Seven slot machines were seized and ordered to be destroyed following the South Dakota Commission on Gaming meeting in September (Sept. 16, 2025). That action comes after a recent increase in online advertisements offering slot machines for sale to individuals.
Mark Heltzel, Executive Secretary for the Commission, says private ownership or possession of slot machines is strictly prohibited under state law. He says 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.
Heltzel says the law does not apply to coin-operated non-payout pinball tables or arcade amusements with free play features. He says the Commission urges the public to be aware of state laws before purchasing or possessing any gaming devices.
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 only exception to this law is for antique slot machines. A slot machine is considered an antique (SDCL 22-25-14.1) if it is 25 years old or older and was not used for gambling purposes while in the owner’s possession. In such cases, the burden of proof lies with the individual in possession of the machine.
Possession of such machines is a Class 1 misdemeanor, and violators may face criminal charges, fines, and forfeiture of the machines.
To report suspected illegal gaming devices or for more information, contact the South Dakota Commission on Gaming:
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Phone: 605-578-3074
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Email: DORsdgaming@state.sd.us
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Website: https://dor.sd.gov/gaming
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