13 Surprising Things That Aren’t Actually Illegal

While the laws in various prohibit many things, some things just aren’t illegal even when they seem like it. From marrying your cousin to driving in your birthday suit, you can actually do things that may be frowned upon but you cannot be prosecuted for. One of my favorite eccentric influencers, Oobah Butler, once actually based an entire Vice project on odd things that are illegal in Britain. So, here I set out to find the exact opposite, i.e., things we think are illegal but are in fact quite legal, at least in certain or most states:

1. Having a monkey for a pet

Monkey on a scooter

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Image Credit: kallerna, Own Work – CC BY-SA 4.0/Wiki Commons.

A lot of people wanted monkeys as pets growing up. And why wouldn’t they? Monkeys are highly intelligent animals while also being cute as a button. That said, in Alaska, Ohio, New York, Utah, Vermont, Maryland, Maine, Missouri, Minnesota, Georgia, and New Hampshire it’s illegal to own a monkey. But that does mean one can own one in all other 38 states. In Oregon, you can even have one as a service animal. But maybe the beauty of certain things should be enjoyed exactly where they belong, which is in the wild. 

2. Having exotic animals

Northern Giraffe
Stefan Krause, Own Work – CC BY-SA 3.0/Wiki Commons.

Social media has made having exotic animals seem like all the rage. While some states thankfully prohibit this, in others, like Massachusetts, you can even have your very own bear. Delaware allows people to keep tigers as long as they have a license. Lions, cheetahs, and even a giraffe — one can own them all in certain states. 

3. Fat-free chips made with Olestra

Bag of Chips Crisps
Image Credit: Shutterstock.

Olestra or Olean, a fat substitute found in many packaged treats, can cause cramping and frequent trips to the bathroom. It also reduces the body’s capacity to absorb vitamins. Despite that, FDA warnings were lifted from food containing Olestra in 2003. To date, the substitute is still fully legal in all US states, making it one of those things that isn’t banned but definitely should be.

4. Marrying your cousin

Wedding Bride and GRoom
Image Credit: Shutterstock.

Keeping it in the family is not just a thing in sweet home Alabama. In at least 25 states, one can marry their first cousin. Others put some certain age restrictions and allow marriage if one of the cousins was adopted. If it’s not your first cousin, though, you can marry them in practically any state.

5. Marrying your step-sibling

Wedding People Married Couple
Image Credit: Shutterstock.

Speaking of keeping it in the family, one is perfectly allowed to marry their step-sister or brother in any US state. There is no law prohibiting this marriage anywhere. But it is considered a social taboo and many will frown upon such a relationship. This could lead to the couple getting ostracised and pushed to the margins of society.

6. Backyard burials

Grave Burial
Image Credit: Shutterstock.

Most states in the US allow one to bury one’s loved ones in their properties, including their backyard. Of course, there are zoning laws for this, including one about how close to a water body one may dig a grave. This oddly bizarre practice is practically banned in rest of the developed world.

7. Removing that mattress tag

Mattress Tag
Image Credit: Shutterstock.

Many of us refuse to remove tags from certain things long after their warranty periods are over. This includes towel tags and tags on blankets and mattresses. Despite one’s reluctance to remove these markers, it is in fact perfectly legal to do so. Only manufacturers and stores need the tags anyway and they can be gotten rid of the moment after purchase.

8. Driving naked

Car Traffic
Image Credit: Shutterstock.

While it might not be legal or accepted to walk around the neighborhood naked, you can always drive your car in your birthday suit. But if someone notices you getting in or out of the car while fully nude, they may raise a complaint that can get you prosecuted for public lewdness.

9. Going Topless

Clothes on the bed
Image Credit: Shutterstock.

Speaking of flaunting one’s birthday suit, it’s actually legal to go topless for both men and women across most states. Actually, only three states prohibit women from baring their chests in public, including Indiana, Tennessee, and Utah. Some local and zonal laws may prohibit such behavior, though, and authorities may make arrests citing public disruption. That said, such claims would not easily hold up in any court of law. 

10. Sleeping in your car

Sleeping in car
Image Credit: Shutterstock.

It’s not technically illegal to sleep in your car anywhere. That said, you must ensure that you are not parked illegally. Other than that, your blood alcohol level should not be above the legal limit. If it is, you should not be in your car and can be arrested. In around 14 states, it’s also legal to park at any rest stop and take a quick nap in your car.

11. Driving while sleepy

Sleepy Man Yawning Driving
Image Credit: Shutterstock.

This is another one of those things that is not illegal but definitely should be. Especially since a huge percentage of accidents are caused by drowsy or tired drivers. Despite that, it’s only illegal to drive your car while sleepy in Arkansas and New Jersey. While most states have attempted to pass a law making this illegal, all attempts have failed so far.

12. Performing surgery without a good night’s sleep

Surgery Surgeons Operation
Image Credit: Shutterstock.

A good full night’s sleep is necessary for anyone, but especially someone who is going to open another person up on an operating table. Less sleep can mess with one’s cognitive functions and motor skills. Despite that, surgeons aren’t legally required to get a full night’s sleep before a surgery.

13. Recording a conversation

Woman Recording Speaking Phone
Image Credit: Shutterstock.

Most states allow one to legally record a conversation even if the other party isn’t aware that they are being recorded. There are ten states that are exceptions to this rule, though, including Delaware, Illinois, California, Maryland, Montana, Massachusetts, Pennsylvania, New Hampshire, and Washington. Nevada and Connecticut employ a mixed consent rule that allows them to consider the context to determine whether the action was legal and necessary.

Author

  • Ananyaa Bhowmik

    Ananyaa Bhowmik is a neurodivergent and queer pop-culture journalist with the Wealth of Geeks. She has previously worked with brands like Sterling Holidays, Myntra, All About Vision, and the Loud Interactive. She has an MPhil in Comparative Literature and is now an independent scholar, cat parent, and performance poet. Her areas of research and interest focus on and around digital marketing, Canadian indigenous history, queerness in media, and pop-culture and fandom studies.

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