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Comment by euyyn | Hacker News Reader

What's an example of such common behavior?

A lot of small businesses get caught up in structuring charges. The IRS requires banks to report deposits of greater than $10,000. But it's illegal to break up a large deposit into multiple deposits that are less than $10,000. (IANAL, so I'm not sure if you have to do this with the intent of actually avoiding the reporting requirement.)

For lots of small businesses in cash-heavy markets (e.g., gas stations or convenience stores), it's pretty easy to end up making a series of $8000 deposits and end up being charged with structuring. Regardless of whether you can beat the charge, the cost of having to defend yourself is punishment enough.

Of course, you can argue that this isn't really common --- most people aren't small business owners who happen to be making just under $10,000 every week. But the point is that even though each of these laws ends up targeting a small fraction of people, there are enough of them that everyone ends up violating a few of them at some point.

Off the top of my head... Distracted driving is a crime in many states now (where distracted has been interpreted more or less broadly to include electronic devices or even eating while driving). Having a phone playing Spotify/Pandora/$X into your car stereo can be a punishable offense in MA, OR, WA, NY, etc.

Just because there have not been actual convictions for said offenses does not mean they are not prosecutable. Depending on the state, simply interacting with an electronic device while driving (to change the station for example), can be a punishable offense.

> Depending on the state, simply interacting with an electronic device while driving (to change the station for example), can be a punishable offense.

I wonder if these laws have an "out" for police officers while they are driving...?

In Georgia, yep, police are specifically exempted. They can do whatever they want on their laptops (or other devices)

Distracted driving is now the leading cause of traffic accidents, above even speeding and drunk driving. That to me is a strong sign that it ought to be illegal.

Also, traffic infractions usually aren't crimes or misdemeanor in most jurisdictions.

To be fair it probably always has been the leading cause. Especially if you include things like yelling at your kids to stop messing with each other, day dreaming, etc. The issue isn't that it is dangerous, the issue is that it is selectively enforced.

Also, regardless of the level of criminality, driving infractions can be/are selectively enforced. Being pulled over for being distracted can quickly lead to being arrested for some other offense, or for the police to search your car, or even for them to claim you were aggressive and shoot you dead.

License plates aren't exactly common on wood splitters, irrigation trenches, concrete mixers and other towable equipment that's small enough to be a two man lift but they're required. In some states it's a higher end misdemeanor to not have your papers in order when traveling on public roads.

I know that's not something the typical urban/suburban HN visitor deals with on a daily basis but it happens.

https://mic.com/articles/86797/8-ways-we-regularly-commit-fe...

I wouldn't call any of those exactly 'common', but they're far from criminal.

It doesn't have to be common or recent as long as a sufficient number of people are caught in the dragnet.

These laws exist to only be used sparingly as needed. They're to be used as a surprise "gotcha" for someone that couldn't otherwise be "gotten" If prosecution under these sort of laws was overused they the laws would be changed.

I'm not saying I agree with it.

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