The Kodiak Felony Act, 637

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A resolution to levy consequences for criminal acts.

Passed 21 March 2022 - 13 Aye, 0 Nay, 1 Abstain.
Amended 01 October 2022 - 6 Aye, 3 Nay, 0 Abstain
Amended 05 January 2023 - 13 Aye, 02 Nay, 04 Abstain

Article 1 - Circumstances

The purpose of this bill is to allow the police to make arrests based on the then known facts of a crime before a trial. This is to strengthen law enforcement in their ability to make immediate decisions based on evidence prior to a criminal trial. It should deter crime and provide reference for courts in both ongoing and future felony cases.

Article 2 - Embezzlement

Embezzlement of property, money, or services will be punished by severity. Any amount of embezzlement below ₣1,000 will be met by a fine that shall be decided by the judiciary.

2.1 - ₣1,000 - ₣3,000 ---> 1 month of prison time with ₣1,500 in fines
2.2 - ₣3,000 - ₣10,000 --> 3 months of prison time with ₣5,000 in fines
2.3 - ₣10,000 - ₣30,000 --> 3 months of prison time with ₣20,000 in fines
2.4 - ₣30,000 - ₣75,000 --> 4.5 months of prison time with ₣69,000 in fines
2.5 - ₣75,000 - ₣160,000 --> 6 months of jail time with ₣142,500 in fines
2.6 - ₣160,000 - ₣500,000 --> 10 months of jail time with ₣400,000 in fines
2.7 - ₣500,000 - ₣3,000,000 --> 2 years of jail time with ₣2,000,000 in fines
2.8 - over ₣3,000,000 ---> 5 years of jail time with fines decided by judiciary

Article 3 - Assault

Any act (excluding attempted murder and those resulting in death) which are intended to cause non-fatal injury or harm to another person. Consequences depend on the success of the attempt.

3.1 - Assault cases vary depending on the circumstances of the crime, however the maximum jail sentence shall be 3 years.
3.2 - The Maximum fine for assault is ₣65,000

Article 4 - Homicide

The Act of attempting a FIRST DEGREE MURDER is punished with life in prison.

4.1 - First Degree Murder demands Life in Maximum Security Prison
4.1 - Second Degree Murder demands Life in Maximum Security Prison

Article 5 - Motor Vehicle Theft

5.1 - Unsuccessful Attempts to rob a motor vehicle will be punished with fines of ₣ 300.
5.2 - Successful Motor vehicle theft shall be punishable with up to 10 years in prison along with repossession of the vehicle and fines of up to ₣50,000

Article 6 - State Crimes

6.1 - Treason and Conspiracy to Commit Treason
6.1.1 - Any Act planned to weaken or start war against the Republic or aiding the enemies of the State.
6.1.2 - Punishable by a maximum of 30 years in Federal Prison.
6.2 - Espionage
6.2.1 - Any Act in service to another state or non state organization with intent to obtain information for malicious purposes.
6.2.2 - Punishable by a maximum of 20 years in Federal Prison.
6.3 - Sedition
6.3.1 - Any Act in which two or more people conspire to overthrow the government or oppose the legal authority of the nation by force
6.3.2 - Incitement to Insurrection shall be a charge defined as provocation of unlawful behaviour,
6.3.3 - Insurrection is defined as a violent uprising against an authority or government.
6.3.4 - Punishable by a maximum of 20 years in Federal Prison
6.4 - Corruption
6.4.1 - Dishonest or fraudulent conduct by those in service to the government of the Kodiak Republic.
6.4.2 - Subcategories of Corruption shall include charges of bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, influence peddling, graft, and embezzlement.
6.4.3 - Punishable by a maximum of 20 years in Federal Prison

Article 7 - Untraceable Wealth

7.1 - An Act to deliberately hide sources of income
7.2 - Punishable by fines with a maximum of 250% the hidden value of wealth

Article 8 - Burglary, Theft, Robbery

To attempt to rob store, house, bank etc. will be fined with half the value of the object stolen and 1 - 3 years in prison.

Robbing A house, Bank, store etc. Successfully and being caught will result in forcible forfeit of the stolen object and/or fines to up to 140% of the value of the goods/services stolen and up to 12 years in Federal Prison

Article 9 - Endangering the Welfare of a Child

9.1 - A child is defined as an individual under the age of 17 who has not become legally emancipated from their guardians.
9.2 - Endangering is defined as any act or lack thereof that either deliberately or negligently places a minor in a situation where their life or overall wellbeing is at risk.
9.2.1 - Examples include but are not limited to: Driving while under the influence with the child in the vehicle. Failing to secure medical attention for a child in need. Using controlled substances around the child. Forcing the child in question to consume pineapple pizza.
9.3 - Punishable by up to 5 years in prison

Article 10 - Cyber Crime

10.1 - Cyber crime is defined as, "the illegal usage of any communication device to commit or facilitate in committing any illegal act."
10.2 - Criminal activities are defined as, "any conduct that is prohibited by any criminal laws,"actions that are punishable through formal sanctions. Punishable offenses include:
10.2.1 - Phishing and scamming: type of social engineering attack that targets the user and tricks them by sending fake messages and emails to get sensitive information about the user or trying to download malicious software and exploit it on the target system.
10.2.2 - Identity theft: ses another person’s personal data like credit card numbers or personal pictures without their permission to commit a fraud or a crime.
10.2.3 - Hacking: unauthorized access to private computers or networks and misuse of it either by shutting it down or tampering with the data stored or other illegal approaches.
10.2.4 - Fraud: makes use of the internet and it can be considered a general term that groups all of the crimes that happen over the internet like spam, banking frauds, theft of service, etc.
10.3 - Violations are punishable by imprisonment for not more than five years (not more than 10 years for subsequent offenses) and/or a fine of not more than 250,000 Florins.

Article 11

This is not an explicit list of crimes in Kodiak. It should not be assumed that all crimes not in the Felony Code are legal and these offenses can also result in dire consequences by judicial trial. This is just a tool to give the Police flexibility to make decisions on the spot when the facts of a case are clear.

Proposed by Hoffe Von Richter

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