23 Things Americans Think Are Illegal But Aren’t
Between federal, state, and local laws, you’ll be hard-pressed to find an American who can tell you what is and isn’t legal in every jurisdiction. That’s why most Americans use their general knowledge and common sense to avoid illegal activities.
As it turns out, though, many of us are apt to believe something is illegal when it’s not. While things like owning a tiger or serving food laced with poison seem like they should be against the law, that’s not always the case.
You might be surprised to learn these 23 things are entirely above board, if not everywhere, then at least in certain jurisdictions. Want to own a monkey, walk around topless, or marry your cousin? In the right area of the U.S., there are no laws against it.
1: Lying Cops
The 1969 Supreme Court case Frazier v. Cupp upheld the practice of misrepresenting evidence to interrogation subjects. In other words, it maintained that police can lie when they’re trying to gain information about a crime.
There are some boundaries to this law, but they’re case-dependent and a little vague. The Supreme Court ruling stated that cops cannot lie if it shocks “the conscience of the court or the community.”
2: Owning a Monkey
Federal laws don’t determine whether or not you can own an undomesticated animal. Instead, state and local laws regulate this aspect of American life.
Many states have a law similar to Washington’s RCW 16.30.030, which states, “A person shall not own, possess, keep, harbor, bring into the state, or have custody or control of a potentially dangerous wild animal.” Monkeys typically fall into that category.
However, in states like Nevada, Oklahoma, and Alabama, owning a primate is perfectly legal. You don’t even need a permit.
3: Owning Big Cats
Owning tigers, cheetahs, or lions seems like a dangerous endeavor. This leads many to assume it must be illegal unless you’re a trained handler or operate a zoo.
While it’s illegal in many states, due to laws like Washington’s RCW 16.30.030, it’s not illegal everywhere. In Oklahoma, owning a tiger, lion, or cheetah is perfectly legal. However, Oklahoma residents who own exotic cats must obtain a permit if they plan to let members of the public onto their property.
4: Counting Cards
Contrary to common sense, card counting in blackjack or other gambling-based games is perfectly legal, even inside Vegas casinos. There are no federal or state laws that prohibit it.
That said, there are also no laws that prevent casinos from throwing suspected card counters off the premises. Most casinos train their staff to look for card counters and take appropriate action if they find them.
5: Olestra Foods
When fat-free, Olestra-containing foods hit the market, they certainly made an impression. The fake fat reportedly caused all sorts of digestive complications, including diarrhea, cramping, and other stomach troubles. This led the FDA to require a warning label on Olestra-containing foods, and people essentially stopped buying them.
However, despite common belief, Olestra never became a prohibited ingredient. In fact, the FDA dropped its warning label requirement in 2003.
6: Refusing Service
Many people believe that businesses can’t refuse service to would-be customers, but that’s not entirely true. Many private businesses have the right to refuse service in the United States. However, the reasons why they’re refusing matter.
Federal law prohibits businesses from refusing service on the basis of race, religion, sex, or national origin. Many states also have laws that prevent discriminatory practices.
Still, some states further protect businesses’ rights to refuse service in certain situations. For example, in Arizona and six other states, pharmacists can refuse to sell contraceptives on moral grounds.
7: Discussing Wages with Coworkers
Some people think discussing wages with coworkers isn’t allowed. While it may be frowned upon in certain settings, it’s far from illegal. In fact, the 1935 Labor Protections Act protects workers’ right to discuss their wages with each other.
Your work’s culture may discourage wage discussions, but they’re never illegal. So, if a manager or supervisor tells you not to discuss it, they’re the ones breaking the law.
8: Arsenic Laced Foods
Arsenic is a known poison that causes headaches and digestion issues. Chronic exposure can lead to cancers, skin lesions, and fatalities. However, arsenic occurs naturally in our environment, so it’s actually legal in certain foods.
According to the FDA, “Arsenic may be present in food from the environment where foods are grown, raised, or processed.” The FDA works to limit the amount of arsenic present in foods and cosmetics, but it doesn’t require the complete elimination of it.
9: Baby Walkers
Americans used to believe baby walkers were good because they might teach kids to walk faster. However, in recent years, the dangers of baby walkers have been widely publicized.
One of the most influential studies showed that between 1990 and 2014, there were over 230,000 emergency room visits for children under 15 months involving baby walkers. And there’s no sign that baby walkers aid children in learning to walk.
Baby walkers are banned in other countries, like Canada, and the American Academy of Pediatrics has called for a ban in the U.S. For now, though, baby walkers remain completely legal.
10: Corporal Punishment in Schools
The U.S. Department of Education defines corporal punishment as “paddling, spanking, or otherwise imposing physical punishment on students,” and it’s still allowed in many schools across the U.S. Though many assume the practice is illegal, it’s allowed in sixteen states.
Seven other states don’t have laws protecting corporal punishment, but also are missing any legislation expressly prohibiting it. That means a total of 23 states still allow, or at least don’t prohibit, spanking and other means of physical punishment in schools.
11: Spanking Children at Home
Modern American parenting techniques typically don’t include physical punishment, but that doesn’t mean it’s illegal. Though states differ widely on what sorts of physical punishments parents and guardians can use when disciplining their children, spanking is allowed throughout the country.
Often, state laws regarding disciplining children rely on terms like “reasonable and appropriate force” or “ordinary force.” Some states say the punishment shouldn’t leave a mark or physical injury, but none of that makes spanking or other physical forms of discipline a crime.
12: Bringing Your Own Snacks to the Movies
Technically, it’s not illegal to bring your own snacks to the movies. That said, you should probably avoid doing it unless the theater you’re attending says it’s okay.
While there’s no law that says you must buy snacks at the concession stand rather than bringing your own in, many theaters have policies against outside food and beverages. Typically, purchasing a ticket constitutes your agreement to abide by the theater’s policies. So, while they can’t arrest you for bringing in your own candy bars and canned sodas, they can throw you out.
13: Marrying Your Cousin
Marriage laws vary from state to state, but in nineteen of them, you can marry your first cousin, no questions asked. In another seven, you can marry your first cousin as long as you agree to certain conditions.
In some states, conditions include talking to a genetic counselor before signing your nuptial agreements. In other states, at least one partner must be sterile.
14: Backyard Burials
In most of America, burying a beloved family member in your backyard is perfectly legal. In fact, only three states say you can’t: California, Indiana, and Washington.
That said, most states have zoning laws that residents need to follow before they decide to bury a loved one on private property. These typically give guidance on things like how close you can bury a body to a water source, for example.
15: Underage Drinking
The federal legal drinking age is 21. However, many states have loopholes that allow minors to enjoy alcoholic beverages.
In many states, minors can consume alcohol if their parent consents and is present. Some states also allow underage drinking if it’s for educational purposes, and sometimes underage law enforcement officers can drink if they’re working undercover.
16: Removing a Mattress Tag
The tags on every mattress make it clear that removing them is illegal, but that’s not entirely true. As the consumer, you can remove the tag without consequences.
Mattress manufacturers and sellers must leave the tag in place. The tag states what the mattress is filled with and government regulations state that it must be present when the consumer purchases the mattress so that they know exactly what’s inside.
17: Driving Barefoot
Many Americans believe driving barefoot is illegal, but no state has a law against doing so. It turns out that this particular misconception is the stuff of urban legends.
In the early 1990s, one man took it upon himself to write to every DMV in the U.S. to discover whether driving barefoot was really a crime. They all responded that it was not.
That said, driving with certain footwear that may inhibit you from using the pedal is punishable by law. Ski boots, for example, are a no-go when driving a car.
18: Walking Away After Witnessing Something Bad
While many people want to help when they witness something violent or see someone in need, you’re not required to in most cases. Some states, like Minnesota, have “failure-to-act” laws that require bystanders to offer assistance if they witness an emergency.
Many other states have “good samaritan laws,” which typically protect first responders and medical providers from being sued for offering emergency aid when they’re off-duty or outside their typical practice. However, in most places, if you’re not a trained professional, you can walk away after witnessing something violent without any consequence.
19: Driving Without Clothes
In 2012, country singer Randy Travis was caught driving without clothes on. Though he was arrested, it wasn’t because driving without clothes was a crime; it turns out Mr. Travis was also driving under the influence.
There are actually no laws that require you to wear pants or a shirt while driving your vehicle, according to FindLaw.com. However, there are laws about not being dressed in public, which could make getting to and from your car in your birthday suit a bit tricky.
20: Sleeping in Your Car
Laws about sleeping in your car vary from state to state. Though many states allow you to sleep in your vehicle, some localities have restrictions on when, where, and how long you can do so.
For example, in Florida, the Department of Transportation says you can stop at a highway rest stop to nap and recharge, but you can’t stay for more than three hours. Pulling over to sleep along the side of the highway or in other locations is typically prohibited because shoulders are reserved for emergency traffic.
21: Not Carrying an ID Card
According to FindLaw.com, there is no law that requires American citizens to carry identification with them. However, you do have to carry identification to partake in certain activities, like driving.
You also must verbally identify yourself to a police officer if asked. While an officer can’t arrest you for not carrying ID when you’re walking down the street, they can arrest you for refusing to give your name.
22: Recording Conversations
According to the law offices of Matthiesen, Wickert, & Lehrer, S.C., several states allow you to record conversations as long as one person consents. The other person or people involved need not agree to be recorded. So-called one-party consent states include Alabama, Arizona, Georgia, Hawaii, Nevada, and many others.
In two-party or all-party consent states, you can only record the conversation if everyone involved agrees to it. States such as Washington, California, and Florida are all-party consent states.
23: Going Topless
According to a report by TIME, the majority of states have laws that allow women to go topless in vicinities that allow men to be topless. However, many localities ban the practice.
For example, California, in theory, allows women to walk around without a shirt, but even notoriously laid-back locales like Venice Beach prohibit the practice. Or, at least, they did; recently, the City Council voted to allow topless sunbathing for women on local beaches.
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