Although online gambling is illegal in Indiana, the law is not being enforced.
According to Indiana Code, a person who knowingly or intentionally engages in gambling will be charged with a Class B misdemeanor. A Class B misdemeanor results in paying up to a $1,000 fine and up to 180 days imprisonment.
Despite the consequences, students are still participating in online gambling, and the University Police Department has not arrested anyone for it.
Ryan Sweeney, a junior history major, said he plays poker on a few sites and plays until he makes a decent profit or breaks even.
"I honestly do not think online gambling should be illegal," Sweeney said. "Once you get to be 18 a person should be allowed to do what they want with their own money."
Gene Burton, director of public safety, said the department has not had any cases where it has arrested people for online gambling, so it is difficult to say how police officers would handle a situation.
In order to know how to arrest people, police would have to discuss the law with the prosecutor's office to find out what the charges would be, Burton said.
John Connor, the attorney at law for Student Legal Services, said that just like any other crime, the police would have to have probable cause to look into somebody participating in online gambling.
"The police would have to convince a judge to give them a warrant regarding unlawful gambling," Connor said.
Sgt. Brian Olehy, of the Public Information Office for the Indiana State Police, said state police had arrested no one for online gambling between July 1, 2005, when the law was enacted, and Dec. 31, 2005. The arrest numbers for January are not available yet, he said.
One possible reason that there had been no arrests is because the law is new, Olehy said. The number of arrests they have recorded is from the state police, but local police numbers could be different, he said.
There are several ways a person could get arrested for online gambling, Olehy said. A person could be arrested if someone called in a tip on a person, if someone was caught in the act of gambling online or if someone was caught for child pornography, and when the police searched his computer, they found evidence of gambling.
Another possible way people can get caught, however, is if they are using the Web site to gamble and then they do not pay their debts. Then the site could turn the person in, Olehy said.
Indiana Representative Charlie Brown, co-author of House Bill 1042, which would have made online gambling legal again, said he hoped to make online gambling legal in order to increase revenue in the state of Indiana.
"The idea was for Indiana to reap the benefits that comes from gaming by having more money for state funds for things such as education," Brown said. "One reason why the bill probably did not pass was because there was no definitive way to have enforcement. It would be left to the government to do the enforcing but there is no sure fire way of enforcement."
The law also states that an operator of an online gambling site can be charged with a Class D Felony, which results in a prison term of between six months and three years and a charge of no more than $10,000.
Connor said shutting down Web sites would be difficult because not all sites originate from one state.
Connor said the Ball State police might have other priorities if they feel as though they have limited resources.
"I can not speak for how the police use their resources, but it could be that they use their resources to enforce greater risks such as drunk driving," Connor said. "The best advice I can give for those who do participate in online gambling, however, is to abide by the law."
THE LAWAccording to Indiana Code 35-45-5-2 Sec. 2, a person who knowlingly or intentionally engages in gambling commits a Class B misdemeanor, which results in paying up to a $1,000 fine and up to 180 days imprisonment. An operator who knowingly or intentionally uses the Internet to engage in unlawful gambling in Indiana or with a person located in Indiana commits a class D felony, which results in a prison term of between six months and three years and a charge of no more than $10,000.
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