Field note 12 · Gaming · Last checked 13 October 2026

Pennsylvania skill games: the safe harbour has ended.

In brief

On 15 June 2026 the Pennsylvania Supreme Court held that “skill game” devices are subject to both the Gaming Act and the Crimes Code, and stayed its order for 120 days. That safe harbour ended on 13 October 2026. The legislature did not act.

The Attorney General and the State Police say that from 14 October businesses that still have the machines risk seizure and forfeiture of the machines and the money associated with them, and possible criminal charges. Their guidance is linked below; business owners should read it and speak to their own counsel.

General information, not legal advice. This note reports what the Court, the Attorney General and the State Police have published. It does not tell anyone what to do with a machine; ask your own counsel. Checked against the sources listed at the foot of this page on 13 October 2026.

What the Court decided

In a single opinion deciding two appeals (In re: Three Pennsylvania Skill Amusement Devices, No. 50 MAP 2024, and POM of Pennsylvania, LLC v. Department of Revenue, No. 2 EAP 2024), decided on 15 June 2026, a divided Supreme Court, with six justices participating, held that “skill game” devices are subject to both the Gaming Act and the Crimes Code, and reversed the Commonwealth Court. It stayed its order for 120 days, a period of safe harbour during which law enforcement was not to take adverse action against owners or operators. The Court noted that the legislature remains free to act at any time.

The deadline

  • 13 October 2026. The last day of the 120-day stay; the State Police call it the compliance deadline.
  • 14 October 2026. The day the Attorney General and the State Police say enforcement may begin.
  • No extension. On 9 October the Supreme Court denied requests to extend the stay, as reported by the Philadelphia Inquirer and City & State PA.
  • No legislation. Bills to regulate and tax skill games (SB 1079, HB 2213) and to allow a temporary transition (HB 2793, HB 2795) remain in committee. The legislature is reported to return on 19 October, after enforcement starts.

What the officials say

  • The Attorney General (29 September 2026): businesses that continue to possess, operate or maintain the machines after 14 October risk law enforcement action, which may include seizing and forfeiting the machines, associated equipment and money associated with their operation, and criminal charges where appropriate. Distributors, vendors and manufacturers that refuse to remove machines face potential criminal charges. Powering off or unplugging the machines is not sufficient to comply with the law.
  • The State Police (releases of 9 and 17 September 2026): machines remaining outside businesses licensed by the Pennsylvania Gaming Control Board face seizure as of 14 October. Its Skill Games Resources page says who to contact: the local Bureau of Liquor Control Enforcement office for liquor licensees, the local State Police station otherwise, and the State Police if a vendor will not remove the machines. It also lists an administrative citation against a liquor licence among the consequences.

Not advice. BSJ Ventures does not tell anyone whether to keep, remove or store a machine. Read the Attorney General’s and the State Police’s guidance, and speak to your own lawyer.

What the shift means

Machines leaving thousands of storefronts do not take the demand with them. Some of the cash and some of the players are likely to move to other channels, including licensed online casinos and sportsbooks, and to unlicensed sites. For licensed operators that means new accounts arriving quickly, more first deposits, and more pressure on withdrawals: exactly where payout fraud shows up. See field note 11, payout fraud in online gaming.

Questions people ask

Are skill games legal in Pennsylvania?
On 15 June 2026 the Pennsylvania Supreme Court held that skill game devices are subject to both the Gaming Act and the Crimes Code. The State Police say machines remaining outside businesses licensed by the Pennsylvania Gaming Control Board face seizure as of 14 October 2026. For your own situation, ask your own lawyer.
When does skill game enforcement start in Pennsylvania?
The Court stayed its order for 120 days, a safe harbour that ended on 13 October 2026. The Attorney General and the State Police say enforcement may begin on 14 October 2026. On 9 October the Supreme Court reportedly denied requests to extend the stay.
What happens to businesses that still have skill games?
The Attorney General says enforcement may include seizing and forfeiting the machines, associated equipment and associated money, and criminal charges where appropriate, and that powering off or unplugging the machines is not sufficient. The State Police guidance also lists an administrative citation against a liquor licence.
Did the Pennsylvania legislature act on skill games?
No. Bills to regulate and tax skill games and to allow a temporary transition period remained in committee when the safe harbour ended on 13 October 2026.

Sources

General information, not legal advice. BSJ Ventures publishes methods; it never publishes clients, cases or verdicts, and it claims no relationship with any agency, company or maker named here.

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For licensed operators

Players are moving. Watch the payouts.

For licensed online casino and sportsbook operators: one read of your deposits and withdrawals against the payout-fraud patterns, with the holds written as rules you own and the record kept. Not for machine owners, and not legal advice.

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