In 2014, the Beaver County Court of Common Pleas opined that a confiscated PA Skill Amusement Device was not a gambling device per se under Section 5513 of the Pennsylvania Crimes Code. Since that time these so called “skill game” devices have proliferated across the Commonwealth. You may have encountered a few in your local tavern, corner convenience store/gas station, or even seen a large space dedicated to operating these devices in your community. As of June 15, 2026, the legality of these “skill games” has ended.
The Pennsylvania Supreme Court, through two consolidated cases, examined the legality of these “skill games” under the Gaming Act (4 Pa. C.S. §§ 1101-1904) and the Pennsylvania Crimes Code (18 Pa. C.S. § 5513(a). In the first case, Three Pennsylvania Skill Amusement Devices, One Green Bank Bag Containing $525.00 in U.S. Currency and Seven Receipts, the Commonwealth Court had concluded that the unlicensed operation of the gambling devices was not prohibited by Section 5513(1) of the Crimes Code. In the second case, POM of Pennsylvania v. Commonwealth of Pennsylvania, Department of Revenue, and City of Philadelphia, the Commonwealth Court declared that the unlicensed operation of these “skill game” devices is not subject to regulation under the Gaming Act. Upon review, the PA Supreme Court concluded that under a plain reading of these two laws read together, these so called “skill game” devices are subject to both the Gaming Act and the Crimes Code and found that the Commonwealth Court erred in determining that these “skill games” were operating legally in Pennsylvania.
The Court recognized that these “skill games” were operating in many businesses throughout Pennsylvania, and that these businesses had placed a reasonable reliance on the various Court decisions declaring these “skill games” to be legal devices. Because of this reliance on past precedent, the Court declared a 120-day “safe harbor” period for businesses to remove machines before law enforcement could take any adverse action. The Court also pointed out that the Legislature could take any action it might deem appropriate as well.
The current state of the law with respect to so called “skill game” devices is now clear. These unlicensed devices are illegal in the state of Pennsylvania. On October 14, 2026, the 120-day safe harbor period ends, and law enforcement is authorized to begin enforcement actions against entities that possess and/or operate these illegal gambling devices. As of this writing the Legislature has not enacted any legislation addressing the legalization of these “skill game” devices, although there are several proposals circulating in both the House and the Senate. So, for now, these “skill games” remain illegal.
