The other day someone asked me how I come up with topics to blog about.
I'll admit that some topics are, well,...topical....but some just come out of left field and catch my attention.
Take, for example, this blog post.
See, the other day as I was perusing the Internet, I came upon a case from 2010.
In People v. Morales, 212 Cal.App.4th 583, 150 Cal.Rptr.3d 920 (Cal. App. 2013), a man impersonated a woman’s boyfriend and had sex with her while she was asleep.
Can you say RAPE?!
While the Court acknowledged the law was outdated and urged the Legislature to fix it, the California Court of Appeal ruled he could not be convicted of rape, because the law only criminalized impersonation of a husband, not a boyfriend.
Wait, what?!
Yeah. Up and until 2013, California Penal Code § 261 read:
Rape is defined as sexual intercourse with a person: who is not the spouse of the perpetrator, and accomplished under circumstances such as fraud—including where the victim submits under the belief that the person committing the act is the victim’s spouse.
Essentially, fraud-based rape required the victim to think she was having sex with her husband. Impersonating a boyfriend or fiancé did not qualify under § 261 at that time.
While that law was changed tout suite, it was not before the woman in question was attacked and the perp walked scot free.
Sad, that.
Sadder still is that there are GOBS of laws on the books that shouldn't be there but that cause more problems than they ever solved.
Take, for example, Oregon Revised Statutes § 538.430 which in 1925 read:
This statute granted the City of Medford exclusive rights to all remaining unappropriated water in the Big Butte Creek watershed, effectively reserving those waters for municipal use and withdrawing them from future appropriation by others.
Why this is a problem was because in Harrington v. Water Resources Department, 216 Or. App. 16, 171 P.3d 1001 (Or. Ct. App. Nov. 7, 2007), Gary Harrington, a landowner near Medford, Oregon, was convicted and sentenced to 30 days in jail (along with fines) for constructing dams to collect large volumes of water in reservoirs on his property—water he claimed was simply "rainwater".
The court ruled his reservoirs intercepted flowing water or runoff, not mere rooftop collection, thus falling under the scope of the state’s regulated water sources.
I understand where the court is coming from but, and call it what you want, but can you imagine that you can be jailed and fined for collecting rainwater?
Sure glad I don't live in Oregon.
Thing is there are a number of situations where laws, though once thought was a good idea, became out of control monsters causing havoc and mayhem on a scale never imagined by their creators, such as:
Maine (Sunday car sales ban): Under Maine Revised Statutes Title 17, § 3203, selling any motor vehicle on Sundays is illegal—punishable by up to six months in jail, a $1,000 fine, and license revocation.
- Alabama (five‑minute voting rule): Since 1961, under Alabama Code § 11‑46‑42, Alabama law mandates that voters must cast their vote within five minutes of entering the booth. Although originally intended to prevent delays, the rule historically targeted Black voters in the Jim Crow era.
Beacon, New York (pinball ban): Under the Beacon Municipal Code, the city has maintained an anti-pinball law dating back decades—originally enacted to curb gambling-related youth behavior. In 2009–2010, it was used to shut down a retro arcade museum, imposing fines of up to $1,000 per day.
Rhode Island (fake death notices & acting like governor): R.I. Gen. Laws § 11‑18‑3: Filing a false death notice to a newspaper remains a misdemeanor (penalty ~$100)—a bizarre statute rarely relevant today. § 11‑43‑7: Anyone “acting like the governor” (i.e. impersonating or exercising gubernatorial functions) faces life imprisonment. Clearly overkill for what was likely symbolic deterrence in the 1890s, it still sits on the books.
Missouri (state ban on enforcing federal gun laws): In 2024, Missouri passed a law (Missouri Revised Statutes §§ 1.410–1.485 (2021), known as the Second Amendment Preservation Act) declaring federal gun restrictions infringements - prohibiting state law enforcement from cooperating. It allowed private enforcement claims seeking $50,000 in liability per violation, discouraging officers from doing their federal duties. The law was ultimately struck down as unconstitutional—but only after damaging confusion and chilling enforcement efforts. Local commentators described it as “poorly written with unintended consequences,” citing risk to public safety and legal exposure for troopers.
D.C. (300-year-old Statute of Anne used against modern sports betting): A Delaware LLC used the British Statute of Anne (D.C. Code § 16–1702—a law over 300 years old) to sue major sports betting operators in D.C. under rules allowing third-party loss recovery exceeding $25 (half going to the city). This triggered legal chaos, prompting City Council to consider retroactive repeal to stabilize the industry. Modern legalized betting stands in direct conflict with the archaic statute, causing uncertainty and market disruption.
And that's just the tip of the iceberg. I suspect there are hundreds of laws on the books that are just waiting to cause mayhem to future litigants, like:
Ala. Code § 11-41-14: misdemeanor for failing to return a borrowed item after 60 days; $25 fine
R.I. Gen. Laws § 11‑6‑2 – Adultery: Every person who shall commit adultery shall be fined not exceeding five hundred dollars ($500); and illicit sexual intercourse between any two (2) persons, where either of them is married, shall be deemed adultery in each.
Minnesota Statutes § 343.36: No person shall operate, run or participate in a contest, game, or other like activity, in which a pig, greased, oiled or otherwise, is released and wherein the object is the capture of the pig…” Violations are classified as a misdemeanor.
Under California Fish & Game Code § 6883, frogs used in frog‑jumping contests cannot be eaten or used for any purpose if they die during the event—they must be destroyed promptly and may not be consumed.
Idaho Code § 18‑5003: (1) Any person who willfully ingests the flesh or blood of a human being is guilty of cannibalism; (2) Affirmative defense: the act was taken under extreme life‑threatening conditions as the only apparent means of survival; (3) Penalty: imprisonment in state prison for up to 14 years.
Georgia Code § 39‑2‑17: Prohibits the sale, apprenticeship, or employment of minors under 12 years of age for performances such as rope or wire walking, begging, gymnastics, contortionism, circus riding, acrobatics, or clowning, as well as for any indecent, obscene, or immoral exhibition or practice. Violations are classified as misdemeanors.
Chapter 8.44 of the Carmel (California) Municipal Code, titled "Permits for Wearing Certain Shoes" prohibits wearing shoes with heels exceeding two inches in height and with a base of less than one square inch on public streets and sidewalks, unless the wearer obtains a permit from the City Clerk.
Tenn. Code Ann. § 49‑6‑1301(7) defines “gateway sexual activity” as sexual contact that could lead to non‑abstinent behavior—even actions like kissing or hand-holding.
Tenn. Code Ann. § 49‑6‑1304(b)(1) explicitly prohibits instruction that “promote, implicitly or explicitly, any gateway sexual activity” as part of the family life curriculum in schools.
Under Tenn. Code Ann § 49‑6‑1306(b)(1), a parent can sue instructors or outside organizations for promoting gateway sexual activity—with potential fines up to $500, actual damages, and attorney’s fees if they win —though these provisions exclude teachers directly employed by the school district.
Blasphemy Laws:
- Massachusetts Statute General Laws, Chapter 272, Section 36 Prohibits the willful blasphemy or profanation of the Lord's Day.
Michigan Penal Code, Act 328 of 1931, Section 750.102: Criminalizes blasphemy, defined as the act of cursing or reviling God.
- South Carolina Code of Laws, Title 16, Section 16-17-520 makes it a misdemeanor to use "blasphemous, profane, or obscene language" at or near a place of religious worship, carrying penalties of a fine ($20–$100) or imprisonment for 30 days to one year. This law, which also prohibits disturbing religious meetings.
- Wyoming Statutes, Title 6, Chapter 6, Section 1-29-106 prohibits the publication of blasphemous or indecent matter.
Now I'm not going to go around and spout blasphemy but that's me. Who am I go to off saying you can't say what you want?!
Thing is there's a whole lot of laws out there in legal land - and that's not necessarily a good thing. Consequently you might want to lawyer up before you go and violate something you didn't even know there was a law against it!
I'm just sayin.
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