Post by Cormac on Jan 7, 2019 15:44:27 GMT -5
The Criminal Code of Pacifica is now at vote. It will remain at vote until 4:00 p.m. EST on January 10, 2019.
Citizens may vote "Aye" or "For," "Nay" or "Against," or "Abstain" or "Present." No discussion should take place in this voting thread.
The Criminal Code of Pacifica will require absolute majority passage in order to be enacted.
Section 1. Institution and Purpose of the Code
(1) The Criminal Code of Pacifica hereafter referred to as the Code will be the fundamental basis of Pacifican criminal law. Only offences outlined in this Code will be considered crimes under Pacifican law.
Section 2. High Crimes
(1) "Treason" is defined as any attempt to overthrow or rebel against or incite others to overthrow or rebel against the Republic of Pacifica.
(2) "Sedition" is defined as any attempt to aid or incite others to aid enemies of Pacifica against Pacifica. Enemies of Pacifica are regions or organizations with which Pacifica is at war or which have declared war against Pacifica.
(3) "Espionage" is defined as the unsanctioned disclosure by a Citizen of Pacifica of confidential information relative to the interest or security of Pacifica to a foreign region and/or its representative.
(4) "Off-site Property Destruction" is defined as any attempt to phish, crash, or spam any off-site property belonging to any region or organization in NationStates, as defined by Article V of this Code.
(5) "Citizenship Fraud" is defined as any attempt to provide false or misleading answers on one's application for citizenship in Pacifica or any attempt to conceal alternate NationStates aliases during the citizenship application process.
(6) “Witness Intimidation” is an attempt to coerce an individual to alter or suppress the testimony they may present to The High Court of Pacifica.
(7) “Electoral Fraud” is defined as any attempt by officials administering an election, as defined by the Election Administration Act, to alter, influence or attempt to influence the outcome of such an election.
(8) “Fabricating Evidence” is defined as any attempt to forge or alter evidence that is to be or may be presented to The High Court of Pacifica as evidence in a case.
(9) High crimes will carry a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.
Section 3. Felony Crimes
(1) "Unlawful Disclosure" is defined as any attempt to disclose information to anyone who is not authorized to view such information without the explicit approval of the government official(s) responsible for said information. The definition of Unlawful Disclosure will not be construed to criminalize disclosure of illegal activity to the appropriate authorities.
(2) "Official Impersonation" is defined as any attempt, for non-satirical purposes, to misrepresent one's self as an official of Pacifica.
(3) "Bribery" is defined as any attempt to offer favours or gifts to the relevant official(s) to influence any appointment and/or garner any undue advantage.
(4) "Conspiracy" is defined as any attempt to enter into a plot with one or more others to commit or conceal a high crime or felony or to aid any others in the commission or concealment of a high crime or felony.
(5) "Chronic Misdemeanor" is defined as the frequent commission of multiple misdemeanour crimes.
(6) "Felony Misdemeanor" is defined as the commission of multiple misdemeanour crimes.
(7) Felony crimes will carry a maximum sentence of a one year regional and/or forum ban.
Section 4. Misdemeanour Crimes
(1) "Impersonation" is defined as any attempt to misrepresent one's self, for non-satirical purposes, as another known NationStates player.
(2) "Fraud" is defined as any attempt to provide false or misleading information for the purpose of obtaining any form of political advantage.
(3) "Judicial Contempt" is defined as any attempt to disrupt the order of the High Court of Pacifica or demonstration of repeated disregard for proper judicial procedure.
(4) "Unlawful Recruitment" is defined as any attempt to recruit residents of Pacifica to another region or organization in NationStates through any Pacifican off-site property or via the Regional Message Board (RMB)
(5) "Unlawful Posting" is defined as posting in any governmental area in which one is not authorized by the relevant government official(s) to post or excessive, out of context posting in any area of Pacifican off-site property that is not designated for that purpose or on the RMB of the NationStates region Pacifica.
(6) Misdemeanour crimes will carry a maximum sentence of a six month regional and/or forum ban.
Section 5. Definitions
For the purposes of this Act, the following definitions will apply:
(1) "Off-site property" is defined as any forum or website that exists separately from the NationStates website and is related to the NationStates region “Pacifica”, or any successor regions founded in accordance with Article II, Section 12 of the Constitution of Pacifica
(2) "Phishing" is defined as any attempt to gain administrative or moderation power over off-site property or passwords to off-site property accounts by deception.
(3) "Crashing" is defined as any attempt to cause off-site property to permanently go out of service or lose information, including but not necessarily limited to improper deletion of posts, deletion of a forum or website, and deliberate posting of content of such a nature that it could cause a forum or website host to delete the forum or website.
(4) "Spamming" is defined as any attempt to waste or exceed server capacity or to cause off-site property to become temporarily inaccessible, including but not necessarily limited to excessive page access, excessive account creation, excessive posting, and denial of service attacks. This does not include spam which takes place in a specifically dedicated spam section of an off-site medium and which follows the rules of the space provided.
Section 6. Sentencing
(1) The President or the President’s designee will detail recommended sentences when prosecuting criminal offences before the High Court of Pacifica, according to the procedure established by the High Court of Pacifica or by law.
(2) Sentences may include formal censures or warnings, suspension of rights in accordance with the Constitution of the Republic of Pacifica, forum bans, in-game ejections, in-game bans, revocation of citizenship, and Persona Non Grata declaration.
Section 7. Jurisdiction
(1) The High Court of Pacifica will have jurisdiction to prosecute high crimes and felony crimes against Pacifica without regard to the location or medium in which such crimes are committed.
(2) The High Court of Pacifica will have jurisdiction to prosecute misdemeanour crimes only if they are committed on Pacifican off-site property or in the NationStates region Pacifica.
Section 8. Statute of Limitations
(1) In order to be valid, a charge of a high crime must be brought before the High Court of Pacifica by the President or the President’s designee within twenty-four months of the date the alleged offence occurred.
(2) In order to be valid, a charge of a felony crime must be brought before the High Court of Pacifica by any citizen of Pacifica within twelve months of the date the alleged offence occurred.
(3) In order to be valid, a charge of a misdemeanour crime must be brought before the High Court of Pacifica by any citizen of Pacifica within six months of the date the alleged offence occurred.
Citizens may vote "Aye" or "For," "Nay" or "Against," or "Abstain" or "Present." No discussion should take place in this voting thread.
The Criminal Code of Pacifica will require absolute majority passage in order to be enacted.
The Criminal Code of Pacifica
Section 1. Institution and Purpose of the Code
(1) The Criminal Code of Pacifica hereafter referred to as the Code will be the fundamental basis of Pacifican criminal law. Only offences outlined in this Code will be considered crimes under Pacifican law.
Section 2. High Crimes
(1) "Treason" is defined as any attempt to overthrow or rebel against or incite others to overthrow or rebel against the Republic of Pacifica.
(2) "Sedition" is defined as any attempt to aid or incite others to aid enemies of Pacifica against Pacifica. Enemies of Pacifica are regions or organizations with which Pacifica is at war or which have declared war against Pacifica.
(3) "Espionage" is defined as the unsanctioned disclosure by a Citizen of Pacifica of confidential information relative to the interest or security of Pacifica to a foreign region and/or its representative.
(4) "Off-site Property Destruction" is defined as any attempt to phish, crash, or spam any off-site property belonging to any region or organization in NationStates, as defined by Article V of this Code.
(5) "Citizenship Fraud" is defined as any attempt to provide false or misleading answers on one's application for citizenship in Pacifica or any attempt to conceal alternate NationStates aliases during the citizenship application process.
(6) “Witness Intimidation” is an attempt to coerce an individual to alter or suppress the testimony they may present to The High Court of Pacifica.
(7) “Electoral Fraud” is defined as any attempt by officials administering an election, as defined by the Election Administration Act, to alter, influence or attempt to influence the outcome of such an election.
(8) “Fabricating Evidence” is defined as any attempt to forge or alter evidence that is to be or may be presented to The High Court of Pacifica as evidence in a case.
(9) High crimes will carry a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.
Section 3. Felony Crimes
(1) "Unlawful Disclosure" is defined as any attempt to disclose information to anyone who is not authorized to view such information without the explicit approval of the government official(s) responsible for said information. The definition of Unlawful Disclosure will not be construed to criminalize disclosure of illegal activity to the appropriate authorities.
(2) "Official Impersonation" is defined as any attempt, for non-satirical purposes, to misrepresent one's self as an official of Pacifica.
(3) "Bribery" is defined as any attempt to offer favours or gifts to the relevant official(s) to influence any appointment and/or garner any undue advantage.
(4) "Conspiracy" is defined as any attempt to enter into a plot with one or more others to commit or conceal a high crime or felony or to aid any others in the commission or concealment of a high crime or felony.
(5) "Chronic Misdemeanor" is defined as the frequent commission of multiple misdemeanour crimes.
(6) "Felony Misdemeanor" is defined as the commission of multiple misdemeanour crimes.
(7) Felony crimes will carry a maximum sentence of a one year regional and/or forum ban.
Section 4. Misdemeanour Crimes
(1) "Impersonation" is defined as any attempt to misrepresent one's self, for non-satirical purposes, as another known NationStates player.
(2) "Fraud" is defined as any attempt to provide false or misleading information for the purpose of obtaining any form of political advantage.
(3) "Judicial Contempt" is defined as any attempt to disrupt the order of the High Court of Pacifica or demonstration of repeated disregard for proper judicial procedure.
(4) "Unlawful Recruitment" is defined as any attempt to recruit residents of Pacifica to another region or organization in NationStates through any Pacifican off-site property or via the Regional Message Board (RMB)
(5) "Unlawful Posting" is defined as posting in any governmental area in which one is not authorized by the relevant government official(s) to post or excessive, out of context posting in any area of Pacifican off-site property that is not designated for that purpose or on the RMB of the NationStates region Pacifica.
(6) Misdemeanour crimes will carry a maximum sentence of a six month regional and/or forum ban.
Section 5. Definitions
For the purposes of this Act, the following definitions will apply:
(1) "Off-site property" is defined as any forum or website that exists separately from the NationStates website and is related to the NationStates region “Pacifica”, or any successor regions founded in accordance with Article II, Section 12 of the Constitution of Pacifica
(2) "Phishing" is defined as any attempt to gain administrative or moderation power over off-site property or passwords to off-site property accounts by deception.
(3) "Crashing" is defined as any attempt to cause off-site property to permanently go out of service or lose information, including but not necessarily limited to improper deletion of posts, deletion of a forum or website, and deliberate posting of content of such a nature that it could cause a forum or website host to delete the forum or website.
(4) "Spamming" is defined as any attempt to waste or exceed server capacity or to cause off-site property to become temporarily inaccessible, including but not necessarily limited to excessive page access, excessive account creation, excessive posting, and denial of service attacks. This does not include spam which takes place in a specifically dedicated spam section of an off-site medium and which follows the rules of the space provided.
Section 6. Sentencing
(1) The President or the President’s designee will detail recommended sentences when prosecuting criminal offences before the High Court of Pacifica, according to the procedure established by the High Court of Pacifica or by law.
(2) Sentences may include formal censures or warnings, suspension of rights in accordance with the Constitution of the Republic of Pacifica, forum bans, in-game ejections, in-game bans, revocation of citizenship, and Persona Non Grata declaration.
Section 7. Jurisdiction
(1) The High Court of Pacifica will have jurisdiction to prosecute high crimes and felony crimes against Pacifica without regard to the location or medium in which such crimes are committed.
(2) The High Court of Pacifica will have jurisdiction to prosecute misdemeanour crimes only if they are committed on Pacifican off-site property or in the NationStates region Pacifica.
Section 8. Statute of Limitations
(1) In order to be valid, a charge of a high crime must be brought before the High Court of Pacifica by the President or the President’s designee within twenty-four months of the date the alleged offence occurred.
(2) In order to be valid, a charge of a felony crime must be brought before the High Court of Pacifica by any citizen of Pacifica within twelve months of the date the alleged offence occurred.
(3) In order to be valid, a charge of a misdemeanour crime must be brought before the High Court of Pacifica by any citizen of Pacifica within six months of the date the alleged offence occurred.
