Are Fantasy Sports Leagues Legal?
As with any other illegal gambling matters, if a fantasy sports league involves the elements of (1) prize, (2) chance and (3) consideration, then it is an illegal “lottery” prohibited by Kansas criminal law. See K.S.A. 21-4303. Typically, fantasy leagues involve participants (“owners” or “managers”) who assemble a fantasy team via a pretend draft of professional athletes. Each manager’s team then accumulates points based on their selections’ weekly individual performances. In most local fantasy sports leagues, the prize and consideration elements are not in doubt. As prizes, local leagues typically award something valuable to the top finishers. Prizes can include cash, gift certificates, televisions, or other items redeemed from tickets. Likewise, the “consideration” element is not doubtful in leagues that require managers to pay some fee to participate. Under Kansas law, consideration means “anything which is a commercial or financial advantage to the promoter or a disadvantage to any
