Author Topic: Criminal Code (2013)  (Read 3624 times)

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Offline CGJ

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Criminal Code (2013)
« on: August 28, 2017, 09:51:11 PM »
Criminal Code (2013)

An Act to specify and defined crimes and to impose punishments therefore, for the maintenance of peace, order and democratic Government within the Independent Order.

Short Title

(1) This Act may be cited as the Criminal Code (2013).

High Crimes

Treason
(2) Anyone who knowingly:

(i) levies, attempts to levy, incites others to levy, or attempts to incite others to levy war against The Independent Order;

(ii) seizes, attempts to seize, incites others to seize, or attempts to incite others to seize a position in any fashion other than a lawful election or appointment; or

(iii) uses, attempts to use, incites others to use, or attempts to incite others to use the powers of any position not gained by a lawful election or appointment.

is guilty of the offense of Treason under this law and liable to punishment up to a maximum sentence of an indefinite ban.

Sedition
(3) Anyone who knowingly:

(i) aids, attempts to aid, incites others to aid, or attempts to incite others to aid enemies of The Independent Order in a time of war;

(ii) rebels, incites, or attempts to incite rebellion against The Independent Order civilian government or the chain of command of the The Independent Order Armed Forces from within The Independent Order or outside of it;

is guilty of the offense of Sedition under this law and liable to punishment up to a maximum sentence of an indefinite ban.
Crashing, Spamming, Phishing, Hacking

(4) Any citizen, resident, or member of The Independent Order who knowingly crashes, spams, phishes, or hacks any off-site property belonging any NationStates region, or attempts to do so, with the intent to damage or destroy the off-site property is guilty of the offense of Offsite Terrorism and is liable to punishment up to a maximum sentence of an indefinite ban.

Felonies

Threatening Conduct
(6) Anyone who knowingly uses intimidation, threats, blackmail, or other similar threatening measures to cause damage to anther's sense of security, freedom of choice, sense of dignity, or in any other way threatens a member of the The Independent Order is guilty of the offense of Threatening Conduct under this law and liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Unlawful Representation
(7) Anyone who knowingly represents, attempts to represent, or purports to represent The Independent Order in an official capacity while abroad in a domestic or foreign environment without proper legal authorization is guilty of the offense of Unlawful Representation under this law and liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Abuse of Administrative Powers
(8) Anyone who knowingly:

(i) deletes or edits a post or topic without authorization or just cause;

(ii) deletes or edits a forum account, or the information contained within, without authorization or just cause;

(iii) alters or attempts to alter moderator or administrator logs;

(iv) accesses a member account other than their own without express permission;

(v) uses or attempts to use administrative or moderative powers to assist an act of treason;

(vi) commits other actions unbecoming of an administrator or moderator; or

(vii) edits The Independent Order law without proper authorization and documentation

is guilty of the offense of Abuse of Administrative Powers under this law and liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Harassment
(9) Anyone who knowingly cyber-stalks, harasses, or otherwise bothers a member of The Independent Order in a way that makes them feel vulnerable, insecure, or intimidated is guilty of the offense of Harassment under this law and liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Identity Theft
(10) Anyone who knowingly impersonates or attempts to impersonate another member of The Independent Order is guilty of the offense of Identity Theft under this law, and liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Unlawful Interference with Recruitment or Welcoming
(11) Anyone who knowingly interferes with or attempts to interfere with recruitment or welcoming efforts by acting in any manner including but not limited to the following:

(i) sending unauthorized recruitment or welcoming telegrams, or authorized telegrams with unauthorized edits;

(ii) falsely asserting to have sent any amount of recruitment or welcoming telegrams

is guilty of the offense of Unlawful Interference with Recruitment or Welcoming under this law and liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Deceiving the Public
(12) Anyone who knowingly:

(i) provides members with misleading or deceitful information in order to favor one's self; or,

(ii) provides members with misleading or deceitful information to attempt to obtain through deceit or deliberate silence or omission more than one account with citizenship in The Independent Order

is guilty of the offense of Deceiving the Public and is liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Release of Classified Information
(13) Anyone who knowingly releases or distributes classified information that is deemed protected or confidential in relevant legislation, by any manner of communication(s), to a party who is not authorized to view such information, is guilty of the offence of Release of Classified Information, and is liable to punishment at judicial discretion not exceeding a five (5) month ban.

Defamation
(14) Anyone who knowingly provides member(s) with any allegation about a person or entity, by any manner of communication(s) to a third party, that is untrue and has the potential to injure the reputation of said entity or person shall be guilty of the offence of Defamation, and is liable to punishment at judicial discretion not exceeding a five (5) month ban.

Unauthorized Military Activity
(15)Anyone who knowingly participates in military activity in the name of the Independent Order without the direct authorization of the Commander-in-Chief of the Armed Forces of the Independent Order, or the subordinates authorized by them to authorize such action, is guilty of the offense of Unauthorized Military Activity and is liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Contempt of Court
(16) Anyone who knowingly:

(i) shows repeated disregard for the proper procedures of the Court;

(ii) purposefully disrupts, derails, or otherwise knowingly disturbs the order within the Court;

(iii) fails to follow the orders of the Presiding Judge within the Court;

(iv) provides false information to the Court; or

(v) fails to follow a court order or sentence

is guilty of the offense of Contempt of Court and is liable to a punishment at judicial discretion not exceeding a five (5) month ban.

Repeated Misdemeanors
(17) Anyone who knowingly commits multiple or frequent misdemeanors is guilty of the offense of Repeated Misdemeanors under this law and is liable to having their offenses upgraded to a Felony by the Justice presiding over such a case and punishment at judicial discretion not exceeding a five (5) month ban.

Unlawful Use of a Proxy
(18) Any citizen who uses a proxy, defined as a website, program, or server which allows said citizen to change or conceal their Internet Protocol Address to view the forums of The Independent Order, is guilty of the offense of Unlawful Use of a Proxy and is liable to a punishment at judicial discretion not exceeding a three (3) month ban.

Misdemeanors

Obscenity
(19) Anyone who knowingly uses, in excess, obscene, offensive, profane or derogatory language or implications towards another member of The Independent Order, on the The Independent Order forums or RMB, or as a representative, authorized or unauthorized, of The Independent Order is guilty of the offense of Obscenity and is liable to a punishment at judicial discretion not exceeding a ban of 48 hours.

Maintaining an Obscene Profile
(20) Anyone who knowingly uses or has an avatar, information or images displayed in a signature, or any other user-created profile information that can be deemed offensive, obscene, or inappropriate, towards any user or specific group of users is guilty of the offense of Maintaining an Obscene Profile and is liable to a punishment at judicial discretion not exceeding a ban of 48 hours.

Unlawful Spamming
(21) Anyone who knowingly spams (hereby defined as "posting in an irrelevant, useless, nonconstructive or incoherent manner") or posts out of turn or out of context, in an official governmental area or discussion is guilty of the offense of Unlawful Spamming and is liable to a punishment at judicial discretion not exceeding a ban of 48 hours.

Maintaining an Excessive Signature
(22) Anyone who knowingly has a signature incorporating such pictures excessive in quantity or size or otherwise using text or information that is considered to be in excessive length or font size is guilty of the offense of Maintaining an Excessive Signature and is liable to a punishment at judicial discretion not exceeding a ban of 48 hours.

Illegal Campaigning
(23) Any person, political party, action committee or other political group who knowingly violates the provisions of the Elections and Referenda Campaigns Act (2016) or the Political Party Registration and Regulations Act (2017) shall be guilty of Illegal Campaigning under this law and liable to a punishment at judicial discretion not exceeding a 48 hour ban for a first offence, up to 5 months for any subsequent offences and a suspension from office for a period not exceeding 12 months. The Court may at their discretion hold the individual or the group responsible for the offence.

Definitions

(24) Crashing: any action which could cause a forum to go out of service or lose information, including: the deletion of posts, the deletion of the forum, spamming, or any other act of this kind.

(25) Off-site property: Any forums, websites or Wiki pages owned or maintained by a Nationstates nation, organization or region.

(26) Spamming: Any action undertaken by non-region nationals to waste space on forums or to cause forums to crash. This includes any attempts to force a DOS error on forums and any attempts to flood the RMB of a region which is not your normal abode.

(27) Phishing: Any attempts to gain forum controls or passwords by deception, especially by posing as administrators or moderators.

(28) Hacking: Trying to gain access or accessing illegally a forum moderation or administrative controls by trying to use code or by trying to force entry into another account.

(29) Knowingly: With a reasonable expectation of deliberate intent.

Statute of Limitations

(30) A charge of an alleged High Crime must be submitted to the Court within 365 days of the date that the alleged crime occurred.

(31) A charge of an alleged Felony must be submitted to the Court within 180 days of the date that the alleged crime occurred.

(32) A charge of an alleged Misdemeanor must be submitted to the Court within 30 days of the date that the alleged crime occurred.

Miscellaneous

(33) The format and layout of this law shall be used as a template for all future laws.

(34) The provisions of this Act shall not apply or extend to cases where a member has breached the ZetaBoards Terms of Service or Terms of Use, as otherwise defined by law.

(35) The provisions of this Act shall not apply or extend to cases where a member has breached the Discord Inc. Terms of Service, as otherwise defined by law.
The Most Honourable Marquess CGJ
Vice Chancellor


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