Four crimes that are not illegal

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I have often written about absurd crimes that should not carry criminal penalties. Recently, I was asked if I knew of things that were not against the law, but that people generally think are illegal. I thought that to be an interesting topic, and so here are four offenses that you might think will land you in the slammer but are actually perfectly legal.

1.) Giving your children booze.

In Ohio it is perfectly legal to give your kids alcohol in very particular circumstances. Specifically, parents can give their own children alcohol so long as the parent is present the entire time to supervise the child’s consumption of alcohol. This does not have to be in your own home, and it may be in public. However, many restaurants and bars have their own policies and prohibit underage drinking of any kind in their establishment. Just because it is legal for a parent to buy their underage child a beer does not mean a restaurant is required to allow the behavior. Interestingly, this exception also applies to spouses, so a 21-year-old husband could provide alcohol to his 20-year-old wife, and he would not commit a crime.

It is very important to note that this exception applies only to your own children. If an individual provides alcohol to another person’s children, then they are committing a crime unless the child’s parents or guardians are physically present to supervise the alcohol consumption. It is also criminal to be aware of underage drinking at your home and fail to put a stop to it. I have had multiple questions about this law over the years including, “What if the kid brings a note from their parent?” “What if it is my niece/nephew?” and “Can’t I just buy the alcohol and then leave them alone?” No. No. No. The parent, guardian or spouse must be present the entire time the minor is consuming alcohol for the activity to be legal.

Additionally, it is also important to be aware that furnishing alcohol to children that are not your own not only puts you at risk of going to jail, but also carries very serious civil liability as well. If the child ends up getting injured due to intoxication that you permitted then you might be liable in a civil suit brought by the child or the child’s family. Further, if the underage person gets behind the wheel of a car and injures or kills someone, then you could be held responsible for that serious injury or death. You might have seen the ad slogan warning that “Parents who host lose the most!” That is not just a catchy commercial, but it can also be very true. You could lose quite a lot if you allow any underage person other than your own child to consume alcohol in your home.

2.) Recording telephone calls

In my personal law practice I have often used recorded telephone conversations as evidence at trial. Clients are often surprised to learn that it is perfectly legal for their telephone conversations to be recorded without the other person’s consent. In Ohio, so long as one party to the conversation knows that they are being recorded, then it is perfectly legal to record the conversation without telling the other parties that they are being recorded. This means that if you record your own telephone conversation, and you know that you are recording yourself, then it is perfectly legal to make the recording without telling the other person that they are being recorded. It is very important to note that this is valid only for telephone conversations that happen between people who are both in Ohio. Different laws may apply if you are speaking with someone in another state. However, so long as everyone is in the Buckeye State, record your own telephone calls to your heart’s content.

3.) Recording the police

While we’re on the topic of making recordings, it is also perfectly legal to record the police. You should be careful not to interfere with police as they perform their official duties. You should always stay out of the officer’s way, and you should avoid aggressive or disorderly behavior. However, you may take photographs, audio recordings, or film of any public police activities including arrests. You may also record your own interactions with police at any time. Always try to remain calm and respectful with law enforcement, even if you do not believe the officer is not behaving appropriately. You may narrate or describe events as you see them, but a police stop or arrest is not a time to argue guilt or complain about inappropriate treatment. Finally, never touch an officer without their consent. Unwanted physical contact with a law enforcement officer is almost always a criminal act, and you should never cross the line between bystander and criminal defendant.

4.) Counting cards

The Ohio Administrative Code states that, “A person who, without the assistance of another person or without the use of a physical aid or device of any kind, uses the person’s own ability to keep track of the value of cards played and uses predictions formed as a result of the tracking information in their playing and betting strategy shall not be considered to be in violation of commission rules.” Translation? So long as all you are using is your own brain, then you aren’t violating any gaming regulations if you count the cards played in a blackjack deck. Notwithstanding this, casinos are well within their rights to refuse service to anyone they choose, and they can outright ban you from gambling at their establishment for just about any reason, including if they think you are counting cards.

One final note: I am an attorney, but I wrote this column for informational purposes only. It is not intended to be legal advice, and you should not apply this information to a specific situation without speaking to an attorney of your own choosing first. Yes, lawyers can charge cold hard cash for their advice, as it is our knowledge and time that we sell to make a living. However, I promise, you are a lot better off asking permission from an attorney first than forgiveness from a judge later.

John Judkins is a Greenfield attorney.

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