It shouldn't be illegal at all. People should practice observation and discernment.

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It's not a crime.

Awesome. I don't think anyone claimed that it was.

Everyone claims the action itself is a crime, but the courts in America have ruled it's not a crime to do something like that, but if it results in harm, it could lead to criminal charges.

That last part is what I disagree with.

Never heard of disturbing the peace? Every action can be a crime thats what the laws for