Think you’re law abiding? Read on

You Break the Law Every Day … Without Even Knowing It

Estimates of the current size of the body of federal criminal law vary. It has been reported that the Congressional Research Service cannot even count the current number of federal crimes. These laws are scattered in over 50 titles of the United States Code, encompassing roughly 27,000 pages. Worse yet, the statutory code sections often incorporate, by reference, the provisions and sanctions of administrative regulations promulgated by various regulatory agencies under congressional authorization. Estimates of how many such regulations exist are even less well settled, but the ABA thinks there are ”nearly 10,000.”

If the federal government can’t even count how many laws there are, what chance does an individual have of being certain that they are not acting in violation of one of them?

I did not know, for example, that it is illegal to sleep in a bathtub in Detroit. Or that in Pennsylvania, no man may purchase alcohol without written consent from his wife and it is illegal to sing in a bathtub.

Not that this is a new topic here, but I’m glad to see it getting wider discussion.


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8 responses to “Think you’re law abiding? Read on”

  1. Veeshir Avatar

    I used to not believe too much in conspiracy theories, but since nearly every, non-alien/bigfoot, one I’ve heard has turned out to be true, I’m going to have to assume that this is on purpose.

    This way, if you piss off the government they have a reason to lock you up.

    I just got up and made a pot of coffee, I’m wondering how many laws I’ve broken this morning.

  2. Eric Scheie Avatar

    That’s about right. And as to the chumps who think they are innocent citizens, let them go ahead and deny that they broke any laws! There is a notorious catchall crime prosecutors absolutely love that we mistakenly call “lying to government officials.” Few people know that the lie does not even need to be made to any government official or in any official investigation or proceeding:

    http://corporate.findlaw.com/litigation-disputes/how-to-avoid-going-to-jail-under-18-u-s-c-section-1001-for-lying.html

    ***QUOTE***

    Did you know that it is a crime to tell a lie to the federal government? Even if your lie is oral and not under oath? Even if you have received no warnings of any kind? Even if you are not trying to cheat the government out of money? Even if the government is not actually misled by your falsehood? Well it is.

    Title 18, United States Code, Section 1001 makes it a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. Your lie does not even have to be made directly to an employee of the national government as long as it is “within the jurisdiction” of the ever expanding federal bureaucracy. Though the falsehood must be “material” this requirement is met if the statement has the “natural tendency to influence or [is] capable of influencing, the decision of the decisionmaking body to which it is addressed.” United States v. Gaudin , 515 U.S. 506, 510 (1995). (In other words, it is not necessary to show that your particular lie ever really influenced anyone.) Although you must know that your statement is false at the time you make it in order to be guilty of this crime, you do not have to know that lying to the government is a crime or even that the matter you are lying about is “within the jurisdiction” of a government agency. United States v. Yermian , 468 U.S. 63, 69 (1984). For example, if you lie to your employer on your time and attendance records and, unbeknownst to you, he submits your records, along with those of other employees, to the federal government pursuant to some regulatory duty, you could be criminally liable.

    Even in our age of ever expanding federal power, the breadth of this statute (and the discretion it lodges in prosecutors) is awesome. Congress has regulated so many areas of our lives and federalized so many functions that the reach of Section 1001 is virtually boundless.

    ***END QUOTE***

    The “innocent” have everything to fear. Innocence has been effectively abolished.

    (And of course, now that Obamacare has federalized your health records, lying to your doctor about whether you smoke or how much you eat will become yet another federal crime.)

    As to why people aren’t more outraged, I do not know. Probably denial…

  3. Bob Thompson Avatar
    Bob Thompson

    This must certainly mean that President Obama, along with a multitude of other Federal government officials, has broken this law many times.

  4. Simon Avatar

    Bob,

    I have read at some places on the www that there are people thinking of accusing Obama of breaking the law.

    As the rage in the country escalates they may find a sympathetic prosecutor to take up the charges.

  5. sarareilly Avatar
    sarareilly

    In Fort Collins, Colorado, it is illegal to walk down Main Street with a live duck in a paper bag. Main street being outside of town between two vacant lots. I occasionally wanted to violate this law, but ducks are fast.

  6. Gringo Avatar
    Gringo

    When Martha Stewart was convicted and jailed for whatever the feds considered her guilty, a bright student intern at the company where I worked said it was good that the feds caught criminal acts.I replied to him that if the feds wanted to get Martha Stewart- they could have found umpteen laws to break her on. Moreover, if the feds wanted to break me- or a bright student intern- they could find a law. That surprised the bright student intern.

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