Attorney General Dave Sunday says the ruling is a “significant victory for consumers, taxpayers and the rule of law in Pennsylvania”
Pennsylvania Attorney General Dave Sunday has lauded the Pennsylvania Supreme Court’s ruling that “skill games” are illegal under the state’s Crimes Code and Gaming Act.
Earlier this week the Court handed down a 5-2 ruling declaring that electronic “skill games” are legally considered slot machines, overturning years of lower-court rulings that had allowed the devices to operate in a legal and regulatory gray area.
Justice David Wecht said that skill games meet multiple legal definitions of gambling devices and are “slot machines several times over”.
The Court reasoned that while a player’s skill might slightly improve the outcome, the fundamental result of the game is still dictated by chance, placing the machines firmly under the authority of the Pennsylvania Gaming Act and Crimes Code.
The ruling follows arguments made by the Office of Attorney General before the Court in November 2025 that the electronic machines – found in numerous convenience stores, bars, restaurants and other establishments across the Commonwealth – operate as unlicensed and unregulated slot machines.
The Office of Attorney General argued that embedding an element of so-called skill into the games does not exempt the devices from Pennsylvania gambling laws.
“Today’s ruling is a significant victory for consumers, taxpayers and the rule of law in Pennsylvania,” Attorney General Sunday said. “The Supreme Court recognized what our office has argued from the beginning – these machines operate as gambling devices and cannot legally exist without the same oversight, regulation and accountability as other forms of legalized gaming in the Commonwealth.
“Pennsylvanians deserve protections that ensure games are fair, transparent and operated within the bounds of the law.”
There are an estimated 70,000 skill game machines operating throughout the Commonwealth, which exceeds Pennsylvania’s regulated casino slot machines.
Despite declaring the machines illegal in their current unregulated state, the Supreme Court issued a 120-day stay on enforcement.
This four-month window prevents law enforcement from immediately seizing the machines from local businesses, and effectively acts as a timer for the Pennsylvania General Assembly, giving state lawmakers an opportunity to formally pass legislation to regulate and tax the games.
If the legislature fails to enact a regulatory framework before the stay expires, the devices will be subject to police seizure.
“The Pennsylvania Supreme Court’s ruling makes clear that ‘skill games’ are illegal slot machines under state law,” said American Gaming Association president and CEO Bill Miller. “We applaud the Supreme Court’s decision and commend Attorney General Sunday for his leadership in holding these operators accountable.
“This ruling protects Pennsylvania consumers, business owners, and communities from the harms these so-called ‘skill games’ pose and the public revenue they divert.”