[Defeated] Criminal Code Amendment and Introduction Act

[Syberis]

Honorable Scribes,

An amendment to our laws has been proposed, in the form of the Criminal Code Amendment and Introduction Act. All discussion can be found here.

The text of the bill is as follows.

Spoiler

Criminal Code Amendment and Introduction Act

(1) The following text shall be amended into the Scroll of Ma’at as Article |II, Section 6, Subsection 11:

(11)The council of Priests may only charge and prosecute a citizen with a crime that is defined by the Criminal Code of Osiris and only sentence a citizen in accordance with the Criminal Code of Osiris.

(2) The following shall be amended into the Scroll of Ma’at as Article I, Section 3, Subsections 3 to 5 and all subsequent sections shall be appropriately renumbered.

(3)Citizens have the right to a speedy, public and fair hearing before the Council of Priests for any criminal charges and may only be prosecuted with crimes detailed in the Criminal Code of Osiris.
(4) When there is a conflict between the law or policy in place at the time of a hearing before the Council of Priests and the law or policy in place at the time of an alleged criminal offense, the law in place at the time of the hearing, with respect to the accused, will be used.
(5) Citizens have the right to petition the Council of Priests for the redress of grievances when they believe a law or government action contradicts this constitution or laws made pursuant to this constitution.

[big[(3) The following text shall be amended into the Legal Code of the Osiris Fraternal Order as Article 1, Section 1, Subsection 8:[/big]

(8) All citizens are required to comply with the Criminal Code of the Osiris Fraternal Order.

The following is defined as the Criminal Code of the Osiris Fraternal Order

The Criminal Code of the Osiris Fraternal Order Section 1: Institution and Purpose of the Code

1. The Criminal Code of the Osiris Fraternal Order, hereafter referred to as the Code, will be the fundamental basis of Osiran criminal law. Only offenses outlined in this Act will be considered crimes under Osiran law.

Section 2: High Crimes

1. The following are classified as high crimes against the Osiris Fraternal Order:

(a) "Treason" is defined as any attempt to overthrow or rebel against or incite others to overthrow or rebel against the Osiris Fraternal Order.

(b) "Sedition" is defined as any attempt to aid or incite others to aid enemies of the Osiris Fraternal Order. Enemies of Osiris are those defined by Section 4, Article 6 and Section 3, Article 2 of the Legal Code of the Osiris Fraternal Order .

(c) "Espionage" is defined as the unsanctioned disclosure by a Citizen of the Osiris Fraternal Order of confidential information relative to the interest or security of Osiris to a foreign region or its representative and/or .

(d) "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.

(e) "Citizenship Fraud" is defined as any attempt to provide false or misleading answers on one's application for citizenship in the Osiris Fraternal Order or any attempt to conceal alternate NationStates aliases during the citizenship application process.

(f) "Electoral Fraud" is defined as any attempt to manipulate the outcome or results of any election through means which include, but are not limited to, violating electoral law or lawfully established electoral practices, impeding proper electoral administration, or officially misrepresenting electoral results.

(g) "Conspiracy to commit a High Crime" is defined as any attempt to conspire to commit a high crime of Osiris by ones self or with others.

2. 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. The following are classified as felony crimes against the Osiris Fraternal Order:

(a) "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.

(b) "Official Impersonation" is defined as any attempt, for non-satirical purposes, to misrepresent one's self as an official of the Osiris Fraternal Order.

(c) "Administrative Abuse" is defined as any attempt by administrators or moderators to use administrative or moderation power to improperly access, edit, or delete the account(s) or post(s) of any user of Osiran off-site property; to improperly restrict the right to free speech of Osiran citizens; to commit or aid in the commission of any other crime; or to conceal such behaviour. Administrative Abuse carries a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.

(d) "Harassment" is defined as the use of intimidation, blackmail, or other threatening conduct to damage the sense of security or dignity of any citizen or foreign guest of the Osiris Fraternal Order.

(e) "Bribery" is defined as any attempt to offer favors or gifts to voters or any electoral official(s) to influence any election or to the relevant official(s) to influence any appointment.

(f) "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.

(g) "Chronic Misdemeanor" is defined as the frequent commission of multiple misdemeanor crimes.

(h) "Felony Misdemeanor" is defined as the commission of multiple misdemeanor crimes.

2. Felony crimes will carry a maximum sentence of two year regional and/or forum ban. Except in the case of Administrative abuse which carries a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.

Section 4: Misdemeanor Crimes

1. The following are classified as misdemeanor crimes against the Osiris Fraternal Order:

(a) "Defamation" is defined as any attempt to publicly attack the character of a citizen or foreign guest of the Osiris Fraternal Order with unsubstantiated or imaginary claims, with the malicious intent to cause serious damage to the reputation of that individual.

(b) "Impersonation" is defined as any attempt to misrepresent one's self, for non-satirical purposes, as another known NationStates player.

(c) "Fraud" is defined as any attempt to provide false or misleading information for the purpose of obtaining any significant benefit or advantage, political or otherwise.

(d) "Judicial Contempt" is defined as any attempt to disrupt the order of the Pschent or demonstration of repeated disregard for proper judicial procedure.

(e) "Unlawful Recruitment" is defined as any attempt to recruit residents of Osiris to another region or organization in NationStates through any Osiran off-site property or, if in violation of regulations established by the Pharaoh for Regional Message Board (RMB) recruitment advertisements, through the RMB of the NationStates region Osiris.

(f) "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 Osiran off-site property that is not designated for that purpose or on the RMB of the NationStates region Osiris.

(g) "Unlawful Campaigning" is defined as posting electoral campaign messages in any area of Osiran off-site property other than those designated by electoral officials. The definition of Unlawful Campaigning will not be construed to prohibit campaign links or imagery in forum signatures or to prohibit candidates from private outreach to voters.

2. Misdemeanor crimes will carry a maximum sentence of a twelve month regional and/or forum ban.

Section 5: Definitions

1. For the purposes of this Act, the following definitions will apply:

(a) "Off-site property" is defined as any forum or website that exists separately from the NationStates website.

(b) "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.

(c) "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.

(d) "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.

Section 6: Sentencing

1. The Pharaoh, Chief Vizier or a designated deputy will detail recommended sentences when prosecuting criminal offenses before the Council of Priests, according to the procedure established by the Council of Priests.

2. Sentences will include formal censures or warnings, suspension of rights in accordance with the Scroll of Ma’at, forum bans, in-game ejections, in-game bans, revocation of citizenship, and Persona Non Grata declaration.
3. The administrative team may at any time issue any sanction they believe necessary outside of this code.

Section 7: Jurisdiction

1. The Osiris Fraternal Order will have jurisdiction to prosecute high crimes and felony crimes against Osiris without regard to the location or medium in which such crimes are committed.

2. The Osiris Fraternal Order will have jurisdiction to prosecute misdemeanor crimes only if they are committed on Osiran off-site property or in the NationStates region Osiris.

Section 8: Statute of Limitations

1. In order to be valid, a charge of a high crime must be brought before the Council of Priests by the Pharaoh, Chief Vizier or a designated deputy within twelve months of the date the alleged offense occurred.

2. In order to be valid, a charge of a felony crime must be brought before the Council of Priests by the Pharaoh, Chief Vizier or a designated deputy within nine months of the date the alleged offense occurred.

3. In order to be valid, a charge of a misdemeanor crime must be brought before the Council of Priests by the Pharaoh, Chief Vizier or a designated deputy within six months of the date the alleged offense occurred.

Eligible citizens may vote Aye, Nay, or Abstain. Voting will last until 3:30pm EST on October 18, 2017.

[Ghazia]

Aye

Abstain.

[Wymondham]

Nay(if this proposal can be withdrawn from the floor than as they person who wrote it I request that be done so please)

[Mike]

Edit

Upon reviewing the discussion once again, I change my vote to nay

[Antiochus]

Nay

[Adytus]

Nay

[Altino]

Nay.

Resounding Nay. I not only feel that this bill did not get discussed to a level that brought about a satisfactory resolution, it still has massive holes in it that could leave us legally unable to protect ourselves from certain threats. I'm all for setting down appropriate definitions to what might be considered criminal, but crippling our own security in the process is not at all a reasonable sacrifice.

[Kowassati]

Nay

[Cormac]

Nay

[Neo Kervoskia]

Nay.