It is a law in many places. Talking on a cellphone while driving has been illegal for a few years now here in New York, and a law against texting and driving was passed int he state legislator just this past summer. I don't know if governor Paterson has signed it or not yet. I'm not exactly sure for of the punishment, but I think its only a ticket, kind of like not wearing your seatbelt (of course thats only when you get pulled over for it, you get into an accident because of it then I'm not sure what happens, if you even live).