A NationStates and Forum Crimes Act

Here is the most recent law we passed on Crime in NS and on the Forums. I would be interested in hearing if you think we need this law, what changes you would make, or what additions you suggest. The Organisation of the bill may also be changed.

Criminal Justice Act

An act to provide for the definition of crimes and their punishments.
Original proposed by the Graz, 1 Jan12

Principles

1. Unless otherwise provided, no citizen can be convicted of a felony without being found to have offended willingly. Unless herein stated, ignorance of the contents of this Act is no excuse to an offense. Malice may be a presumption when the conduct is so severe on its face as to cause a reasonable person to infer malice beyond a reasonable doubt.

2. No citizen can be convicted of an offense when acting in reasonable reliance on an official statement of the law.

3. No citizen can be sentenced to banishment without statutory authorization.

4. Unless extraordinary circumstances give rise to a need, no citizen can be convicted of an offense not previously defined by law. If a citizen acts in a way that is particularly egregious, such that by the very nature of the behavior it was inconceivable beforehand, and such that the behavior cannot fit a previously defined offense, the Court may sustain charges of Felony Breach of Peace according to its judgment, but may not impose a sentence of banishment.

Categories

5. An offense is a felony when it carries a mandatory minimum penalty of forum restriction, banishment, or severe restriction of privileges. All other offenses are misdemeanors.

6. Offenses that are misdemeanors may be treated as felonies by the Court should it consider the conduct egregious enough that, should the defendant be convicted, the defendant can be sentenced to forum restriction, banishment, or severe restriction of privileges.

Jail

7. Offenders sentenced to do time in jail will have their posting rights restricted to the Jail forums. There they must have opportunity to begin topics.

8. Offenders sentenced to labor must have the posting means to perform the labor the Court has decreed as punishment.

Restrictions on Punishment

9. The Court may not impose a sentence which it deems to be severely disproportionate to the harm posed by the offending conduct.

10. The Court may not impose no restriction on political rights, save a prohibition on holding public office not to exceed three months.

Conspiracy and Attempt

11. A person is guilty of conspiracy to commit an offense when he knowingly agrees to engage in conduct that he knows would aid in the commission of the offense.

12. A person is guilty of conspiracy to commit treason when, having become aware of an ongoing conspiracy to commit treason, he does not immediately inform the government.

13. A person is guilty of attempting a crime when he has knowingly taken a substantial step in furtherance of commission of the offense.

14. Penalties for conspiracy and attempt may be limited as the Court deems justice requires.

Specific Crimes - Felony

15. Mayhem is the intentional, malicious and severe harassment of the forum community by extreme and outrageous conduct. A person may be banished for mayhem when he is a recidivist, or when the conduct is so destructive as to endanger the community and manifests an intent to destroy it.

16. Assault is the intentional and severe harassment of a member of the forum community.

17. Election fraud is the intentional subversion of the voting process by illegal means.

18. Battery is the intentional hacking or other unlawful exercise of dominion over the forum account of another member of the forum community. Battery may be committed by a forum administrator only when the administrator acts knowingly in excess of his lawful authority.

Specific Crimes - Misdemeanor

19. Defamation is the intentional and malicious assault on the character of another member of the forum community, made to a third party. When done by posting on the forum or on the RMB, defamation is called libel. When done by personal message, on-site TeleGram or over offsite messenger, defamation is called slander. Conduct undertaken during a political campaign can only be judged to be defamation when the conduct is so severe that it could serve no meaningful electoral purpose.

20. Harassment is the intentional and malicious interference with another's enjoyment of the forum community, such that the person feels threatened or otherwise unable to continue as a member of the Kodiak Republic community. Conduct cannot be deemed harassment without having first been reprimanded by the recipient unless it is severe enough that a reasonable person would have no doubt as to its offensive nature.

21. Breach of peace is the intentional and malicious interference with the forum community, such that a reasonable member of the forum community would feel threatened, disturbed, or otherwise disinclined to continue as a community member should the behavior continue.

Silmeria:

Jail

7. Offenders sentenced to do time in jail will have their posting rights restricted to the Jail forums. There they must have opportunity to begin topics.

8. Offenders sentenced to labor must have the posting means to perform the labor the Court has decreed as punishment.

This part seems excessive, when really our only punishments are bans/temp bans/post moderation/muting. I rather that than having to organise extra stuff for *NS* crimes.

here are some things that overlap with the proposed Code of Conduct, I think if this act were to be viable it would have to focus on Nationstates (NS) type crimes, rather than community stuff. So 15, 16, 20 isn't needed here, 18 might get away with being staying in such an act, in my opinion. The end effect is that we will have an act that really focuses on defining crimes in the context of NS and NS roleplay, whereas the Code of Conduct focuses on keeping the community a good place to be and also means you can't pretend you were just playing NS by being an ass.

here might be other aspects of NS crimes that aren't covered in this previous act already (spying? treason? etc).

On the plus side - I do like how it's up to the Courts to establish precedence and severity of punishment. Although clause 10 seems to have an error in its wording, but I think a new act should be made to replace this anyway.

Taiping:

Hmm. Shall we also mention that harassment also extends to off-forum communication as well?

Rykkland:

That's a good idea actually. Bigly important