Skill games are legal and they are offered in most states and countries around the world. The real money mode skill games have restricted states and countries, and there are some states or countries in which the game availability may vary depending on local laws. Such as skill games involving playing cards are not legal in the states of Maine and Indiana.
Are Skill Games Legal? What Players Should Know in 2026
These are games that you can play for real money, risking your stake in a chance to beat your fellow player and win their stake. Or, pay to compete in tournaments for a shot at sharing massive prize pools. The skill games are tested for their skill-ification, meaning they are examined by US Courts to determine whether or not they should be classified as skill-based games, or pure chance – which would categorize them as online casino games. The rules and state availability differ entirely between skill games and casino games, and they are more widely available than their casino game counterparts.
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Quick Answer (TL;DR)
Skill games are a legally recognized type of online gambling game. They are available in most states, and the legal age to sign up and play these games for real money is 18+ unless otherwise stated. As they are not technically online casino games, it means the regulation and types of games offered are completely different from what you would get in an online casino. The basic principles of skill games are that they:
And, of course, the games are designed to run on skill. Instead of relying on chance here, the games give you controls. Your reaction time, decision making, accuracy, and critical thinking are all put to the test and measured with scoring systems. If you beat your fellow player, you can win real money.
5 Most Important Takeaways
Skill games are not conventional casino games, where you are taking on a chance against the house, but they are designed to test your skills against another player. It is still gambling if you play the real money modes, only these have different regulation, eligibility criteria, and availability.
Skill Game Classification
The legislation on skill games varies by state, although the majority make a distinction between these and casino games. The broad definition of gambling involves real money prizes, a type of stake or entry fee, and an outcome determined on the basis of chance. All three of these criteria are needed to define a gambling game, although skill games don’t tick that third box.
There is currently no federal or nationwide patented test to determine what is a skill game and what game runs on pure chance. Several states use the Material Element Testing method, and a commonly accepted alternative is the Predominance Test. But for the most part, skill games fall into a category of their own. Recognized skill games apps do not provide casino games or options that run on pure chance such as traditional lottery, crash, bingo, and raffle events. They may have lottery or bingo products, but these are “skillified”, whereby the operators add in-game elements to make the games more skill-oriented than run on pure chance.
State Availability
Skill games are legal in 45+ states, and the only restrictions are:
- Arkansas (AR)
- Connecticut (CT)
- Delaware (DE)
- Louisiana (LA)
- South Dakota (SD)
Additionally, in the states of:
- Indiana (IN)
- Maine (ME)
You can’t play skill games that involve cards. If you are living in any of those states, you can still participate, but not play any real money mode H2H or tournaments. Also, take note that these are general conditions, and that certain skill games apps may have more state restrictions, or games/tournament modes that are unavailable in other states too.
Licensure and Trustworthiness
Skill game sites are not regulated like online casinos in the US, and so they do not fall under the purview of any gambling authority. An online casino in New Jersey is regulated by the NJ Division of Gaming Enforcement, with whom the operator will have an online casino license. Skill games don’t have licenses, and there are no eCOGRA or fairness audits on any of their games. This is because the outcome of the games (win/lose) are not determined by RNGs, but rather by your and your opponents’ performance in the round.
This means that you don’t have a clear license or any kind of seal of approval credentials on a skill games app, making it a lot harder to spot scams and dodgy apps. However, even without regulatory oversight, you are still entering a contract when you sign up at a skill games app, and this is respected by law. Spotting a scam skill games site is harder than pinpointing an offshore or blacklisted online casino. You should be wary of this, and look for sites with reliable user feedback, native iOS or Android apps, and credible references from industry insiders.
Who Can Play Skill Games
The minimum age for signing up at a skill games site is 18+, but this can vary by platform. You must be living in a state that allows real money skill games to play any of these games, and using a VPN or proxy is strictly forbidden. When signing up, you will need to enter some basic information to create an account. This includes an email via which the site can contact you, and an address to confirm the state you are playing out of.
Charges and Withdrawals
If you live in a state with real money mode, you can make deposits into your account and manage withdrawals. The payment methods at legitimate skill games apps include bank transfers and widely used eWallets like PayPal. Withdrawals can be made to the same bank or wallet as you used to make a deposit. There may be some playthrough requirements for withdrawals, just like at online sportsbooks and casinos, to ensure you are not using the service for money laundering or fraudulent purposes.
Onto charges, the skill game apps never pit you against the house, you are always playing for another player’s money or a pool of player entry fees. Instead of making their cut by taking your losing entry fees, skill game sites take a commission or a rake in entry fees and pools. They may also charge you for deposits and withdrawals, but this is clearly presented in the T&Cs. Don’t be too disheartened by this, because it is just the way some peer to peer gaming apps make their money. Similarly to other types of P2P gambling models – think of prediction markets, P2P betting sites, and betting exchanges.
Why the Legality Question Is Not Always Simple
Legality is not just about having access to a product, but it is an important measure of trust. You can’t really trust a site or a type of game that seems to have no legal status and no regulatory oversight.
Forget the legislation for online casinos or sports betting here – because those are more advanced and deeply rooted. Skill games are very much a new space, and one that has a more vague legal definition.
Skill vs chance debates
So you have to be more critical when checking out the skill-element to a platform’s games. Skill games tick two of the boxes for casino gambling: they require an entry fee/stake and you play for real money prizes.
It is the pure chance vs skill that distinguishes these games. Skill games are not completely devoid of chance, but the main difference is that you are matched against a peer of a similar skill level, and instead of having outcomes determined by an algorithm, they are based on your performance.
Launch a game and play a round, and at the end your score will be rated. Points can be awarded for reaction time, quality of decisions, accuracy/fewer mistakes made, and other important factors. It depends on the game. But in the end, they have enough scorable data points to determine who won, and that is what makes these games more skill-based than purely chance-based.
Operator eligibility rules
Eligibility here is another important aspect of the legality of skill games. Select states have strict rules against these games, not strictly defining them as casino games, but banning real money play nonetheless.
The eligibility criteria are a lot more flexible than online casinos, as you don’t have to go through the same ID checks, though a basic KYC is required to ensure that you are of legal age to play and living in a state where the real money games are allowed. This should be the benchmark for scanning potential skill game apps to sign up to. You don’t want a site with absolutely no checks, as this is a major red flag.
Predominance and Material Element Tests
Also called the Dominant Factor Test, and there are variants like the DOminant Principle Test and Dominant Element Theory, these are principle tests that the majority of US states use to define what is and what isn’t gambling. There is also the Material Element Test, which is another legal standard used to define skill games vs chance games, but this has more leeway for the impact that chance has on the game outcome.
Predominance and Dominant Test Factor
For the Dominant Test Factor – the underlying principle of predominance test, there are four qualifications to determine what is skill and what is chance. This was defined by the courts in a 1973 case, Morrow vs State, and it states:
Effectively, your skill must govern the outcome, you must recognize this, and you must be able to make a calculated decision, and exercise your skill. Sports betting doesn’t meet this criteria because while you have sufficient data to make a calculated decision, you are not directly exercising skill. In casino games, there is no exercising skill when you press play on a slot machine, or pick a bet on the roulette wheel. But games like poker and blackjack, where you have actions to incfluence the outcomes, are a gray area.
Material Element Factor
Material Element Tests accept that there is chance involved, but that this chance should have a trivial, and non-material effect on the final result. It is not purely based on skill, as there are chance and luck variables that can impact the outcome of a game. But skill should be the primary factor. For example, you play a game of Solitaire or Rummy, the card decks must be randomized, as you can’t play the same deck over and over again. But because that deck is randomized, there is an element of chance and surprise, where mistakes can be made or big chances may be missed. Luck, however, still plays a secondary role to skill in these games.
Randomness and Skillification
There are definite gray areas here, which makes the classification of skill games more difficult. Randomized in-game elements are kept to a minimum through Randomness Replacement Engines, but variables can be found in every game.
To make an even playing field though, you always get the same or very similar starting conditions to your peers. No one is going to get a more favorable draw or starting layout.
What Usually Determines Whether a Skill Game Is Allowed
Skill games are allowed in states that either don’t have regulation for these products, or have the regulation and don’t class them as online casino games.
State location and residency
You are asked for your location when you sign up, and you will need to turn device location services on. VPNs and IP proxies are not allowed at skill game platforms, especially if you are playing out of a restricted zone.
State laws on skill games can vary drastically, with some states allowing all games, and others restricting just a few like playing cards. These are mentioned in the terms and conditions of skill games platforms.
Game type and contest structure
Skill games for demo credits or the free play modes are not considered gambling in any states and are available across the US. You can sign up to a skill games app and play any game in demo mode. But you can’t win any real money prizes or make any withdrawals.
Real money mode is accepted in most states, but there are some that make further restrictions on tournament structures or specific game types.
Prize model and paid entry
Paid entry immediately distinguishes the skill games apps from sweepstakes casinos where you don’t play for real money. Real money prizes are only available if you are playing the real money mode at skill games apps, and you will be able to make deposits and withdrawals.
As the outcomes are determined primarily by skill, they are not casino games that would fall under the purview of gambling control boards or divisions of gaming enforcement.
Why Some Apps Restrict Certain States
Skill games must restrict the same states where skill games are banned. These are:
These states are universally excluded from real money mode at all skill games apps. However, there are apps that can exclude various other states too. There are a number of reasons why they may do so:
Whatever the case, you will see the list of restricted states and products clearly defined in a skill games app’s terms and conditions or in their FAQs or help center.
How to Check Whether a Skill Game App Is Available to You
The terms and conditions are the best place to check whether or not a skills games app is available in your state. Alternatively, the state availability may be written into the FAQ or a Help Center too, but the terms of service or terms and conditions are the ideal place to find the full list.
Red Flags to Watch For When Reading Legality Claims
Skill games platforms are not licensed because there is no regulation on them, and thus no gambling authority to regulate them. So therefore, you have to be more diligent when looking for a suitable and reliable site or app.
It is important to check out their game rules and how they design the games to be skill-oriented rather than run on chance. Another important aspect to explore is the match-making terms.
How your skills are rated, how the platform matches you with equally skilled players, and how they manage disputes in regard to this.
While it is rare, there are isolated and remote cases of players cheating in games. They can do this using bots, unauthorized scripts, or clock-skewing devices, among other software designed to give them an advantage. Legitimate skill games apps have a zero tolerance for cheaters, and they ban anyone who is caught cheating. You can also reach out to the support team to investigate matches, and apps can also provide match logs or even replays to give clarity.
What This Means for New Players
Anyone new to skill games may find this all daunting. There are no licenses, fairness audits, and games do not run on chance but skill – but how can you build trust and where can you start?
Skill games are an emerging trend in gaming, and while they do not have the same regulation as casinos or sportsbooks, there are many reputable firms that provide fair games.
As a complete newcomer, it is best to start with the bigger and more well known platforms, and don’t start by making a deposit. Get a feel for these games, how they run on skill and learn what you can expect from them. When you have a tighter grasp of the mechanics, and build trust with an operator, you can explore playing real money modes – entering into head to head cash games or tournaments with prize pools.
FAQs
Are skill games legal in the US?
There are no nationwide regulations on online skill games, they are regulated at a state level. All states allow skill games, but select states restrict real money play on skill games apps. Each state has its own legal definition of what comprises a skill game, typically using standards such as the Material Element Test or the Dominant Test Factor. These apps use peer to peer match-making, and where real money mode is legal, you can compete against other players for tournament prize pools or H2H game entry fees.
Which US states ban skill games?
Yes, albeit only in the states where real money skill games are allowed. Right now, only Arkansas, Connecticut, Delaware, Louisiana and South Dakota ban real money skill games. Though other states may ban specific game types or tournaments, such as Indiana and Maine banning skill games that use playing cards.
Can I play real money skill games in the US?
45 states in the US allow real money skill games, and there are plenty of apps and sites where you can sign up and play these games. Real money skill games are either H2H games, where you play against 1 person, or tournament games. In H2H you are playing for the other person’s entry fee, and in tournaments you have to rank in a leaderboard to win a share in the prize pool.
Do skill games apps have fair games?
Reputable skill games apps have randomness replacement engines to reduce the role of chance and increase the dominance of skill. They are more skill-based, and while there are elements of luck and chance, these are not primary factors that determine the outcome. Match making is done based on your skill level, and you are pitted against a player of a similar skill level to yours for an equal playing field and fair game.
How do I know if a skill games app is legit?
The best signs are good references, customer feedback, widely used payment methods and a professional customer support service. Legit skill games apps are clear about their match making and skill-oriented game designs, and they only accept players who are 18+ and live in a state where real money skill games are allowed.
Are skill games apps a scam?
No, skill games are not a scam, but just like with online casino gaming or sports betting, there are offshore platforms with dodgy reputations. Skill games are not licensed like sports betting or casino gaming, which makes it harder to spot a scam. However, look for good customer support, reliable references, and read the T&Cs. The legit skill games apps are transparent about their services and have established a good reputation.
Author: Daniel Craymer
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