DENVER, Colo. -- Should texting while walking be illegal? A New Jersey lawmaker thinks so.

Assemblywoman Pamela Lampitt (D-Camden) proposed a $50 fine and up to 15 days in jail for distracted walkers.

"I was just getting directions because we're not from here, so we've got to find where we're going," said Karl Henson, who was using his phone to navigate downtown Denver.

But, some people who consistently use their phone while walking down the street say the proposed punishment does not fit the crime.

"I think that's a little bit too much just for texting and walking," said Jamal Ayers, who looks at his phone to listen to music. "I think it's outrageous."

A recent Rasmussen Reports poll asked Americans if they were in favor of "a law in your community that would ban walkers from texting or talking on a cell phone while attempting to cross a street?"

Almost 4 in 10 people said they were 'in favor,' while almost half said 'no.' Fifteen percent of people say they were 'not sure.'

"I think there is definitely danger, I mean, I am young, so of course I feel like I'm invincible," said Henson. "But, if you're not paying attention, there are things moving 30 to 40 mph around here, so you can get hit."

When it comes to driving, 28 percent of Americans want to ban cell phones behind the wheel, while 68 percent of drivers polled think hands-free devices should be allowed.