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The Nihilistic view
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Posts: 11424
Founded: May 14, 2013
Ex-Nation

Postby The Nihilistic view » Wed Jul 03, 2013 7:01 am

Rumostan wrote:
The Nihilistic view wrote:Nice to see you take this issue seriously. debate ended.


Wow, that was mature.


"So, was insinuating I desire children to run 500 laps of the school a day. Now if you excuse me I have places to be."

Boris walks out.
Last edited by The Nihilistic view on Wed Jul 03, 2013 7:01 am, edited 1 time in total.
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Rumostan
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Founded: May 11, 2013
Ex-Nation

Postby Rumostan » Wed Jul 03, 2013 7:03 am

The Nihilistic view wrote:
Rumostan wrote:
Wow, that was mature.


"So, was insinuating I desire children to run 500 laps of the school a day. Now if you excuse me I have places to be."

Boris walks out.


Senator Johnson looked in amazement, a perfectly normal debate had just ended with one person having a sulk. He then say down to continue reading his newspaper.
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Kouralia
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Posts: 15140
Founded: Oct 30, 2011
Democratic Socialists

Postby Kouralia » Wed Jul 03, 2013 8:26 am

The Criminal Code of the Aurentine Commonwealth
| Author: Kouralia |
Sponsors: Malgrave, Nihilistic View, Seelelander, Phing Phong, Oneracon, New Zephua
| Urgency: Unimaginably |




A - Terminology:
  • 'Person X', 'The Perpetrator', 'X' or 'Indvidual X' refers to the individual in an example who commits the crime.
  • 'Person Y', 'The Victim', 'Individual Y' or 'Y' refers to the individual in an example who is wronged.
  • 'Constable Z', or 'Z' refers to any Law Enforcement Personnel in an example.



B - Altercations and Crime:
i Assault: An assault is the unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not. It is a Delict.
ii Battery: A Battery is 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. It is a Delict.
iii Incitement of Violence: Incitement of Violence is when Person X encourages (with intent) an additional party to employ unlawful physical force against Person Y. It is a Contravention.
iv Affray: Affray is whereby two Persons X engage in unlawful fighting. It is a Contravention.
v Harassment: Harassment is continued use of any action against Person Y by Person X which causes a state of fear or unease. It is a Contravention.
vi Reckless Endangerment: Reckless Endangerment is determined as any 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 non-road-worthy vehicles and lack of appropriate fire-arms safety. It is a Delict.
vii Kidnapping: Kidnapping is determined to be extricating a person from a situation or location without their consent. It is a Delict.
iix Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.

C - Loss of Property:
i Theft: Theft is determined as the unlawful and non-consensual acquisition of property through means other than guile. It is a Delict.
ii Fraud: Fraud is determined as the unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile. It is a Delict.
iii Vandalism: Vandalism is determined as the wanton destruction or defacing of another individual's or a state's property. It is a Delict.
iv Arson: Arson is determined as the deliberate or wrongful igniting of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. It is a Delict, and must be combined with Vandalism, Assault, Murder, Manslaughter or Attempted thereof.
v Breaking and Entering: Is determined to be making entrance into a property through force when said entrance does not have the consent of the owner. It is a Contravention.

D - Breach of The Peace:
A Breach of the Peace is defined as a situation whereby conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community occurs. It is not an offence in and of itself, however a Constable may remove an individual (and arrest them for resisting such removal) from a situation if their presence is likely to cause a Breach of The Peace. A Breach of the Peace Offence includes the following:
i Unlawful Assembly: Unlawful Assembly is where a group of people remain undispersed after Constable Z issues an order for their Assembly to disperse. It is a Contravention.
ii Rioting: Rioting is where an undispersed crowd (post order to disperse in accordance with Ci) is engaged in other illegal activities, including Theft, Vandalism, Rioting, Resisting Arrest, Murder, Affray, Assault etc. It is a Delict.
iv Disorderly Conduct: Disorderly Conduct consists of actions liable to cause a Breach of The Peace while not in an unlawful assembly. It is a Contravention.

E - Loss of Life:
i Murder in the First Degree: Murder in the First Degree is determined to be the premeditated killing of Person Y by Person X. It is a Felony.
ii Murder in the Second Degree: Murder in the Seond Degree is determined to be the implusive, intentional but not premeditated killing of Person Y by Person X. It is a Felony.
iii Manslaughter: Manslaughter is determined as the unintentional killing of Person Y by Person X. It is a Delict.
iv Death by Dangerous Driving: Death by Dangerous Driving is determined as Manslaughter committed through the medium of a controlled vehicle - where the fault of the incident lies with the driver. It is a Delict which mandates additional punishment with regard to license to own and/or operate said form of vehicle.
v Death by Gross Negligence: Death by Gross Negligence is determined to be one where by the Manslaughter was avoidable if Person X had performed any check or action mandated by Implicit or Explicit rules. It is a Delict which may mandate an additional punishment with regard to confiscation of materials.
vi Criminal Neglect: Is determined as the abandonment of an individual under the age of seventeen or a dependent, whether temporary of conclusive, which endangers the physical, mental, or emotional well-being of the minor or dependent in question. It is a Contravention, however may be applied on top of Death by Gross Negligence.

F - Sex Offences:
i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as intercourse between Person X and an under age Person Y. It is a Delict.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
vi Possession of Child Pornography: PoCP is determined as knowingly holding or possessing pornographic materials, defined as any images designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

F - Offences Relating to Law Enforcement:
i Resisting Arrest: Resisting Arrest is defined as acting in a manner whereby Person X intends to escape from or combat Constable Z in the act of lawfully arresting Person X. It is a Contravention, on top of any other offence.
ii Impeding the Duties of a Public Officer: IDPO is determined to be any act (whether or not it involves assault on Constable Z or not) whereby any third party attempts to impede a Police Officer in the lawful discharge of his or her duties. It is a Contravention, and is on top of any other offence.
iii Wasting Police Time: Wasting Police Time is determined to be any action whereby a crime is falsely reported to a degree that it affects the Constabulary's ability to deal with other crime. It is a Contravention.
iv Giving False Evidence: Giving False Evidence (whether it leads to a wrongful conviction or not) is determined to be the act of knowingly falsely testifying verbally or in a written/electronic manner, or providing falsified evidence. It is a Delict.
v Impersonation of a Police Officer: IPO involves any action, dress or communication whereby an individual intends to appear as an officer of the law to a degree that members of the public can be reasonably expected to derive confusion. This is a Contravention even if the intent was not to exploit the situation.
vi Concealment of Crime: CoC is determined to be knowing of a crime, and not reporting it to the police. It is a Contravention, but may be taken as Complicity in the Crime.

G - Communication and Membership Offences:
i Slander: Slander is determined as spoken untruthful and malicious defamation of character. It is a Contravention.
ii Libel: Libel is determined as written untruthful and malicious defamation of character. It is a Contravention.
iii Blackmail: Blackmail is determined by using information about Person Y to force Person Y's hand in an action. It is Contravention, but can be added on to Concealment of a Crime.
iv Language Liable to Cause Affray: LLCA is determined to be employment of Taboo Lexis, or Lexis intended to cause offence in another individual. It is a Contravention.
v Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top.




H - Additional Notes:
Complicity in... refers to knowledge of a crime prior to it being committed, and not taking action to prevent it. It carries the same punishment as the crime, but cannot be a Felony.
Assisted... refers to taking action to aid committing a crime. It carries the same punishment as the crime.
Attempted... refers to taking actions to perpetrate a crime, but not completing the act for external reasons. It carries the same punishment as the crime.
Intent to... refers to taking actions to perpetrate a crime, but not initiating the act for external reasons. It carries the same punishment as the crime, but cannot be a Felony.

If someone does not have the means to pay a fine, they cannot be handed it.


The Above are hereby determined to be Crimes: thus arrests may be made for, charges may be brought for and a trial may follow on from committing them.
Last edited by Kouralia on Wed Jul 03, 2013 10:59 am, edited 11 times in total.
Kouralia:

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Malgrave
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Posts: 5738
Founded: Mar 29, 2011
Democratic Socialists

Postby Malgrave » Wed Jul 03, 2013 8:28 am

I shall sponsor this Comrade Kourie, after the addition of kidnapping and certain other things I shall PM.
Last edited by Malgrave on Wed Jul 03, 2013 8:31 am, edited 1 time in total.
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Unicario
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Ex-Nation

Postby Unicario » Wed Jul 03, 2013 8:30 am

I don't like the provisions in assembly. Sounds like totalitarianism to me.
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Seelelander
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Founded: May 09, 2012
Ex-Nation

Postby Seelelander » Wed Jul 03, 2013 8:30 am

I am also willing to co-sponsor this bill.

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The Nihilistic view
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Posts: 11424
Founded: May 14, 2013
Ex-Nation

Postby The Nihilistic view » Wed Jul 03, 2013 8:30 am

Kouralia wrote:
The Criminal Code of the Aurentine Commonwealth
| Author: Kouralia |
Sponsors:




A - Terminology:
  • 'Person X', 'The Perpetrator', 'X' or 'Indvidual X' refers to the individual in an example who commits the crime.
  • 'Person Y', 'The Victim', 'Individual Y' or 'Y' refers to the individual in an example who is wronged.
  • 'Constable Z', or 'Z' refers to any Law Enforcement Personnel in an example.



B - Altercations and Crime:
i Assault: An assault is the unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not. It is a Delict.
ii Battery: A Battery is 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. It is a Delict.
iii Incitement of Violence: Incitement of Violence is when Person X encourages (with intent) an additional party to employ unlawful physical force against Person Y. It is a Contravention.
iv Affray: Affray is whereby two Persons X engage in unlawful fighting. It is a Contravention.
v Harassment: Harassment is continued use of any action against Person Y by Person X which causes a state of fear or unease. It is a Contravention.
vi Reckless Endangerment: Reckless Endangerment is determined as any 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. It is a Contravention.

C - Loss of Property:
i Theft: Theft is determined as the unlawful and non-consensual acquisition of property through means other than guile. It is a Delict.
ii Fraud: Fraud is determined as the unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile. It is a Delict.
iii Vandalism: Vandalism is determined as the wanton destruction or defacing of another individual's or a state's property. It is a Delict.
iv Arson: Arson is determined as the deliberate or wrongful igniting of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. It is a Delict, and must be combined with Vandalism, Assault, Murder, Manslaughter or Attempted thereof.

D - Breach of The Peace:
A Breach of the Peace is defined as a situation whereby conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community occurs. It is not an offence in and of itself, however a Constable may remove an individual (and arrest them for resisting such removal) from a situation if their presence is likely to cause a Breach of The Peace. A Breach of the Peace Offence includes the following:
i Unlawful Assembly: Unlawful Assembly is where a group of people remain undispersed after Constable Z issues an order for their Assembly to disperse. It is a Contravention.
ii Rioting: Rioting is where an undispersed crowd (post order to disperse in accordance with Ci) is engaged in other illegal activities, including Theft, Vandalism, Rioting, Resisting Arrest, Murder, Affray, Assault etc. It is a Delict.

E - Loss of Life:
i Murder in the First Degree: Murder in the First Degree is determined to be the premeditated killing of Person Y by Person X. It is a Felony.
ii Murder in the Second Degree: Murder in the Seond Degree is determined to be the implusive, intentional but not premeditated killing of Person Y by Person X. It is a Felony.
iii Manslaughter: Manslaughter is determined as the unintentional killing of Person Y by Person X. It is a Delict.
iv Death by Dangerous Driving: Death by Dangerous Driving is determined as Manslaughter committed through the medium of a controlled vehicle - where the fault of the incident lies with the driver. It is a Delict which mandates additional punishment with regard to license to own and/or operate said form of vehicle.
v Death by Gross Negligence: Death by Gross Negligence is determined to be one where by the Manslaughter was avoidable if Person X had performed any check or action mandated by Implicit or Explicit rules. It is a Delict which may mandate an additional punishment with regard to confiscation of materials.
vi Criminal Neglect: Is determined as the abandonment of an individual under the age of seventeen or a dependent, whether temporary of conclusive, which endangers the physical, mental, or emotional well-being of the minor or dependent in question. It is a Contravention, however may be applied on top of Death by Gross Negligence.

F - Sex Offences:
i Sexual Harassment: Sexual Harassment is determined by repeated communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any action of a sexual nature involving contact which causes Person Y to enter a state of discomfort. Or any action of a sexual nature (including Sexual Harassment) which causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as consensual intercourse between Person X and an under age Person Y. It is a Delict.
v Sexual Offences toward a Minor: SOtM is determined as Rape, Sexual Assault or Sexual Harassment toward a Minor and mandates a more extreme Punishment.
Possession of Child Pornography: PoCP is determined as holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more individuals under the age of consent. It is a Delict.

F - Offences Relating to Law Enforcement:
i Resisting Arrest: Resisting Arrest is defined as acting in a manner whereby Person X intends to escape from or combat Constable Z in the act of lawfully arresting Person X. It is a Contravention, on top of any other offence.
ii Impeding the Duties of a Public Officer: IDPO is determined to be any act (whether or not it involves assault on Constable Z or not) whereby any third party attempts to impede a Police Officer in the lawful discharge of his or her duties. It is a Contravention, and is on top of any other offence.
iii Wasting Police Time: Wasting Police Time is determined to be any action whereby a crime is falsely reported to a degree that it affects the Constabulary's ability to deal with other crime. It is a Contravention.
iv Giving False Evidence: Giving False Evidence (whether it leads to a wrongful conviction or not) is determined to be the act of knowingly falsely testifying verbally or in a written/electronic manner, or providing falsified evidence. It is a Delict.
v Impersonation of a Police Officer: IPO involves any action, dress or communication whereby an individual intends to appear as an officer of the law to a degree that members of the public can be reasonably expected to derive confusion. This is a Contravention even if the intent was not to exploit the situation.
vi Concealment of Crime: CoC is determined to be knowing of a crime, and not reporting it to the police. It is a Contravention, but may be taken as Complicity in the Crime.

G - Communication Offences:
i Slander: Slander is determined as spoken untruthful and malicious defamation of character. It is a Contravention.
ii Libel: Libel is determined as written untruthful and malicious defamation of character. It is a Contravention.
iii Blackmail: Blackmail is determined by using information about Person Y to force Person Y's hand in an action. It is Contravention, but can be added on to Concealment of a Crime.
iv Language Liable to Cause Affray: LLCA is determined to be employment of Taboo Lexis, or Lexis intended to cause offence in another individual. It is a Contravention.




H - Additional Notes:
Complicity in... refers to knowledge of a crime prior to it being committed, and not taking action to prevent it. It carries the same punishment as the crime, but cannot be a Felony.
Assisted... refers to taking action to aid committing a crime. It carries the same punishment as the crime.
Attempted... refers to taking actions to perpetrate a crime, but not completing the act for external reasons. It carries the same punishment as the crime.
Intent to... refers to taking actions to perpetrate a crime, but not initiating the act for external reasons. It carries the same punishment as the crime, but cannot be a Felony.


The Above are hereby determined to be Crimes: thus arrests may be made for, charges may be brought for and a trial may follow on from committing them.


Nice!! Well done. You have my support.
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Oneracon
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Posts: 4735
Founded: Jul 18, 2012
Ex-Nation

Postby Oneracon » Wed Jul 03, 2013 8:39 am

I propose an amendment to F-vi (PoCP):
vi Possession of Child Pornography: PoCP is determined as holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.
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Kouralia
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Posts: 15140
Founded: Oct 30, 2011
Democratic Socialists

Postby Kouralia » Wed Jul 03, 2013 8:42 am

Unicario wrote:I don't like the provisions in assembly. Sounds like totalitarianism to me.

Well, suggest an alternative wording, hmm?
Oneracon wrote:I propose an amendment to F-vi (PoCP):
vi Possession of Child Pornography: PoCP is determined as holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.
Done.

Added Seelelander, Mal and Nihil as sponsors. Added Kidnapping, Unlawful Imprisonment and Membership of an illegal organisation.
Kouralia:

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Phing Phong
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Posts: 1748
Founded: Sep 04, 2008
Ex-Nation

Postby Phing Phong » Wed Jul 03, 2013 8:48 am

Oneracon wrote:I propose an amendment to F-vi (PoCP):
vi Possession of Child Pornography: PoCP is determined as holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.


i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as consensual intercourse between person X and person Y, where person X is over the age of consent and person Y is under the age of consent. It is a Delict.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
Possession of Child Pornography: Possession of Child Pornography is determined as knowingly holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

I have added to Oneracon's edits of the section dealing with sexual offences, including more completely defining concepts raised and removing unnecessary, undefined acronyms. Also, I recommend defining all legal terms such as "delict" used in the Act in the introduction.

If these changes are made, I am happy to sponsor.
Last edited by Phing Phong on Wed Jul 03, 2013 8:50 am, edited 4 times in total.
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Kouralia
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Posts: 15140
Founded: Oct 30, 2011
Democratic Socialists

Postby Kouralia » Wed Jul 03, 2013 8:51 am

Phing Phong wrote:
Oneracon wrote:I propose an amendment to F-vi (PoCP):
vi Possession of Child Pornography: PoCP is determined as holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.


i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as consensual intercourse between person X and person Y, where person X is over the age of consent and person Y is under the age of consent. It is a Delict.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
Possession of Child Pornography: Possession of Child Pornography is determined as knowingly holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

I have added to Oneracon's edits of the section dealing with sexual offences, including more completely defining concepts raised and removing unnecessary, undefined acronyms. Also, I recommend defining all legal terms such as "delict" used in the Act in the introduction.

If these changes are made, I am happy to sponsor.

Statutory Rape is different to Rape. Raping a kid is Rape and SOTM combined. Currently adding the rest.

EDIT: added.
Last edited by Kouralia on Wed Jul 03, 2013 8:52 am, edited 1 time in total.
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New Zepuha
Minister
 
Posts: 3077
Founded: Dec 31, 2009
Ex-Nation

Postby New Zepuha » Wed Jul 03, 2013 8:52 am

Can you include Public Drunkenness and Disorderly Conduct into the such bill above? Also define what a delict and contravention carry in most cases. Also, Assault on an Officer should be added as a felony. There are two types of resisting arrest, Non-Violent and Violent.

An example of Resisting Arrest Without Violence: A man refuses to exit his vehicle while a Constable is in process of arresting him.

Fleeing and Eluding: Fleeing the police in a manner in which someone is hiding and using non-violent means to escape capture.

Non-Roadworthy Vehicle: A vehicle that is is such a derelict state that it is a direct danger to other motorists.

Un-Lawful/Dangerous use of a Firearm: Use of a firearm in a manner that is endangering public safety or a direct danger to yourself. i.e. Firing a gun into the air on a city street or populated area.

Also add me to the sponsors please.
Last edited by New Zepuha on Wed Jul 03, 2013 8:58 am, edited 1 time in total.
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Kouralia
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Founded: Oct 30, 2011
Democratic Socialists

Postby Kouralia » Wed Jul 03, 2013 8:53 am

New Zepuha wrote:Can you include Public Drunkenness and Disorderly Conduct into the such bill above? Also define what a delict and contravention carry in most cases.

Nu... That's up to the court to decide, @ part 2.
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Phing Phong
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Founded: Sep 04, 2008
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Postby Phing Phong » Wed Jul 03, 2013 8:53 am

Kouralia wrote:
Phing Phong wrote:
i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as consensual intercourse between person X and person Y, where person X is over the age of consent and person Y is under the age of consent. It is a Delict.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
Possession of Child Pornography: Possession of Child Pornography is determined as knowingly holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

I have added to Oneracon's edits of the section dealing with sexual offences, including more completely defining concepts raised and removing unnecessary, undefined acronyms. Also, I recommend defining all legal terms such as "delict" used in the Act in the introduction.

If these changes are made, I am happy to sponsor.

Statutory Rape is different to Rape. Raping a kid is Rape and SOTM combined. Currently adding the rest.

Statutory rape is any sexual intercourse between an underaged person and another person. The statutory bit means that it is always considered rape under law, regardless of whether consent was given by the minor, as the minor cannot legally give consent. I removed the word "consensual" because it suggests that the minor is legally able to consent, when that is not the case.
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Kouralia
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Postby Kouralia » Wed Jul 03, 2013 8:56 am

New Zepuha wrote:Can you include Public Drunkenness and Disorderly Conduct into the such bill above? Also define what a delict and contravention carry in most cases.

Added.
Phing Phong wrote:
Kouralia wrote:Statutory Rape is different to Rape. Raping a kid is Rape and SOTM combined. Currently adding the rest.

Statutory rape is any sexual intercourse between an underaged person and another person. The statutory bit means that it is always considered rape under law, regardless of whether consent was given by the minor, as the minor cannot legally give consent. I removed the word "consensual" because it suggests that the minor is legally able to consent, when that is not the case.
Edited. Added as Co-Sponsor.
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Postby Oneracon » Wed Jul 03, 2013 8:57 am

I will also cosponsor
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Postby Welsh Cowboy » Wed Jul 03, 2013 9:00 am

Perhaps a distinction between theft, robbery, and burglary?

And will there be sentencing provisions in this act?
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Postby New Zepuha » Wed Jul 03, 2013 9:00 am

New Zepuha wrote:Can you include Public Drunkenness and Disorderly Conduct into the such bill above? Also define what a delict and contravention carry in most cases. Also, Assault on an Officer should be added as a felony. There are two types of resisting arrest, Non-Violent and Violent.

An example of Resisting Arrest Without Violence: A man refuses to exit his vehicle while a Constable is in process of arresting him.

Fleeing and Eluding: Fleeing the police in a manner in which someone is hiding and using non-violent means to escape capture.

Non-Roadworthy Vehicle: A vehicle that is is such a derelict state that it is a direct danger to other motorists.

Un-Lawful/Dangerous use of a Firearm: Use of a firearm in a manner that is endangering public safety or a direct danger to yourself. i.e. Firing a gun into the air on a city street or populated area.

Also add me to the sponsors please.

I edited this before people made some posts, sorry just reposting so it doesn't get buried and missed.
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Postby Ainin » Wed Jul 03, 2013 9:04 am

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Kouralia
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Postby Kouralia » Wed Jul 03, 2013 9:06 am

Welsh Cowboy wrote:Perhaps a distinction between theft, robbery, and burglary?

And will there be sentencing provisions in this act?

That's in the Judicial Act, I think.
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Postby Free South Califas » Wed Jul 03, 2013 9:08 am

The Nihilistic view wrote:
Free South Califas wrote:Indeed. Not to mention that many things about physical education class are overwhelming for some students, affecting their ability to focus in other classes as well as their social standing.

Once a week is fine, with exemptions available for medical purposes including (hopefully on a temporary basis) relevant anxiety disorders with treatment.

If more physical fitness training is required, 10 minutes of stretching at the start of the day, plus the option of joining sporting clubs at school, should do the trick.



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1. Not much of a source there, just one activist blog quoting a single book.
2. Exactly what I suspected, anyway:
Voluntary activity is important, too. If the activity is forced, it is likely to generate distress, not cognitive or health benefits.


It also said to exercise 3-5 times a week, for 20-30 minutes. That's far less than an hour per day. And that's a claim from someone who feels no need to strengthen his argument by including multiple sources.

If you have a suggestion for how to have children do voluntary exercises 3-5 times a week for 20-30 minutes, I'm all ears. Maybe after 5 minutes of stretching, three days a week they can have a 25-minute recess period. Able-bodied kids go to a field, and if they decide to stand around there and talk instead of kicking a ball, well, maybe that's the kind of stress release they need in order to focus on their schoolwork.

The Nihilistic view wrote:
Free South Califas wrote:I'll gladly sponsor as well if that's alright. Good point, Senator Johnson, ideally the students who need it should have free breakfasts as well. Thanks for adding that Senator Mac Suibhne.

I do wonder if Senator Johnson (NV) would still like to see non-profit charitable operations exempted from 4.1b before being considered a sponsor.

Not all such offenses, to be sure. But remember that merely raising one's voice once while being a bit manipulative can be considered abusive, and while people shouldn't do that to children either, it's not the same as cultivating an atmosphere of fear and insecurity. I'd have gladly made the swap, and my parents could have used a class or two.

That being said, they should not keep control of their children if the "first" offense for which they are caught is merely an example of a pattern. I agree that this is not a policy area for bleeding hearts in that sense. However, making ultra-harsh penalties for single isolated abuses could perhaps risk making it so extremely stigmatized and demonized that there will be an impulse to say "that's a very serious accusation, I'm sure it can't be true of that nice Mr. and Ms. Smith down the way", helping abusive parents who slipped up once to better hide their patterns.

Again, though, I may be worrying too much. Still, I think it does not do to entirely lose our sense of nuance in the face of even such a horrible thing.


After thinking about it, it will be unnecessary as when we do a charity act, any clause in that that exempts charities from all tax will override any law that forces then to pay it such as the clause in the free school meals bill.
Good point, I hadn't thought of that. We are just waiting for a dietary-restrictions clause, I think.


On child abuse law: It depends what you mean by minor, there is a fine line on what is called abuse. Personally smacking is a perfectly good way to discipline one's child. Of course it must be done with reasonable force for the age of the child.

:( You want draconian penalties for the first instance of what you call child abuse, yet you think cihldren should be hit? No, this would be exactly the sort of abuse which should result in removal of the child on the first offense, especially if the child struggles with communication. A parental thug who feels the desire to hit their child has failed as a parent and should try harder to teach the kid right from wrong or to communicate what they want from the child. Children are stupid and can easily be traumatized by violence they don't understand.

Either way, the thug has made it clear that society should not trust them with children unsupervised.

Kouralia wrote:
The Nihilistic view wrote:
Physical education and games. You should know that. As the article I linked says exercise for young children increases the development of the brain.
I had the pleasure of 7-10 hours of sport a week at school.

Sweet Jesus, you poor bastard.

Sort of puts things in perspective, though, don't it?

Rumostan wrote:I propose that whilst state schools continue to do an hour a week of physical education, privte schools should be allowed to force require their pupils to do a maximum of three hours of sport a week. Then we can see what happens.

In my opinion, the state school problem is that they accept everyone and also have to deal with parents who do not support their children.

I think you mean "a lot of parents spread so thin by the ravages of underregulated financial capitalism that they don't have the time and energy to take on an unpaid third or fifth job at the school, and a few assholes like anywhere". You may have allowed a soundbite to be installed as an explanation where more complex forces were at play. (I used to believe this too.)

Oneracon wrote:I propose an amendment to F-vi (PoCP):
vi Possession of Child Pornography: PoCP is determined as holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

Thanks for doing this Kourie.

I second this if we're going to criminalize possession, which I actually don't think is a good idea, although I'm in solidarity with the goal.

It's way too open to abuse. While I would be banned from the forum for doing so, I could easily force all of your computers to download child pornography by simply putting a picture in a spoiler here. Then you would be open to prosecution for 'possessing' it even if you had never clicked on the spoiler. I worry that this legal effort would risk generating its own crimes, like political abuse, which are sadly even more difficult to prosecute accurately. Let's go after the pornographers and distributors.
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Kouralia
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Postby Kouralia » Wed Jul 03, 2013 9:10 am

Free South Califas wrote:
Oneracon wrote:I propose an amendment to F-vi (PoCP):
vi Possession of Child Pornography: PoCP is determined as holding or possessing pornographic materials, defined as any images or words designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

Thanks for doing this Kourie.

I second this if we're going to criminalize possession, which I actually don't think is a good idea, although I'm in solidarity with the goal.

It's way too open to abuse. While I would be banned from the forum for doing so, I could easily force all of your computers to download child pornography by simply putting a picture in a spoiler here. Then you would be open to prosecution for 'possessing' it even if you had never clicked on the spoiler. I worry that this legal effort would risk generating its own crimes, like political abuse, which are sadly even more difficult to prosecute accurately. Let's go after the pornographers and distributors.

Put the 'Sexual Offences' in a spoiler, just for you. ;)

Also, I don't know how to word it to avoid that so you'd have to help me... (.. )

EDIT:
New Zepuha wrote:Can you include Public Drunkenness and Disorderly Conduct into the such bill above? Also define what a delict and contravention carry in most cases. Also, Assault on an Officer should be added as a felony. There are two types of resisting arrest, Non-Violent and Violent.

An example of Resisting Arrest Without Violence: A man refuses to exit his vehicle while a Constable is in process of arresting him.

Fleeing and Eluding: Fleeing the police in a manner in which someone is hiding and using non-violent means to escape capture.

Non-Roadworthy Vehicle: A vehicle that is is such a derelict state that it is a direct danger to other motorists.

Un-Lawful/Dangerous use of a Firearm: Use of a firearm in a manner that is endangering public safety or a direct danger to yourself. i.e. Firing a gun into the air on a city street or populated area.

Also add me to the sponsors please.

Resisting Arrest without violence would be 'Resisting Arrest' Resisting Arrest with violence would be 'Resisting Arrest and Battery'. The two offences would stack automatically. Also, Non-road-worthy and Dangerous Use of firearm are Reckless Endangerment - a Delict.
Last edited by Kouralia on Wed Jul 03, 2013 9:10 am, edited 1 time in total.
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Postby Kouralia » Wed Jul 03, 2013 9:11 am

Welsh Cowboy wrote:Perhaps a distinction between theft, robbery, and burglary?

And will there be sentencing provisions in this act?

Breaking and entering! That's it. Then theft would stack with either Battery or Breaking and Entering, to create 'Robbery' and 'Burglary'.
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Jetan
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Postby Jetan » Wed Jul 03, 2013 9:18 am

Kouralia wrote:
The Criminal Code of the Aurentine Commonwealth
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A - Terminology:
  • 'Person X', 'The Perpetrator', 'X' or 'Indvidual X' refers to the individual in an example who commits the crime.
  • 'Person Y', 'The Victim', 'Individual Y' or 'Y' refers to the individual in an example who is wronged.
  • 'Constable Z', or 'Z' refers to any Law Enforcement Personnel in an example.



B - Altercations and Crime:
i Assault: An assault is the unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not. It is a Delict.
ii Battery: A Battery is 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. It is a Delict.
iii Incitement of Violence: Incitement of Violence is when Person X encourages (with intent) an additional party to employ unlawful physical force against Person Y. It is a Contravention.
iv Affray: Affray is whereby two Persons X engage in unlawful fighting. It is a Contravention.
v Harassment: Harassment is continued use of any action against Person Y by Person X which causes a state of fear or unease. It is a Contravention.
vi Reckless Endangerment: Reckless Endangerment is determined as any 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 non-road-worthy vehicles and lack of appropriate fire-arms safety. It is a Delict.
vii Kidnapping: Kidnapping is determined to be extricating a person from a situation or location without their consent. It is a Delict.
iix Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.

C - Loss of Property:
i Theft: Theft is determined as the unlawful and non-consensual acquisition of property through means other than guile. It is a Delict.
ii Fraud: Fraud is determined as the unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile. It is a Delict.
iii Vandalism: Vandalism is determined as the wanton destruction or defacing of another individual's or a state's property. It is a Delict.
iv Arson: Arson is determined as the deliberate or wrongful igniting of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. It is a Delict, and must be combined with Vandalism, Assault, Murder, Manslaughter or Attempted thereof.
v Breaking and Entering: Is determined to be making entrance into a property through force when said entrance does not have the consent of the owner. It is a Contravention.

D - Breach of The Peace:
A Breach of the Peace is defined as a situation whereby conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community occurs. It is not an offence in and of itself, however a Constable may remove an individual (and arrest them for resisting such removal) from a situation if their presence is likely to cause a Breach of The Peace. A Breach of the Peace Offence includes the following:
i Unlawful Assembly: Unlawful Assembly is where a group of people remain undispersed after Constable Z issues an order for their Assembly to disperse. It is a Contravention.
ii Rioting: Rioting is where an undispersed crowd (post order to disperse in accordance with Ci) is engaged in other illegal activities, including Theft, Vandalism, Rioting, Resisting Arrest, Murder, Affray, Assault etc. It is a Delict.
iii Public Drunkenness: Public Drunkenness consists of failing the Police Inebriation Test upon demand in a public location. It is a Contravention.
iv Disorderly Conduct: Disorderly Conduct consists of actions liable to cause a Breach of The Peace while not in an unlawful assembly. It is a Contravention.

E - Loss of Life:
i Murder in the First Degree: Murder in the First Degree is determined to be the premeditated killing of Person Y by Person X. It is a Felony.
ii Murder in the Second Degree: Murder in the Seond Degree is determined to be the implusive, intentional but not premeditated killing of Person Y by Person X. It is a Felony.
iii Manslaughter: Manslaughter is determined as the unintentional killing of Person Y by Person X. It is a Delict.
iv Death by Dangerous Driving: Death by Dangerous Driving is determined as Manslaughter committed through the medium of a controlled vehicle - where the fault of the incident lies with the driver. It is a Delict which mandates additional punishment with regard to license to own and/or operate said form of vehicle.
v Death by Gross Negligence: Death by Gross Negligence is determined to be one where by the Manslaughter was avoidable if Person X had performed any check or action mandated by Implicit or Explicit rules. It is a Delict which may mandate an additional punishment with regard to confiscation of materials.
vi Criminal Neglect: Is determined as the abandonment of an individual under the age of seventeen or a dependent, whether temporary of conclusive, which endangers the physical, mental, or emotional well-being of the minor or dependent in question. It is a Contravention, however may be applied on top of Death by Gross Negligence.

F - Sex Offences:
i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as intercourse between Person X and an under age Person Y. It is a Delict.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
vi Possession of Child Pornography: PoCP is determined as knowingly holding or possessing pornographic materials, defined as any images designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

F - Offences Relating to Law Enforcement:
i Resisting Arrest: Resisting Arrest is defined as acting in a manner whereby Person X intends to escape from or combat Constable Z in the act of lawfully arresting Person X. It is a Contravention, on top of any other offence.
ii Impeding the Duties of a Public Officer: IDPO is determined to be any act (whether or not it involves assault on Constable Z or not) whereby any third party attempts to impede a Police Officer in the lawful discharge of his or her duties. It is a Contravention, and is on top of any other offence.
iii Wasting Police Time: Wasting Police Time is determined to be any action whereby a crime is falsely reported to a degree that it affects the Constabulary's ability to deal with other crime. It is a Contravention.
iv Giving False Evidence: Giving False Evidence (whether it leads to a wrongful conviction or not) is determined to be the act of knowingly falsely testifying verbally or in a written/electronic manner, or providing falsified evidence. It is a Delict.
v Impersonation of a Police Officer: IPO involves any action, dress or communication whereby an individual intends to appear as an officer of the law to a degree that members of the public can be reasonably expected to derive confusion. This is a Contravention even if the intent was not to exploit the situation.
vi Concealment of Crime: CoC is determined to be knowing of a crime, and not reporting it to the police. It is a Contravention, but may be taken as Complicity in the Crime.

G - Communication and Membership Offences:
i Slander: Slander is determined as spoken untruthful and malicious defamation of character. It is a Contravention.
ii Libel: Libel is determined as written untruthful and malicious defamation of character. It is a Contravention.
iii Blackmail: Blackmail is determined by using information about Person Y to force Person Y's hand in an action. It is Contravention, but can be added on to Concealment of a Crime.
iv Language Liable to Cause Affray: LLCA is determined to be employment of Taboo Lexis, or Lexis intended to cause offence in another individual. It is a Contravention.
v Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top.




H - Additional Notes:
Complicity in... refers to knowledge of a crime prior to it being committed, and not taking action to prevent it. It carries the same punishment as the crime, but cannot be a Felony.
Assisted... refers to taking action to aid committing a crime. It carries the same punishment as the crime.
Attempted... refers to taking actions to perpetrate a crime, but not completing the act for external reasons. It carries the same punishment as the crime.
Intent to... refers to taking actions to perpetrate a crime, but not initiating the act for external reasons. It carries the same punishment as the crime, but cannot be a Felony.


The Above are hereby determined to be Crimes: thus arrests may be made for, charges may be brought for and a trial may follow on from committing them.

Strike out "iii Public Drunkenness: Public Drunkenness consists of failing the Police Inebriation Test upon demand in a public location. It is a Contravention." And I'll support.
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Kouralia
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Democratic Socialists

Postby Kouralia » Wed Jul 03, 2013 9:19 am

Jetan wrote:Strike out "iii Public Drunkenness: Public Drunkenness consists of failing the Police Inebriation Test upon demand in a public location. It is a Contravention." And I'll support.

Perché?
Last edited by Kouralia on Wed Jul 03, 2013 9:19 am, edited 1 time in total.
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