Laws try to be as comprehensive as possible but not clear-cut. In a trial, they can be pried open by lawyers arguing for another way to interpret them. At times, the ambiguity behind some laws helps people walk away scot-free. Other times, it unnecessarily lands people behind bars.
Take the case of Hamid Rehaif, who studied at the Florida Institute of Technology under a student visa but flunked out. Despite losing his student status, the Emirati man remained in the U.S., where one day, he rented a gun and fired a few shots in the shooting range. The FBI arrested Rehaif and charged him with violation of the Gun Control Act (GCA), codified under 18 USC §922.
You can find more information about the law and the case, but it ended with Rehaif’s acquittal by the U.S. Supreme Court. The government failed to prove ‘mens rea’ or an intent to commit a crime. The case marked a change in federal firearms cases, which now requires evidence that the accused is aware that he’s not allowed to possess a gun.
Laws being open to various interpretations justifies the need for a lawyer in any case. Aside from the GCA, you might find yourself violating any of the following laws and not made aware of it.
- Connecting to Unsecured WiFi
Piggybacking or using an unsecured WiFi without the owner’s explicit consent is a federal crime, but the laws deeming it a crime aren’t exactly uniform. The Computer Fraud and Abuse Act, passed in 1986, penalizes unauthorized access to a computer. Since the widespread use of WiFi, however, the law has yet to be updated.
The lack of uniform legislation has forced states to adopt their respective anti-piggybacking laws. For example, a Michigan man in 2007 had to pay USD$ 400 and perform 40 hours of community service after piggybacking off of a coffee shop’s WiFi. However, this story is one of a handful of instances, as these laws are difficult to enforce.
2. Living Together Unmarried
Only Michigan and Mississippi currently have cohabitation laws that ban unmarried couples from living under one roof. Michigan has moved forward with a bill that will repeal its 90-year ban, but it’s been in limbo since endorsing it in 2019. Mississippi hasn’t taken any known action, given its strict conservative stance on moral family values.
Even then, lawyers say that Mississippi hardly enforces its cohabitation law because of the required standard of proof. Courts and prosecutors are better off dealing with civil issues that arise from the couples’ unmarried status, such as marital property and alimony. In other words, cohabitation laws will eventually be out the window in every state.
3. Public Intoxication
In some states, looking plastered after having one too many drinks is a misdemeanor; but in others, appearance alone isn’t enough. A public intoxication charge must also prove that the drunkenness had caused a disturbance or harm and occurred in a public place. States like Montana and Missouri don’t prohibit public intoxication, but they can detain drunk people if they’re a public safety risk.
However, blaming alcohol for more severe crimes like DUI and domestic violence won’t fly. It’s because there’s usually enough evidence to prove mens rea, meaning the accused is aware that the act is a crime. While substance abuse aggravates violent actions, the argument is that the accused should still be capable of some control.
4. Social Gambling with Money
Codified under 18 USC §1955, the Illegal Gambling Business Act prohibits any gambling activity that involves five or more people in running it and earns over USD$ 2,000 in any day over 30 days. These requirements, however, have been the subject of debate among lawmakers due to the broad scope regarding involvement.
If you’re planning on poker night with friends, the best way to play is not to involve money. Your game can include chips, but make sure that neither the host nor any player receives any monetary benefit. It would also be better to stick to card games, as some states outlaw operating a blackjack table or roulette at home.
Conclusion
For these laws and others, it mostly comes down to evidence of intent to commit the crime. There are as many ways to prove mens rea as ways to disprove it, which is why it pays to have a lawyer to discuss these complexities and dispute them in court. Whether by lawful or unlawful charges, a record of doing jail time is never a good thing to have in your repertoire.