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Where Skill Games Stand in Six States After a Turbulent 2026

By GamesOfSkillMag Editorial8 min read
This article was created with AI assistance and reviewed in our publication workflow. Learn more
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Skill games legal status by state changed a lot in 2026, and each state got there by a different route. Pennsylvania is enforcing a supreme court ruling. Missouri is enforcing after a federal court decision. Kentucky's 2023 ban was upheld on appeal. Virginia's governor vetoed a legalization bill. Texas got an attorney general opinion. South Carolina's exemption bill is still stalled.

None of these outcomes carries over to another state. Each one rests on that state's own statutes, courts and enforcement agencies, and the tools involved bind people very differently. Status below reflects sources as reported through mid-October 2026.

Status key: what each action binds

  • Enacted statute (Kentucky): a law passed and signed, now upheld by an appellate court.

  • Vetoed bill (Virginia): the bill did not become law, so existing law stays in place.

  • Attorney general opinion (Texas): a written interpretation that guides officials. It is not a court ruling and does not amend a statute.

  • State high court ruling being enforced (Pennsylvania): a binding interpretation of state law, now backed by State Police enforcement.

  • Federal court ruling plus state enforcement (Missouri): a federal trial court finding, followed by attorney general and local prosecutor action.

  • Pending bill (South Carolina): passed one chamber. The law has not changed.

Texas: an AG opinion on mixed chance and skill machines

Texas Attorney General Ken Paxton's Opinion KP-0520 was reported on June 11, 2026 by Texas Scorecard and Public Gaming. It answers a request from Sen. Bob Hall (R-Edgewood), who Public Gaming reported made the request in March. The Texas Association of Counties summarizes the holding: a machine offering both a chance-based mode and a skill-based mode "is a gambling device under Penal Code Chapter 47 so long as chance plays any role in determining whether the player receives something of value, regardless of the presence of skill." The underlying request is RQ-0637-KP.

The machines at issue are slot-style games with an attached Simon-Says-style memory game called "Follow Me." Players reach that game only after losing on the chance-based portion, according to Public Gaming and Texas Scorecard. Public Gaming quotes the opinion as saying "any award of value remains inextricably intertwined with the element of chance." Hall told Texas Scorecard the opinion "provides valuable guidance to law enforcement agencies, prosecutors, and local officials across Texas."

The statutory baseline did not change. Penal Code Sec. 47.01(4) defines a gambling device as a contrivance that "for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance." It excludes devices made solely for bona fide amusement that reward only noncash merchandise prizes, toys or novelties worth no more than 10 times the cost of one play or $5, whichever is less. As Texas Scorecard wrote, "While not a court ruling, an attorney general opinion is a written interpretation of the law, guiding government agencies and law enforcement officers."

Virginia: legalization vetoed, ban remains

SB 661, sponsored by Sen. Aaron Rouse (D-Virginia Beach), would have allowed up to 25,000 machines statewide under the Virginia Lottery, according to the Virginia Association of Counties. Its terms included per-location caps (7 at truck stops, 4 for ABC on-premises licensees, 3 for off-premises licensees, 2 for social organizations), a 25% tax on gross profits with 15% going to localities, Lottery licensing of manufacturers, distributors, operators and host locations, a minimum player age of 21, a 10-mile exclusion zone around casinos, and a local opt-out by referendum.

Gov. Abigail Spanberger vetoed the bill on April 10, 2026. She said it "would strain an already fragmented system" and that "the Commonwealth is not positioned to expand gaming" without an entity to evaluate its impacts. Her release cites Virginia ABC data from 2020-2021, when the devices were legal, showing they were disproportionately located in higher-poverty communities. Williams Mullen lists SB 661 as vetoed. VPM reported that supporters lacked the two-thirds majority needed to override, and that skill games stay banned even though they are still in use at convenience stores and gas stations. VPM also reported that Rouse projected more than $350 million in annual tax revenue.

Pennsylvania: supreme court ruling now enforced

On June 15, 2026, in In Re: Three Pennsylvania Skill Amusement Devices (No. 50 MAP 2024) and POM of Pennsylvania, LLC v. Commonwealth, Department of Revenue (No. 2 EAP 2024), the Pennsylvania Supreme Court held that skill game devices are "slot machines" under the Gaming Act. Justice Wecht wrote the opinion, joined by Chief Justice Todd and Justice McCaffery, and the court delayed its order for 120 days (Saiber). On Oct. 9, the court issued one-page orders, with no explanation, denying requests to push the deadline to Feb. 10, 2027. The requests came from a bipartisan group of legislators, social and veterans' organizations, Pace-O-Matic and the Skill Games Business Consortium (Barley Snyder).

The Pennsylvania State Police said that as of Oct. 14, 2026, all such devices outside PGCB-licensed businesses are unlawful and subject to "criminal prosecution and immediate seizure." The agency said six operators or distributors, whom it did not name, agreed to make devices inoperable, remove them on a rolling basis and give weekly status updates. Spotlight PA reported that the General Assembly let the deadline pass without acting, that about 70,000 machines operate statewide, and that Attorney General Dave Sunday said his office "will act in accordance with the law." Spotlight PA also wrote that action before the end of 2026 "is likely out of the question."

Missouri: federal ruling, then a statewide crackdown

On Feb. 13, 2026, the U.S. District Court for the Eastern District of Missouri found that Torch Electronics' machines "contain multiple elements of chance, thus fitting the definition of a 'gambling device'" under Missouri law (Thompson Coburn). KY3 reported that Torch said it remained confident its games followed the law and intended to appeal. The Missouri Attorney General announced on April 8 that Torch had agreed to suspend all operations effective April 10, after a joint criminal investigation with the U.S. Attorney's Offices for the Eastern and Western Districts of Missouri.

AG Catherine Hanaway and St. Louis County Prosecuting Attorney Melissa Price Smith set a June 1 deadline to remove or disable devices (Missouri Lawyers Media). The AG's 2026 releases list a Feb. 10 suit against five retail shops, March 18 felony charges in Greene County, a May 12 multi-county sting, and a June 17 seizure of 13 devices in St. Francois County. An August release reported 9 devices and more than $27,000 seized in Washington County. Thompson Coburn reports that two challenges to the enforcement, Tuners Bar & Grill v. Hanaway and a Missouri Licensing Advocacy Group case, are pending, and that the effort to legalize and tax the machines did not pass the Senate in May. The Senate record for SB 862 shows it was re-referred to committee. It is not law.

Kentucky: 2023 ban upheld

The Kentucky Court of Appeals unanimously upheld HB 594, the 2023 "gray machines" ban signed by Gov. Andy Beshear, Spectrum News 1 reported on Feb. 27, 2026. House Speaker David Osborne, a sponsor, said the decision "upholds a duly enacted law passed to protect Kentuckians and strengthen our communities."

South Carolina: exemption bill stalled

H.4129 would add Section 16-19-5, providing that paying to play a game in which skill predominates over chance, for a prize proportionate to performance, is not gambling. It passed the House 99-9 on May 7, 2025. Its last recorded action is referral to Senate Judiciary on May 8, 2025. South Carolina law has not changed.

What operators and vendors should take from this

In each of these states, a machine's status depends on that state's statute, its court rulings and how it is enforced. A vendor's description of a machine, or the label "skill game," is not a legal determination. Our editorial recommendation: when you are reviewing suppliers or contracts, write down your questions and the evidence for each answer using the vendor comparison checklist. The worksheet is a diligence record. It does not provide legal approval or verify a vendor, and decisions about specific equipment should go to qualified counsel in the relevant state.

Sources

This article reports the status of sources as of mid-October 2026. It was drafted with AI assistance from the sources cited above. Check primary sources and consult qualified counsel before making legal decisions.

Reporting is for information, not legal advice. A vendor listing or the term skill game does not establish a machine's legality in any jurisdiction.

Frequently asked questions

Are skill games legal in Pennsylvania after the 2026 Supreme Court ruling?

On June 15, 2026, the Pennsylvania Supreme Court held that skill game devices are slot machines under the Gaming Act. The Pennsylvania State Police said that as of October 14, 2026, such devices outside PGCB-licensed businesses are unlawful and subject to seizure and prosecution.

Does Texas AG Opinion KP-0520 change Texas law?

No. An attorney general opinion is a written interpretation that guides officials. It is not a court ruling and does not amend Penal Code Chapter 47. KP-0520 concludes that a machine with both chance and skill modes is a gambling device if chance plays any role in whether the player wins something of value.

Did Virginia legalize skill games in 2026?

No. Gov. Abigail Spanberger vetoed SB 661 on April 10, 2026, and VPM reported that supporters lacked the two-thirds majority needed to override. Skill games remain banned in Virginia.

Is Kentucky's gray machine ban still in effect?

Yes. Spectrum News 1 reported on February 27, 2026 that the Kentucky Court of Appeals unanimously upheld HB 594, the 2023 ban.

Did Missouri pass a law on gray machines in 2026?

No. Thompson Coburn reports that the effort to legalize and tax the machines did not pass the Senate in May, and the Senate record shows SB 862 was re-referred to committee. Enforcement followed a February 13, 2026 federal court ruling against Torch Electronics.