Americans And Unintentional Law Breaking: A Daily Occurrence

It's easy to think of ourselves as law-abiding citizens, but the truth is that most people unintentionally break several laws every day. In his book, civil liberties lawyer Harvey Silverglate estimates that the average person unknowingly breaks at least three federal criminal laws every day. A poll by onepoll.com found that the average person commits around seven crimes per week, with speeding, talking/texting while driving, and dropping litter being the most common offences. Other everyday actions that could be breaking the law include using someone else's Wi-Fi, owning a permanent marker, downloading hacked movies online, and even singing Happy Birthday in public.

Speeding

Many factors contribute to speeding. Traffic congestion can cause drivers to speed to avoid feeling like they are being impeded by other drivers. Some people speed because they are running late for an appointment, or because they enjoy driving fast. Others may speed to conform with the speed of other drivers, or because they feel detached from their surroundings when driving.

The police play a role in enforcing speed limits, but their presence can also encourage speeding. Drivers often don't want to pass a police car, so an officer driving at or below the speed limit can cause traffic to slow down. This can make it difficult for police to do their job without speeding.

Automated traffic enforcement, such as speed cameras, can be an effective way to reduce speeding and the number of accidents. However, some people oppose these measures, arguing that they are an invasion of privacy or that they are used to raise money through fines.

To address speeding, changes can be made to road design, driver training, and vehicle technology. Narrower streets and intersections, speed bumps, and different pavement materials can help slow drivers down. Improved driver training can help people develop a better understanding of the risks of speeding. Finally, technology like intelligent speed assistance can create resistance under the accelerator when a car surpasses the speed limit.

Using someone else's Wi-Fi

There have been several cases where individuals have been arrested and charged for using someone else's wireless internet connection without authorisation. For example, in Florida, a defendant was charged with criminal piggybacking, while in Alaska, Illinois, Michigan, and Florida, people were arrested for using their neighbour's Wi-Fi. In one instance, an individual was fined $400 and ordered to perform 40 hours of community service for using an unauthorised connection to check their emails.

The laws regarding piggybacking are still evolving and can vary across jurisdictions. Some states, like New York, consider piggybacking a Class A misdemeanour. The Computer Fraud and Abuse Act, a federal statute, also prohibits this practice. While the regulations may seem ambiguous, it is strongly advised not to use a Wi-Fi connection without the owner's consent. By doing so, you risk facing criminal penalties, including fines or even jail time.

It is important to note that sharing your wireless connection with a neighbour may also be illegal. Most Wi-Fi providers forbid unsubscribed and non-paying users from accessing their networks. Therefore, sharing your Wi-Fi with an unauthorised person could violate contract laws. Additionally, wireless providers can detect "excessive usage" of a single account, which may be caused by illegal sharing.

In conclusion, while using someone else's Wi-Fi may seem like a harmless act, it is considered a crime in many places. With the evolving nature of Wi-Fi technology, the laws surrounding its use are also subject to change. To avoid legal repercussions, it is always best to seek the permission of the Wi-Fi owner before using their connection.

Ignoring eBay profits on tax returns

According to a poll by onepoll.com, the average person commits around seven crimes per week. While many of these are minor crimes, such as speeding, talking/texting while driving, or dropping litter, it is still worrying that so many people are breaking the law daily. One of the less obvious ways that Americans may be breaking the law is by ignoring their eBay profits on their tax returns.

When it comes to eBay sales, not all are subject to income tax. If you are hosting an online garage sale, for example, you may not need to pay tax at all. However, if you are using eBay to make profits, the IRS will likely classify your sales activities as a business, and you will have to report your net income from eBay sales. This is calculated by subtracting the amounts you spent on allowable business-related expenses from your total gross income.

The distinction between a hobby and a business is not always clear-cut, and the IRS considers various factors when making this determination, including the frequency of sales and the time spent on the activity. If your eBay sales are classified as a hobby, you must report the income on Form 1040 but cannot offset your profits by deducting expenses.

For those who treat eBay sales as a business, there are several tax deductions that can be claimed to reduce taxable income. These include costs related to purchasing or repairing items sold, advertising expenses, and apportioned amounts of phone and internet charges related to the business. It is important to note that only tax deductions authorized by the IRS can be used to reduce gross eBay sales income.

To ensure compliance with tax laws, eBay sellers should carefully track their expenses and report their income and deductions accurately on their tax returns. This includes reporting income on Schedule C and filing quarterly taxes if they expect to owe more than $1,000 annually. By understanding their tax obligations, eBay sellers can avoid unintentionally breaking the law and potentially face legal consequences.

Public intoxication

In some states, such as California, Georgia, Indiana, Iowa, Texas, and Virginia, public intoxication is a misdemeanour. In California, for example, public intoxication falls under the state's disorderly conduct law and is punishable by county jail time or fines. In Texas, it is a Class C misdemeanour, punishable by a fine of up to $500. In other states, such as Ohio, it is a minor misdemeanour, punishable by a fine of up to $150, or community service at the court's discretion.

In some states, public intoxication is not a crime. These include Colorado, Kansas, Minnesota, Missouri, Montana, Nevada, Oregon, and Wisconsin. However, even in these states, cities may have the power to enact laws against public intoxication. For example, the city of St. Cloud in Minnesota has a law prohibiting public intoxication.

The definition of a "public place" is not always clear-cut. While private homes are not usually considered public, bars, stadiums, and restaurants are sometimes considered public places, even though they are private facilities. In Texas, for example, any "premises licensed or permitted under the Alcoholic Beverage Code" are designated as public places.

While public intoxication is generally treated as a minor offence, it can still carry penalties such as fines or probation, and may result in a referral to an alcohol treatment centre.

Jaywalking

State laws define jaywalking differently, and it is decriminalised in some states like Virginia, Nevada, and California. For instance, California's Freedom to Walk Act prevents law enforcement from issuing jaywalking tickets unless the behaviour is likely to cause harm to the pedestrian or motorist, or lead to an accident. This law aims to reduce over-policing in minority communities that lack comprehensive street infrastructure and traffic control devices.

Local jurisdictions may have less strict practices compared to state laws. For example, New York City and Minneapolis have initiatives that reduce jaywalking enforcement and instead focus on prioritising pedestrian safety.

Common jaywalking behaviours include crossing in the middle of the street instead of using designated crosswalks, disregarding "No Pedestrian" signs, weaving between parked cars to cross the street, and crossing diagonally by cutting across lanes of traffic. Ignoring pedestrian overpasses or underpasses is also considered jaywalking in many places.

The penalty for jaywalking typically includes a fine of up to $250, and these fines often increase with repeat offences. If a jaywalker endangers others or disrupts traffic, they may face additional charges such as reckless endangerment, disorderly conduct, or disturbing the peace.

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