Valluto wrote:I've finished a very basic Criminal Code. I'd like your opinions and suggestions on things that could be added or taken out.Basic Criminal Code of Calaverde
| Author: Sebastien Canonge (Valluto, LDP) |
| Sponsors: (SPONSOR_ NATION, PARTY)
An act to establish a criminal code for the Republic of Calaverde
Article I-Altercations and CrimeA. Assault- unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not.
i. Whoever commits an assault shall be sentenced to not more than ninety (90) days and fined not more than $200.
B. Battery- the unnecessary and unlawful employment of physical force against another individual resulting in or intended to result in injury, whether with or without a weapon.
i. Whoever commits a battery shall be sentenced to not more than one hundred-eighty (180) days and be fined not more than $500.
C. Incitement of Violence- the encouragement by Person X to another party with the intent of inflicting physical harm on Person Y.
i. Whoever commits Incitement of Violence shall be sentenced to not more than ninety (90) days and fined not more than $200.
D. Affray- whereby two persons engage in unlawful fighting.
i. Whoever commits Affray shall be sentenced to not more than thirty (30) days and fined not more than $200.
E. Harassment – the continued use of action against one party by another which causes a state of fear or unease.
i. Whoever commits harassment shall be sentenced to not more than ninety (90) days and fined not more than $500.
F. Reckless Endangerment- an action taken or behavior adopted without regard to the impact of one’s actions on others, which could cause immediate and pressing concern for individual or public safety. This includes the operation of vehicles that are obviously unfit for road travel and unsafe operation of weapons, including but not limited to firearms.
i. Whoever commits harassment shall be sentenced to not more than ninety (90) days and fined not more than $200
G. Kidnapping – to extricate a person from a situation or location without their consent.
i. Whoever commits kidnapping shall be fined not more than $2,500 dollars and imprisoned for not more than five (5) years.
ii. Whoever commits kidnapping where the victim is under the age of eighteen (18), or where the victim is incapacitated, temporarily or permanently, shall be fined not more than $5,000 and imprisoned for not more than ten (10) years.
H. Unlawful Imprisonment – keeping someone at a location against their will.
i. Whoever commits unlawful imprisonment shall be fined not more than $2,000 and imprisoned for not more than two (2) years.
Article II-Loss of PropertyA. Theft- the unlawful and non-consensual acquisition of property through means other than guile, trickery, and/or deceit.
i. Whoever commits theft of property under $2,500 shall be fined no more than $2,500 and imprisoned for not more than six (6) months.
ii. Whoever commits theft of property over $2,500 shall be fined no more than $10,000 and imprisoned for not more than two (2) years
iii. Whoever commits theft shall, in addition to the sanctions prescribed in III.A.i. or III.A.ii. , pay restitution equal to the damage inflicted upon the victim(s) as a result of the theft.
B. Fraud – unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile, trickery, and/or deceit.
i. Whoever commits the crime of fraud shall be fined not more than $2,500 and imprisoned for not more than two (2) years.
C. Vandalism – the wanton destruction or defacing of another individual’s or a state’s property.
i. Whoever commits the crime of vandalism shall be fined not more than $1,000 and imprisoned for not more than one (1) year.
D. Arson – the deliberate or wrongful ignition of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. Arson must be combined with Vandalism, Assault, Murder, Manslaughter, or any attempt thereof, if and only if one of those crimes are committed as a result of or in the process of Arson.
i. Whoever commits Arson of property under $2,500 shall be fined no more than $5,000 and imprisoned for not more than one (1) year.
ii. Whoever commits Arson of property over $2,500 shall be fined no more than $15,000 and imprisoned for not less than thirty (30) days and not more than four (4) years.
iii. Whoever commits Arson shall, in addition to the sanctions prescribed in III.A.i. or III.A.ii. , pay restitution equal to the damage inflicted upon the victim(s) as a result of the arson.
E. Breaking and Entering- making entrance into a property through force when said entrance does not have the consent of the owner.
i. Whoever commits Breaking and Entering shall be fined not more than $200 and imprisoned for not more than ninety (90) days.
Article III-Breach of the PeaceA. Unlawful Assembly- Where a group of people refuse to disperse after a Constable issues an order for their assembly to do so
i. Whoever commits Unlawful Assembly shall be fined not more than $200 and imprisoned for not more than thirty (30) days.
B. Rioting- where a group of people, after and while committing Unlawful Assembly (IV.A.), is engaged in other illegal activities.
i. Whoever commits Rioting shall be fined not more than $1,000 and imprisoned for not more than ninety (90) days
ii. The sanction prescribed in IV.B.i. shall be served in addition to, consecutively or concurrently, with any sanctions that may result from additional crimes committed while rioting.
iii. A defendant must be convicted of another crime in addition to Rioting.
C. Disorderly Conduct – consists of actions liable to cause Breach of the Peace while not in an unlawful assembly.
i. Whoever commits Disorderly Conduct shall be fined not more than $200 and will be imprisoned for not more than thirty (30) days.
Article IV-Loss of LifeArticle IV – Loss of Life
A. Murder in the First Degree- the premeditated killing of a person by another person.
i. Whoever commits Murder in the First Degree shall be fined not less than $10,000 and imprisoned for not less than fifty (50) years without the possibility of parole.
B. Murder in the Second Degree- the impulsive, intentional, but not premeditated killing of a person by another person.
i. Whoever commits Murder in the Second Degree shall be fined not less than $5,000 and imprisoned for not less than twenty-five (25) years.
C. Manslaughter- the unintentional killing of a person by another person, including deaths where the killer was insane, permanently or otherwise, or in situations where it can be reasonably determined that the average person would have acted in the same manner.
i. Whoever commits Manslaughter shall be fined not more than $5,000 and imprisoned for not less than one (1) but not more than ten (10) years.
ii. If the Manslaughter was committed with a vehicle, then the defendant will have their appropriate vehicle license suspended for two (2) years immediately following the conclusion of their incarceration and/or probation.
D. Negligent Homicide- a manslaughter that could have been avoided has the defendant had performed any check or action mandated by implicit or explicit rules.
i. Whoever commits Negligent Homicide shall be fined not less than $500 and imprisoned for not more than five (5) years.
E. Criminal Neglect- the abandonment of any dependent individual, however long, which endangers the general well being of the dependent in question.
i. Whoever commits Criminal Neglect shall be fined not more than $1,000 and imprisoned for not more than two (2) years.
Article V- Sexual CrimesA. Sexual Harassment- repeated unsolicited communications of a sexual nature which causes a person to enter a state of discomfort.
i. Whoever commits sexual harassment shall be fined nor more than $1,000 and imprisoned for not more than six (6) months
ii. Whoever commits sexual harassment where a child is the victim shall be fined not more than $2,500 and imprisoned for not more than two (2) years.
B. Sexual Assault- an unsolicited action of a sexual nature involving contact which causes a person to enter into a state of discomfort or fear
i. Whoever commits Sexual Assault shall be fined not less than $500 and not more than $2,500 and imprisoned for not less than thirty (30) days and not more than two (2) years.
ii. Whoever commits Sexual Assault where a child is the victim shall be fined not more than $5,000 and imprisoned for not less than two (2) years and not more than ten (10) years.
C. Rape- non-consensual sexual penetration, however slight and whether oral, anal, or vaginal, between two people.
i. Whoever commits Rape shall be fined not less than $10,000 and imprisoned for not less than fifteen (15) years.
ii. Whoever commits Rape where a child is the victim shall be fined not less than $25,000 and imprisoned for not less than twenty-five (25) years without the possibility of parole.
D. Carnal Knowledge of a Juvenile- consensual sexual penetration, however slight and whether oral, anal, or vaginal, between two people where one person is under the age of eighteen (18) and the other is over eighteen (18) and at least twenty-seven (27) months older.
i. Whoever commits Carnal Knowledge of a Juvenile shall be fined not more than $500 and imprisoned for not more than six (6) months
ii. Whoever commits Carnal Knowledge of a Juvenile where the difference in age is greater than thirty-nine (39) months shall be fined not more than $1,500 and imprisoned for not more than two (2) years.
iii. Ignorance of the victim’s age shall not be a valid defense.
E. Possession of Child Pornography- knowingly possessing pornographic materials that depict any real person who is under the age of eighteen (18).
i. Whoever commits Possession of Child Pornography shall be fined not more than $2,500 and imprisoned for not more than two (2) years.
F. Production/Distribution of Child Pornography- producing or distributing any pornographic material that depicts, knowingly or otherwise, any real person who is under the age of eighteen (18).
i. Whoever commits Production/Distribution of Child Pornography shall be fined not less than $2,500 and imprisoned for not less than six (6) months and not more than five (5) years.
Additional NotesA. Complicity in...-is defined as knowledge of a crime before it is committed and not taking any action to prevent it, it can carry the same sanction as the crime itself, or a less severe sanction
B. Assisted... refers to taking action to aid the commission of a crime. It carries the same sanction as the crime itself.
C. Attempted... refers to taking actions to perpetrate a crim, but not completing the act for external reasons. It carries the same sanction.
D.Intent to... refers to taking actions to perpetrate a crime, but not initiating the acts for external reasons. It can carry the same or a lesser sanction as the crime.
E. Someone who cannot pay a fine or fines because they do not have the means cannot be handed one.
Looking nice so far but perhaps you could add some of the stuff Ainin's criminal code had in addition.
We should also probably ensure that we put limits on maximum sentences that judges can give overall, and ensure no judge issues the death penalty
