Should Underage Gambling Be a Crime? New Jersey Weighs a Decriminalization Bill

Should Underage Gambling Be a Crime? New Jersey Weighs a Decriminalization Bill

The Big Picture: A Four-Year Push Finally Gains Momentum

For four years, New Jersey Sen. Jim Beach (D-Camden) has urged state lawmakers to remove criminal penalties for underage gambling. Now, in 2026, his proposal appears closer than ever. Under Senate Bill 597 (SB597), minors caught gambling in Atlantic City casinos would no longer face criminal prosecution. Instead, the offense would become a civil violation punishable by fines.

The bill has bipartisan support: Beach is joined by two Democratic and two Republican cosponsors. One of those cosponsors, Sen. Kristin Corrado (R-Caldwell), sits on the Senate Judiciary Committee, where the bill was referred this week. Formally, the legislation is an act concerning penalties for underage gambling.

What SB597 Would Do

From Misdemeanor to Civil Fine

Current law treats underage gambling as a disorderly persons offense — a misdemeanor in New Jersey. That means an underage person can be arrested, processed, and saddled with a criminal record. SB597 would change this by reclassifying the act as a civil penalty. The goal is to avoid giving young people a permanent record for what supporters view as a low-level mistake.

New Fine Structure

As written, the bill sets escalating fines:

This is a notable shift from current law, which requires a minimum fine of $500 and a maximum of $1,000 for each violation. The new structure creates a clear escalation but removes the threat of jail time and criminal stigma.

Where Does the Money Go?

All fines collected under SB597 would be directed to the New Jersey Department of Human Services (DHS). There, the money would fund programs for compulsive gambling prevention, education, and treatment.

Who Else Could Be Penalized?

Casino Employees

The bill also targets employees who knowingly allow an underage person to gamble. Under SB597, those employees would face the same civil fines rather than criminal charges. This gives casino staff a stronger incentive to check IDs carefully.

Parents and Caretakers

Adults who help an underage person gamble would also be subject to civil penalties. That includes a parent or caretaker of legal gambling age who assists a minor in gaining access to a gaming floor or placing a bet.

How Casinos Enforce Age Restrictions Today

Under the New Jersey Casino Control Act, Atlantic City casinos are required to keep anyone under 21 off their gaming floors. Security teams must check IDs at every entrance and continuously monitor the casino floor for underage visitors.

The Reality of ID Checks

In practice, ID enforcement is not perfect. Casino security officers are typically told to ask for identification from anyone who appears to be 30 or younger. But fake IDs have become increasingly sophisticated, making it harder to spot underage gamblers. Even with strict procedures, mistakes happen.

Regulatory Oversight and Landmark Fines

The New Jersey Division of Gaming Enforcement (DGE) is responsible for investigating underage gambling incidents and penalizing casinos that fail to comply.

Bally’s: Record $157,500 Fine

The largest fine ever issued by the DGE for underage gambling came in November 2008, when Bally’s was ordered to pay $157,500. Regulators found that the casino had regularly allowed a young woman under 21 to gamble.

Borgata’s Earlier Penalty

Before Bally’s, the previous record was held by Borgata. In February 2008, Borgata was fined $105,000 — a penalty that at the time was considered severe but now shows how seriously the DGE treats repeat failures.

What Happens Next in Trenton

SB597 was filed in January and referred to the Senate Judiciary Committee. New Jersey is one of only five states whose legislature is still in session, with no adjournment scheduled until Dec. 17. That leaves a long runway for the bill to be debated, amended, and possibly passed before the end of the year.

The bill’s path through the committee will be key. With Sen. Corrado as a cosponsor and committee member, supporters have someone on the inside who understands the issue and can help move the legislation forward.

Why This Debate Matters

The Case for Decriminalization

Supporters argue that underage gambling should not create a lifelong criminal record. A misdemeanor can affect college financial aid, employment, housing, and military service. For a young person who sneaks into a casino, the collateral consequences may be far worse than the offense itself. Treating it as a civil violation aligns the punishment with the seriousness of the act while still holding young people accountable.

The Case for Keeping It a Crime

Opponents may worry that decriminalization sends the wrong message. They might argue that gambling is a serious addiction and that the threat of criminal charges deters underage participation. Others may question whether a $500 fine is enough to deter wealthy young gamblers. However, the bill also places responsibility on employees and adults, not just the underage person.

A Broader Trend?

New Jersey is not alone in rethinking age-related gambling penalties. Many states are moving away from criminal sanctions for low-level, nonviolent offenses, particularly when the offender is a minor. SB597 fits into a larger pattern of criminal justice reform and public health approaches to addiction.

Potential Impact on Atlantic City and Beyond

If SB597 becomes law, it would affect every Atlantic City casino, plus simulcast facilities and their sportsbooks. The change would not make underage gambling legal; it would simply make it a civil matter. Casinos would still face regulatory action from the DGE, and employees who deliberately look the other way would still face consequences.

The funding stream for gambling addiction programs is another important piece. By directing fines to DHS, the bill turns penalties into a source of support for prevention and treatment. This could help people who struggle with compulsive gambling, while also reducing the burden on the criminal justice system.

Final Thoughts

Senate Bill 597 is a carefully designed attempt to modernize New Jersey’s approach to underage gambling. It keeps meaningful penalties, adds escalating fines, protects young people from criminal records, and funds programs to help problem gamblers. The bill still needs to clear committee and win approval from both chambers, but after four years of advocacy, its supporters believe 2026 may finally be the year.

If the legislature acts, New Jersey would join a growing number of states that treat underage gambling as a public health issue rather than purely a crime.