSIPPI CODE 22
OF 1972, TO PROVIDE A SAFE HARBOR FOR CERTAIN TELECOMMUNICATIONS, 23
CABLE, AND TECHNOLOGY PLATFORMS; AND FOR RELATED PURPOSES. 24
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 25
SECTION 1. Section 97-33-1, Mississippi Code of 1972, is 26
amended as follows: 27
97-33-1. Except as otherwise provided in Section 97-33-8, if 28
any person shall encourage, promote or play at any game, play or 29
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amusement, other than a fight or fighting match between dogs, for 30
money or other valuable thing, or shall wager or bet, promote or 31
encourage the wagering or betting of any money or other valuable 32
things, upon any game, play, amusement, cockfight, Indian ball 33
play or duel, other than a fight or fighting match between dogs, 34
or upon the result of any election, event or contingency whatever, 35
including any online, interactive, or computerized version 36
thereof, upon conviction thereof, he shall be fined in a sum not 37
more than Five Hundred Dollars ($500.00) per occurrence; and, 38
unless such fine and costs be immediately paid, shall be 39
imprisoned for any period not more than ninety (90) days. Except 40
as provided in Section 97-33-6, if any person shall operate an 41
online platform that facilitates illegal wagering, such person 42
shall be guilty of a felony. Upon each conviction, a person shall 43
be fined in a sum not more than One Hundred Thousand Dollars 44
($100,000.00), or shall be imprisoned for a term of years not to 45
exceed ten (10) years, or by both fine and imprisonment. The 46
assets, rights, and privileges used in connection with violations 47
of the provisions of this section shall be liable to forfeiture, 48
to the State of Mississippi or to the county in which a violation 49
is committed. However, this section shall not apply to betting, 50
gaming or wagering: 51
(a) On a cruise vessel as defined in Section 27-109-1 52
whenever such vessel is in the waters within the State of 53
Mississippi, which lie adjacent to the State of Mississippi south 54
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of the three (3) most southern counties in the State of 55
Mississippi, including the Mississippi Sound, St. Louis Bay, 56
Biloxi Bay and Pascagoula Bay, and in which the registered voters 57
of the county in which the port is located have not voted to 58
prohibit such betting, gaming or wagering on cruise vessels as 59
provided in Section 19-3-79; 60
(b) In a structure located, in whole or in part, on 61
shore in any of the three (3) most southern counties in the State 62
of Mississippi in which the registered voters of the county have 63
voted to allow such betting, gaming or wagering on cruise vessels 64
as provided in Section 19-3-79, if: 65
(i) The structure is owned, leased or controlled 66
by a person possessing a gaming license, as defined in Section 67
75-76-5, to conduct legal gaming on a cruise vessel under 68
paragraph (a) of this section; 69
(ii) The part of the structure in which licensed 70
gaming activities are conducted is located entirely in an area 71
which is located no more than eight hundred (800) feet from the 72
mean high-water line (as defined in Section 29-15-1) of the waters 73
within the State of Mississippi, which lie adjacent to the State 74
of Mississippi south of the three (3) most southern counties in 75
the State of Mississippi, including the Mississippi Sound, St. 76
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 77
Harrison County only, no farther north than the southern boundary 78
of the right-of-way for U.S. Highway 90, whichever is greater; and 79
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(iii) In the case of a structure that is located 80
in whole or part on shore, the part of the structure in which 81
licensed gaming activities are conducted shall lie adjacent to 82
state waters south of the three (3) most southern counties in the 83
State of Mississippi, including the Mississippi Sound, St. Louis 84
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 85
structure is located consists of a parcel of real property, 86
easements and rights-of-way for public streets and highways shall 87
not be construed to interrupt the contiguous nature of the parcel, 88
nor shall the footage contained within the easements and 89
rights-of-way be counted in the calculation of the distances 90
specified in subparagraph (ii); 91
(c) On a vessel as defined in Section 27-109-1 whenever 92
such vessel is on the Mississippi River or navigable waters within 93
any county bordering on the Mississippi River, and in which the 94
registered voters of the county in which the port is located have 95
not voted to prohibit such betting, gaming or wagering on vessels 96
as provided in Section 19-3-79; * * * 97
(d) That is legal under the laws of the State of 98
Mississippi * * *; or 99
(e) An action to prosecute a violation of this section 100
may, in the discretion of the Attorney General or prosecuting 101
attorney, be tried in the county in which the violation occurred 102
or in Hinds County. 103
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SECTION 2. Section 97-33-7, Mississippi Code of 1972, is 104
amended as follows: 105
97-33-7. (1) Except as otherwise provided in Section 106
97-33-8, it shall be unlawful for any person or persons, firm, 107
copartnership or corporation to have in possession, own, control, 108
display, or operate any cane rack, knife rack, artful dodger, 109
punch board, roll down, merchandise wheel, slot machine, pinball 110
machine, or similar device or devices. Provided, however, that 111
this section shall not be so construed as to make unlawful the 112
ownership, possession, control, display or operation of any 113
antique coin machine as defined in Section 27-27-12, or any music 114
machine or bona fide automatic vending machine where the purchaser 115
receives exactly the same quantity of merchandise on each 116
operation of said machine. Any slot machine other than an antique 117
coin machine as defined in Section 27-27-12 which delivers, or is 118
so constructed as that by operation thereof it will deliver to the 119
operator thereof anything of value in varying quantities, in 120
addition to the merchandise received, and any slot machine other 121
than an antique coin machine as defined in Section 27-27-12 that 122
is constructed in such manner as that slugs, tokens, coins or 123
similar devices are, or may be, used and delivered to the operator 124
thereof in addition to merchandise of any sort contained in such 125
machine, is hereby declared to be a gambling device, and shall be 126
deemed unlawful under the provisions of this section. Provided, 127
however, that pinball machines which do not return to the operator 128
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or player thereof anything but free additional games or plays 129
shall not be deemed to be gambling devices, and neither this 130
section nor any other law shall be construed to prohibit same. 131
Any online, interactive, or computerized version of any game as 132
defined in Section 75-76-5(k) or any other game of chance or 133
digital simulation thereof, including, but not limited to, online 134
race books, online sports pools, and online sweepstakes 135
casino-style games, is hereby declared to be a gambling device, 136
and the offering for play or operating an online or interactive 137
platform that offers for play such games within the State of 138
Mississippi shall be deemed unlawful under the provisions of this 139
section. 140
(2) No property right shall exist in any person, natural or 141
artificial, or be vested in such person, in any or all of the 142
devices described herein that are not exempted from the provisions 143
of this section; and all such devices are hereby declared to be at 144
all times subject to confiscation and destruction, and their 145
possession shall be unlawful, except when in the possession of 146
officers carrying out the provisions of this section. It shall be 147
the duty of all law enforcing officers to seize and immediately 148
destroy all such machines and devices. 149
(3) * * * Each violation of the provisions of this section 150
shall be deemed a * * * felony, and the party offending shall, 151
upon each conviction, be fined in any sum not exceeding * * * One 152
Hundred Thousand Dollars ($100,000.00), or imprisoned not 153
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exceeding * * * ten (10) years, or both, in the discretion of the 154
court, and shall be liable to forfeiture, to the State of 155
Mississippi or to the county in which a violation is committed, of 156
the assets, rights, and privileges used in connection with 157
violations of the provisions of this section. * * * 158
(4) Notwithstanding any provision of this section to the 159
contrary, it shall not be unlawful to operate any equipment or 160
device described in subsection (1) of this section or any gaming, 161
gambling or similar device or devices by whatever name called 162
while: 163
(a) On a cruise vessel as defined in Section 27-109-1 164
whenever such vessel is in the waters within the State of 165
Mississippi, which lie adjacent to the State of Mississippi south 166
of the three (3) most southern counties in the State of 167
Mississippi, including the Mississippi Sound, St. Louis Bay, 168
Biloxi Bay and Pascagoula Bay, and in which the registered voters 169
of the county in which the port is located have not voted to 170
prohibit such betting, gaming or wagering on cruise vessels as 171
provided in Section 19-3-79; 172
(b) In a structure located, in whole or in part, on 173
shore in any of the three (3) most southern counties in the State 174
of Mississippi in which the registered voters of the county have 175
voted to allow such betting, gaming or wagering on cruise vessels 176
as provided in Section 19-3-79, if: 177
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(i) The structure is owned, leased or controlled 178
by a person possessing a gaming license, as defined in Section 179
75-76-5, to conduct legal gaming on a cruise vessel under 180
paragraph (a) of this subsection; 181
(ii) The part of the structure in which licensed 182
gaming activities are conducted is located entirely in an area 183
which is located no more than eight hundred (800) feet from the 184
mean high-water line (as defined in Section 29-15-1) of the waters 185
within the State of Mississippi, which lie adjacent to the State 186
of Mississippi south of the three (3) most southern counties in 187
the State of Mississippi, including the Mississippi Sound, St. 188
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 189
Harrison County only, no farther north than the southern boundary 190
of the right-of-way for U.S. Highway 90, whichever is greater; and 191
(iii) In the case of a structure that is located 192
in whole or part on shore, the part of the structure in which 193
licensed gaming activities are conducted shall lie adjacent to 194
state waters south of the three (3) most southern counties in the 195
State of Mississippi, including the Mississippi Sound, St. Louis 196
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 197
structure is located consists of a parcel of real property, 198
easements and rights-of-way for public streets and highways shall 199
not be construed to interrupt the contiguous nature of the parcel, 200
nor shall the footage contained within the easements and 201
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rights-of-way be counted in the calculation of the distances 202
specified in subparagraph (ii); 203
(c) On a vessel as defined in Section 27-109-1 whenever 204
such vessel is on the Mississippi River or navigable waters within 205
any county bordering on the Mississippi River, and in which the 206
registered voters of the county in which the port is located have 207
not voted to prohibit such betting, gaming or wagering on vessels 208
as provided in Section 19-3-79; or 209
(d) That is legal under the laws of the State of 210
Mississippi. 211
(5) Notwithstanding any provision of this section to the 212
contrary, it shall not be unlawful (a) to own, possess, repair or 213
control any gambling device, machine or equipment in a licensed 214
gaming establishment or on the business premises appurtenant to 215
any such licensed gaming establishment during any period of time 216
in which such licensed gaming establishment is being constructed, 217
repaired, maintained or operated in this state; (b) to install any 218
gambling device, machine or equipment in any licensed gaming 219
establishment; (c) to possess or control any gambling device, 220
machine or equipment during the process of procuring or 221
transporting such device, machine or equipment for installation on 222
any such licensed gaming establishment; or (d) to store in a 223
warehouse or other storage facility any gambling device, machine, 224
equipment, or part thereof, regardless of whether the county or 225
municipality in which the warehouse or storage facility is located 226
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has approved gaming aboard cruise vessels or vessels, provided 227
that such device, machine or equipment is operated only in a 228
county or municipality that has approved gaming aboard cruise 229
vessels or vessels. Any gambling device, machine or equipment 230
that is owned, possessed, controlled, installed, procured, 231
repaired, transported or stored in accordance with this subsection 232
shall not be subject to confiscation, seizure or destruction, and 233
any person, firm, partnership or corporation which owns, 234
possesses, controls, installs, procures, repairs, transports or 235
stores any gambling device, machine or equipment in accordance 236
with this subsection shall not be subject to any prosecution or 237
penalty under this section. Any person constructing or repairing 238
such cruise vessels or vessels within a municipality shall comply 239
with all municipal ordinances protecting the general health or 240
safety of the residents of the municipality. 241
(6) An action to prosecute a violation of this section may, 242
in the discretion of the Attorney General or prosecuting attorney, 243
be tried in the county in which the crime occurred or in Hinds 244
County. The Mississippi Gaming Commission may enter into 245
contingency fee agreements for assets forfeited in connection with 246
the prosecution of violations of this section, pursuant to Section 247
7-5-8. 248
(7) Nothing in this section shall apply to: 249
(a) A provider of internet access service, cable 250
service, telecommunications service, or video service, as those 251
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terms are defined under federal or state laws, that merely 252
transmits, routes, or provides connections for content without 253
selecting, controlling, or modifying such content; 254
(b) A provider of cable service or video programming 255
that displays sports scores, statistics, betting odds, or other 256
informational content as part of an entertainment or news 257
programming service, provided that such provider does not directly 258
accept, process, or settle wagers; 259
(c) Equipment provided by such service providers to 260
subscribers in the ordinary course of providing internet access, 261
cable, telecommunications, or video services, including, but not 262
limited to, modems, routers, set-top boxes, and streaming devices; 263
or 264
(d) Fees or consideration paid by subscribers for 265
internet access, cable service, telecommunications service, or 266
video service in the ordinary course of business. 267
SECTION 3. Section 97-33-8, Mississippi Code of 1972, is 268
amended as follows: 269
97-33-8. (1) The provisions of this section are intended to 270
clarify that the operation of "internet sweepstakes cafes" * * * 271
and "online sweepstakes casinos" are illegal gambling * * * 272
activities under state law. 273
(2) It shall be unlawful for any person or entity to 274
possess, own, control, display, operate or have a financial 275
interest in an electronic video monitor or platform that: 276
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(a) Is offered or made available to a person to play or 277
participate in a simulated gambling program in return for direct 278
or indirect consideration, including consideration associated with 279
a product, service or activity other than the simulated gambling 280
program; and 281
(b) The person who plays or participates in the 282
simulated gambling program may become eligible to win, redeem or 283
otherwise obtain a cash or cash-equivalent prize, whether or not 284
the eligibility for or value of the prize is determined by or has 285
any relationship to the outcome or play of the program. 286
(3) As used in this section, the following words and phrases 287
shall have the meanings ascribed in this subsection, unless the 288
context clearly indicates otherwise: 289
(a) "Simulated gambling program" means any method 290
intended to be used by a person playing, participating or 291
interacting with an electronic video monitor or online or mobile 292
platform that is offered by another person or entity; that 293
directly or indirectly implements the predetermination of a cash 294
or cash-equivalent prize, or otherwise connects the player with 295
the cash or cash-equivalent prize; and that is not legal under the 296
Mississippi Gaming Control Act. 297
(b) "Consideration associated with a product, service 298
or activity other than the simulated gambling program" means money 299
or other value collected for a product, service or activity that 300
is offered in any direct or indirect relationship to playing or 301
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participating in the simulated gambling program. The term 302
includes, but is not limited to, consideration paid for internet 303
access or computer time, or a sweepstakes entry. The term does 304
not include fees paid by subscribers to a covered provider, as 305
defined in Section 97-33-6, for internet access service, cable 306
service, telecommunications service, or video service in the 307
ordinary course of business. 308
(c) "Electronic video monitor" means any unit, 309
mechanism, computer or other terminal, or device that is capable 310
of displaying moving or still images. The term does not include 311
equipment provided by a covered provider, as defined in Section 312
97-33-6, to subscribers in the ordinary course of providing 313
internet access, cable, telecommunications, or video services, 314
including, but not limited to, modems, routers, set-top boxes, and 315
streaming devices. 316
(4) Any person or entity violating the provisions of this 317
section by promoting or operating an internet sweepstakes cafe or 318
casino, upon conviction, shall be guilty of a * * * felony and 319
fined in a sum not exceeding One Hundred Thousand Dollars 320
($100,000.00), or imprisoned not exceeding a term of ten (10) 321
years, or both. The assets, rights and privileges used in 322
connection with violations of the provisions of this section shall 323
be liable to forfeiture, to the State of Mississippi or to the 324
county in which a violation is committed. 325
(5) The provisions of this section shall not apply to: 326
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(a) Any lawful activity that is conducted for the 327
primary purpose of entertaining children under the age of eighteen 328
(18) years, during which money is paid for a token or chip that is 329
used to play an electronic or other game, with the winner of the 330
game earning tickets that can be exchanged for prizes; 331
(b) Any lawful marketing promotion, contest, prize or 332
sweepstakes that is designed to attract consumer attention to a 333
specific product or service unrelated to digital tokens, coins or 334
currency associated with a sweepstakes game and which is offered 335
for sale by the manufacturer, distributor, vendor or retailer of 336
the product or service; or 337
(c) Any promotional activity as defined in Section 338
75-76-5 that is conducted by a gaming licensee. 339
SECTION 4. The following shall be codified as Section 340
97-33-6, Mississippi Code of 1972: 341
97-33-6. (1) For purposes of this section, the following 342
terms have the meaning ascribed herein unless the context clearly 343
requires otherwise: 344
(a) "Covered provider" means any person or entity that 345
provides internet access service, cable service, 346
telecommunications service, video service, or video programming 347
distribution, or that operates an application store, content 348
discovery platform, or similar technology service. 349
(b) "Incidental display" means displaying betting odds, 350
wagering information, or game content for informational or 351
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entertainment purposes without directly accepting, processing, or 352
settling wagers. 353
(c) "Third-party linking" means providing a hyperlink, 354
QR code, application programming interface connection, or other 355
technical mechanism that directs a user to a separate third-party 356
platform. 357
(2) Notwithstanding any other provision of this chapter, a 358
covered provider shall not be deemed to violate Section 97-33-1, 359
97-33-7 or 97-33-8 solely by reason of: 360
(a) Transmitting, routing, or providing connections for 361
content created by third parties; 362
(b) Incidental display of wagering-related information 363
as part of sports, entertainment, or news programming; 364
(c) Third-party linking to applications or platforms 365
operated by unaffiliated third parties; 366
(d) Providing equipment to subscribers in the ordinary 367
course of providing covered services; 368
(e) Receiving fees or consideration from subscribers 369
for covered services; 370
(f) Offering free-to-play games or simulations that do 371
not involve cash or cash-equivalent prizes; or 372
(g) Displaying, listing, or providing access to 373
third-party applications or games through an app store, content 374
guide, or similar discovery mechanism, where gameplay occurs 375
entirely on a third-party platform. 376
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ST: Gaming; include online, interactive and
computerized versions thereof, increase
penalties, and authorize forfeiture.
(3) The safe harbor provided in subsection (2) of this 377
section shall not apply to a covered provider that: 378
(a) Directly accepts, processes, or settles wagers on 379
its own platform; 380
(b) Has actual knowledge that a specific third-party 381
platform is operating illegally in this state and continues to 382
actively promote such platform after receiving such knowledge; or 383
(c) Receives a direct share of wagering revenue or 384
losses from illegal gambling operations conducted in this state. 385
SECTION 5. This act shall take effect and be in force from 386
and after July 1, 2026. 387