The South Dakota Commission on Gaming is reminding the public that the private ownership or possession of slot machines is strictly prohibited under South Dakota law. This reminder follows a recent increase in online advertisements offering slot machines for sale by individuals, which resulted in seven machines being seized and ordered to be destroyed following the September 16, 2025, commission meeting.
Under South Dakota Codified Law (SDCL) 22-25-13, any slot machine that is not licensed and approved by the Commission is considered illegal contraband. Possession of such machines is a Class 1 misdemeanor, and violators may face criminal charges, fines, and forfeiture of the machines. A “slot machine” is defined as any device where something of value is staked and the outcome is determined by chance, regardless of whether it pays out in cash or prizes. This includes machines operated by coins, tokens, or other mechanisms. The law does not apply to coin-operated non-payout pinball tables or arcade amusements with free play features. The only exception to this law is for antique slot machines. According to SDCL 22-25-14.1, a machine is considered an antique if it is 25 years old or older and was not used for gambling purposes while in the owner's possession. Even in such cases, the burden of proof lies with the individual in possession of the machine.
“The laws regulating gaming in South Dakota are designed to protect consumers and ensure that all gaming activity remains fair, legal, and well-regulated,” said Mark Heltzel, Executive Secretary for the Commission. “We urge the public to be aware of these laws before purchasing or possessing any gaming devices.”
To report suspected illegal gaming devices or for more information, please contact:
South Dakota Commission on Gaming
Phone: (605) 578-3074
Email: DORsdgaming@state.sd.us
Website: https://dor.sd.gov/businesses/gaming/
The South Dakota Commission on Gaming remains committed to upholding the integrity of legal gaming and protecting the public from unlawful gambling activities.