Post by Feirmont on Sept 29, 2020 10:24:28 GMT -5
Criminal Code Act
Title
1. This Act shall be cited as the Criminal Code.
Scope; limitations
2. This Act lists the offenses that may be prosecuted criminally in Spiritus.
3. Administrative action is not bound by this Act. Every person present in Spiritus is expected to abide by similar community standards and rules as exist in any other region, and must observe any applicable Terms of Service.
4. Regardless of whether conduct constitutes a criminal offense under this Act, the presiding judge must refer criminal charges for administrative action instead without delay, if they
a) comprise conduct that would incur RL criminality; or
b) fall within the scope of the exceptions of section 12 of the Citizenship Act; or
c) involve hacking, threats of RL harm, or the unwanted transmission of sexually explicit content.
5. The statute of limitation, after which charges may no longer be filed, shall be six months for felonies and two months for infractions, beginning with the date of the successful completion of the offense.
Infractions
6. Whosoever knowingly provides false or misleading information in the course of a citizenship application or a security check is guilty of the infraction of Citizenship Fraud.
A conviction of Citizenship Fraud effects forfeiture of citizenship in lieu of other sanctions.
7. Whosoever discloses information classified or protected by law or executive order, or from a forum section or Discord channel not open to the general citizenry, to a person not authorized to such information, is guilty of the infraction of Unlawful Disclosure.
8. Whosoever, without authorization, represents or attempts to represent Spiritus or the government of Spiritus in any official environment, or whosoever falsely claims to hold elected or appointed office in Spiritus, is guilty of the infraction of Impersonating a Government Official.
9. Whosoever falsely claims to hold an award or title under the Honors of Spiritus Act, or falsely displays any graphic representation thereof, is guilty of the infraction of Misuse of Awards.
10. Whosoever
a) recruits or attempts to recruit for another region in Spiritus; or
b) promotes or attempts to promote another region in Spiritus without the Chief Executive's permission; or
c) engages in recruitment activities in violation of NationStates rules or Spiritus statutes or treaties
is guilty of the infraction of Illegal Recruitment.
11. Whosoever accuses another publicly or in communication with a third party of criminal conduct, in full knowledge that the accusation is false, is guilty of the infraction of Defamation. Proof of full knowledge is not required when the victim has been charged with and acquitted of the alleged conduct.
12. Whosoever, after having been warned against such conduct, continues to post excessively and in a disruptive way in a forum section or Discord channel not expressly designated for spam is guilty of the infraction of Unlawful Spamming.
13. Whosoever, after having been warned against such conduct, continues to post without authorization in a forum section or Discord channel reserved for official use is guilty of the infraction of Governmental Contempt.
Felonies
14. Whosoever
a) seizes or attempts to seize any position under the Constitution in a manner other than a lawful election or appointment; or
b) establishes or attempts to establish a government not provided for by the Constitution
is guilty of the felony of Treason.
15. Whosoever incites or attempts to incite rebellion against the lawful government of Spiritus is guilty of the felony of Sedition.
16. Whosoever
a) abuses official, administrative, or moderatorial powers; or
b) employs or attempts to employ threats or harassment
in order to influence or change the outcome of an election is guilty of the felony of Election Tampering.
17. Whosoever collects or attempts to collect information classified or protected by law or executive order, or from a forum section or Discord channel not open to the general citizenry, with the intent to disclose them to a government, organization, institution or person outside of Spiritus, is guilty of the felony of Espionage.
18. Whosoever, without lawful excuse
a) deletes or edits posts of another user; or
b) deletes or edits user accounts; or
c) imposes kicks or bans; or
d) refuses to carry out an action required by statute or the competent government official;
e) fails to comply with a lawful warrant or court order
is guilty of the felony of Admin Abuse.
19. Whosoever knowingly provides false, misleading, or incomplete information to the Supreme Court, or to the Legislature in the course of an official hearing, is guilty of the felony of Perjury.
20. Whosoever, while being on probation from a prior conviction, knowingly commits another criminal offense, is guilty of the felony of Probation Violation.
Offenses with Special Provisions
21. a) Whosoever disrupts the order of the Court, or derails or attempts to derail proceedings, or fails to follow or execute an order of the Court, is guilty of the infraction of Contempt of Court.
b) A finding of contempt does not require a trial. The presiding judge shall give fair warning before making a finding of contempt.
c) For failure to follow or execute an order of the Court, multiple sequential findings and sentences may be made and imposed until the offender complies with the order of the Court.
22. a) Whosoever, after having been warned against such conduct, contacts another person against their known wishes is guilty of the infraction of Harassment in the Second Degree.
b) An offender is guilty of the felony of Harassment in the First Degree instead if one or more of the following aggravating factors is present:
1. Efforts or attempts to circumvent blocking, such as the creation of additional accounts
2. Threatening or abusive language
c) Harassment of an overtly sexual nature must be referred for possible administrative action.
Title
1. This Act shall be cited as the Criminal Code.
Scope; limitations
2. This Act lists the offenses that may be prosecuted criminally in Spiritus.
3. Administrative action is not bound by this Act. Every person present in Spiritus is expected to abide by similar community standards and rules as exist in any other region, and must observe any applicable Terms of Service.
4. Regardless of whether conduct constitutes a criminal offense under this Act, the presiding judge must refer criminal charges for administrative action instead without delay, if they
a) comprise conduct that would incur RL criminality; or
b) fall within the scope of the exceptions of section 12 of the Citizenship Act; or
c) involve hacking, threats of RL harm, or the unwanted transmission of sexually explicit content.
5. The statute of limitation, after which charges may no longer be filed, shall be six months for felonies and two months for infractions, beginning with the date of the successful completion of the offense.
Infractions
6. Whosoever knowingly provides false or misleading information in the course of a citizenship application or a security check is guilty of the infraction of Citizenship Fraud.
A conviction of Citizenship Fraud effects forfeiture of citizenship in lieu of other sanctions.
7. Whosoever discloses information classified or protected by law or executive order, or from a forum section or Discord channel not open to the general citizenry, to a person not authorized to such information, is guilty of the infraction of Unlawful Disclosure.
8. Whosoever, without authorization, represents or attempts to represent Spiritus or the government of Spiritus in any official environment, or whosoever falsely claims to hold elected or appointed office in Spiritus, is guilty of the infraction of Impersonating a Government Official.
9. Whosoever falsely claims to hold an award or title under the Honors of Spiritus Act, or falsely displays any graphic representation thereof, is guilty of the infraction of Misuse of Awards.
10. Whosoever
a) recruits or attempts to recruit for another region in Spiritus; or
b) promotes or attempts to promote another region in Spiritus without the Chief Executive's permission; or
c) engages in recruitment activities in violation of NationStates rules or Spiritus statutes or treaties
is guilty of the infraction of Illegal Recruitment.
11. Whosoever accuses another publicly or in communication with a third party of criminal conduct, in full knowledge that the accusation is false, is guilty of the infraction of Defamation. Proof of full knowledge is not required when the victim has been charged with and acquitted of the alleged conduct.
12. Whosoever, after having been warned against such conduct, continues to post excessively and in a disruptive way in a forum section or Discord channel not expressly designated for spam is guilty of the infraction of Unlawful Spamming.
13. Whosoever, after having been warned against such conduct, continues to post without authorization in a forum section or Discord channel reserved for official use is guilty of the infraction of Governmental Contempt.
Felonies
14. Whosoever
a) seizes or attempts to seize any position under the Constitution in a manner other than a lawful election or appointment; or
b) establishes or attempts to establish a government not provided for by the Constitution
is guilty of the felony of Treason.
15. Whosoever incites or attempts to incite rebellion against the lawful government of Spiritus is guilty of the felony of Sedition.
16. Whosoever
a) abuses official, administrative, or moderatorial powers; or
b) employs or attempts to employ threats or harassment
in order to influence or change the outcome of an election is guilty of the felony of Election Tampering.
17. Whosoever collects or attempts to collect information classified or protected by law or executive order, or from a forum section or Discord channel not open to the general citizenry, with the intent to disclose them to a government, organization, institution or person outside of Spiritus, is guilty of the felony of Espionage.
18. Whosoever, without lawful excuse
a) deletes or edits posts of another user; or
b) deletes or edits user accounts; or
c) imposes kicks or bans; or
d) refuses to carry out an action required by statute or the competent government official;
e) fails to comply with a lawful warrant or court order
is guilty of the felony of Admin Abuse.
19. Whosoever knowingly provides false, misleading, or incomplete information to the Supreme Court, or to the Legislature in the course of an official hearing, is guilty of the felony of Perjury.
20. Whosoever, while being on probation from a prior conviction, knowingly commits another criminal offense, is guilty of the felony of Probation Violation.
Offenses with Special Provisions
21. a) Whosoever disrupts the order of the Court, or derails or attempts to derail proceedings, or fails to follow or execute an order of the Court, is guilty of the infraction of Contempt of Court.
b) A finding of contempt does not require a trial. The presiding judge shall give fair warning before making a finding of contempt.
c) For failure to follow or execute an order of the Court, multiple sequential findings and sentences may be made and imposed until the offender complies with the order of the Court.
22. a) Whosoever, after having been warned against such conduct, contacts another person against their known wishes is guilty of the infraction of Harassment in the Second Degree.
b) An offender is guilty of the felony of Harassment in the First Degree instead if one or more of the following aggravating factors is present:
1. Efforts or attempts to circumvent blocking, such as the creation of additional accounts
2. Threatening or abusive language
c) Harassment of an overtly sexual nature must be referred for possible administrative action.
The current text of this Act, as of September 23rd, 2020