It’s a general presumption that people should know what activities are considered crimes in Tennessee. You shouldn’t steal. If you hit someone, you’ll probably be arrested. If you drive over the speed limit, you’ll be ticketed. If you sell drugs, you’re breaking the law.

It’s normally not an excuse to say, “But Your Honor, I thought what I was doing was legal.” Still, there are times that even a judge might be surprised that something is considered a crime. Some laws that were enacted decades or even centuries ago are still valid law today, even though the conduct is now acceptable. Some crimes are… well, just strange. Some crimes are rather obscure.

For example, it was technically illegal to sing “Happy Birthday to You” without permission from the song’s writers: Mildred and Patty Hill. The Hills copyrighted the song. Singing it (especially if you made a recording of it for money) was illegal. In 2016, the courts ruled that the song is in the public domain which means anyone can sing it – even when you’re kind of hoping they wouldn’t.

Best Life, an online publication, lists more than a few criminal offenses that will surprise you – because you and people you know have probably already committed them:

• Using a fake name online. Some people don’t want to disclose their true identity when they purchase items through the Internet. That’s understandable. Unfortunately, it’s also illegal “according to the Computer Fraud and Abuse Act, which was used to prosecute a Rhode Island prison guard in 2010 for creating a fake Facebook profile for his boss.”
• Underage drinking. Parents, teenagers, and 20-year-old people need to know this law. It’s not an excuse to say that everyone does it. If you’re under 21; you can’t buy, possess, consume, or transport alcoholic beverages, wine, or beer. And it’s illegal to drive while drunk at ANY age, no matter where you are.
• Player poker with the guys or ladies. It’s illegal to gamble – though you’d have to have some really good hands and play with high-roller friends. The Illegal Gambling Act of 1970provides that you could be charged if your winnings for the day exceed $2,000.
• Sharing your password. This one is specific to Tennessee. While you may think you’re doing a friend a favor, it is illegal to share your Netflix password (and possibly other subscription service passwords) with anyone who’s not covered on your account.
• Sharing medication. If a friend or even a relative is having pain or discomfort, you cannot share your meds. That’s illegal. Your friend or relative needs to see a physician. The physician needs to write a prescription. The friend or relative then needs to have the prescription filled by a pharmacy. You can technically be charged with a drug crime if you share prescription medication.
• It saves time to walk in the middle of the street instead of walking down to the closest intersection, but it’s illegal in most places. The local law enforcement authorities could give you a ticket for it, too.
• Throwing out your old cell phone. You finally get enough money together to upgrade your smartphone. Great. But what should you do with your old cellphone? According to Best Life, e-waste may be illegal due to concerns about toxic chemicals and metals. If not disposed of properly, the cellphones “can end up in water supplies and cause other health risks.” You should consider giving your old cellphone to the store that sells you the new cellphone.
• Driving under the speed limit. Everyone should know that you can’t drive over the speed limit. You can also receive a citation if you drive under the speed limit, but generally only if you are going so far under the speed limit as to pose a danger to other drivers. If the speed limit is 55 mph, you’re probably OK driving at 50 mph or even 40 mph. If you’re going 20 mph, you need to get off the road.
• Riding your bicycle through a red light. Just as drivers in motorized vehicles are required to stop when there’s a red light, bicycle riders are required to follow the traffic laws too. Even if there’s no traffic around, you can’t look both ways and then proceed through a red light while on your bicycle.

Unusual laws make for strange crimes throughout the country

According to Reader’s Digest, the following activities are illegal in the following states:

• In Little Rock, Arkansas, it’s illegal to honk your horn in front of a sandwich shop after 9:00pm.
• You can’t kiss your wife on Sunday. We’re pretty sure this law isn’t enforced.
• In Rehoboth Beach, Delaware,if October 31 is a Sunday, you can’t trick-or-treat. Instead, Halloween activities should be scheduled for October 30.
• You can’t shoot fish in a barrel. “If something is easy, you might say it’s like ‘shooting fish in a barrel,’ but then clearly, you haven’t been fishing in Indiana, where shooting fish is illegal, as is catching them with your bare hands.”
• It’s illegal to wear your hat in a theater, auditorium, or place of amusement. It’s based in politeness, though; a tall hat would block the view of other patrons.
• If you serve apple pie, “a good faith effort” is required to be made to also serve a glass of cold milk, a slice of cheddar cheese weighing a minimum of 1/2 ounces, or a large scoop of vanilla ice cream.
• New Hampshire. You can’t take seaweed from the seashore. (You can still grab some shells as souvenirs, though.)

At Banks & Jones, our experienced criminal defense lawyers take all criminal charges seriously – even when the laws seem silly or outdated. For nearly 30 years, we’ve fought to obtain dismissals and acquittals of criminal charges. We fight aggressively to keep our clients out of jail. We’re not afraid to cross-examine the police, contest the admissibility of evidence, and pursue all your legal and factual defenses. To speak with a seasoned criminal defense lawyer, who represents defendants in and near Knoxville, please call us at 865-546-2141 or use our contact form to schedule a free consultation.