Common Law

From Silver Sun Republic Codex

Senate Bill #4

The Code of Laws Offered: February 7, 2010 Prefiled: January 28, 2010

Patron: Shilohen McCroix Co-Patron: Dyne Elysius

BE IT ENACTED BY THE SIGNORIA OF THE REPUBLIC OF THE SILVER SUN:

Preamble: Whereas there must be a Code of Laws in order to obtain retribution, deterrence, incapacitation, rehabilitation, and restitution for acting in a socially immoral or unacceptable manner, et cetera,

SECTION 1: There shall be a written law known as the “Code of Laws” whose entirety shall be specified in this bill and able to be amended by the will of the senate.
SECTION 2: The enforcement of such law shall be governed by the Ministry of State and its officials.
SECTION 3: Each law shall appear under a “Title” as a “Chapter” and shall detail the specifics of the crime as specifically as possible as well as lay out the minimum and maximum repercussion for breaking said law, however it is ultimately up to the Judge Tribunal to decide on a case by case basis the exact amount of each maximum and minimum to serve as restitution.
Sub-SECTION A: In effort to guide justices when providing sentencing in the court room, the following scale of punishment shall apply in terms of severity from least to most severe: Fine, Loss of License, Loss of Title, Loss of Property or Assets, Public Whipping or Humiliation, Branding, Banishment, Loss of Limb or Other Body Part, Prison, Execution or Letter of Marque against the individual, making it legal to assassinate or kill the individual as retribution.
Sub-SECTION B: An individual that commits a Felony at least three times despite attempts at rehabilitating the individual through the due process of law as put forth in this document shall be at the mercy of the court and its justices as all minimum and maximum sentences will not apply to them and the court will have the right to sentence the individual to any form of punishment it deems necessary in order to achieve restitution for the individual’s repeated crimes against the state.
Sub-SECTION C: Any individual that fails to appear for their trial shall have a Letter of Marque issued against them.
SECTION 4: The Ministry of Commerce shall be charged with authoring a chart to include a recommended minimum and maximum range of fines per offense based on economic conditions to be revised as necessary and reviewed quarterly.


Title 1: Aiding in the Commission of a Crime


Chapter 1: Aiding and Abetting in the Commission of a Misdemeanor


SECTION 1: Any individual that provides assistance in the form of advice, action, or financial support in the commission of a Misdemeanor by another individual shall be guilty of Aiding and Abetting in the Commission of a Misdemeanor.


SECTION 2: Any individual guilty of Aiding and Abetting in the Commission of a Misdemeanor shall at least pay a fine and at most serve a public whipping or humiliation.


SECTION 3: Aiding and Abetting in the Commission of a Misdemeanor is considered a Misdemeanor.


Chapter 2: Aiding and Abetting in the Commission of a Felony


SECTION 1: Any individual that provides assistance in the form of advice, action, or financial support in the commission of a Felony by another individual shall be guilty of Aiding and Abetting in the Commission of a Felony.
SECTION 2: Any individual guilty of Aiding and Abetting in the Commission of a Felony shall at least pay a fine and at most serve a prison sentence.
SECTION 3: Aiding and Abetting in the Commission of a Felony is considered a Felony.


Chapter 3: Conspiracy


SECTION 1: Any individual that agrees to commit any unlawful act and takes some action toward its completion shall be guilty of Conspiracy.
SECTION 2: Any individual guilty of Conspiracy shall at least pay a fine and at most serve a prison sentence.
SECTION 3: Depending on the nature of the crime conspired towards, the court shall decide if the Conspiracy is a Misdemeanor of a Felony depending on the individual’s involvement, nature of the actions, et cetera.


Title 2: Arson


Chapter 1: Arson of the First Degree


SECTION 1: Any individual that intentionally burns or damages a structure or building while an individual is inside the structure shall be guilty of Arson of the First Degree.
SECTION 2: Any individual guilty of Arson of the First Degree shall at least be branded and at most be executed or have a Letter of Marque issued against them.
SECTION 3: Arson of the First Degree is considered a Felony.


Chapter 2: Arson of the Second Degree


SECTION 1: Any individual that intentionally burns or damages a structure or building while no individual is inside the structure shall be guilty of Arson of the Second Degree.
SECTION 2: Any individual guilty of Arson of the Second Degree shall at least be branded and at most serve a prison sentence.
SECTION 3: Arson of the Second Degree is considered a Felony.


Title 3: Assault and Battery


Chapter 1: Assault


SECTION 1: Any individual that threatens physical injury onto another individual shall be guilty of Assault.
SECTION 2: Any individual guilty of Assault shall at least be fined and at most suffer a public whipping.
SECTION 3: Assault is considered a Misdemeanor.


Chapter 2: Assault and Battery


SECTION 1: Any individual that tries or causes severe injury to another or causes injury by use of a deadly weapon shall be guilty of Assault and Battery.
SECTION 2: Any individual guilty of Assault and Battery shall at least suffer a loss of title and at most suffer a loss of limb or other body part.
SECTION 3: Assault and Battery is considered a Felony.


Title 4: Thievery



Chapter 1: Burglary


SECTION 1: Any individual that unlawfully enters any structure with the intent to commit any crime inside shall be guilty of Burglary.
SECTION 2: Any individual guilty of Burglary shall at least be fined and at most suffer a public whipping or humiliation.
SECTION 3: Burglary is considered a Misdemeanor.


Chapter 2: Robbery


SECTION 1: Any individual that uses physical force or fear against a victim in the commission of theft or larceny shall be guilty of Robbery.
SECTION 2: Any individual guilty of Robbery shall at least suffer public whipping or humiliation and at most serve a prison sentence.
SECTION 3: Robbery is considered a Felony.


Chapter 3: Larceny


SECTION 1: Any individual that takes anything of value without the consent of the owner with the intent to permanently deprive the victim of the property taken shall be guilty of Larceny.
SECTION 2: Any individual guilty of Larceny shall at least pay a fine and at most serve a prison sentence.
SECTION 3: Larceny is considered a Misdemeanor.


Chapter 4: Embezzlement


SECTION 1: Any individual that takes assets while in a position of trust or responsibility over those assets shall be guilty of Embezzlement.
SECTION 2: Any individual guilty of Embezzlement shall at least suffer a public whipping or humiliation and at most serve a prison sentence.
SECTION 3: Embezzlement is considered a Felony.


Chapter 5: Tax Evasion


SECTION 1: Any individual that purposefully avoids the payment of any tax, even in part, shall be guilty of Tax Evasion.
SECTION 2: Any individual guilty of Tax Evasion shall at least pay a fine and at most serve a prison sentence.
SECTION 3: Tax Evasion is considered a Felony.


Title 5: Indecent Conduct


Chapter 1: Disorderly Conduct


SECTION 1: Any individual that behaves in a disruptive manner but presents no serious public danger shall be guilty of Disorderly Conduct.
SECTION 2: Any individual guilty of Disorderly Conduct shall at least pay a fine and at most suffer loss of title.
SECTION 3: Disorderly Conduct is considered a Misdemeanor.


Chapter 2: Indecent Exposure


SECTION 1: Any individual that displays one’s genitals in public causing others to be alarmed or offended shall be guilty of Indecent Exposure.
SECTION 2: Any individual guilty of Indecent Exposure shall at least pay a fine and at most suffer a public whipping or humiliation.
SECTION 3: Indecent Exposure is considered a Misdemeanor.


Chapter 3: Stalking


SECTION 1: Any individual that follows, harasses, or threatens another person, putting that individual in fear of his or her safety shall be guilty of Stalking.
SECTION 2: Any individual guilty of Stalking shall at least pay a fine and at most suffer banishment.
SECTION 3: Stalking is considered a Misdemeanor.


Title 6: Sexual Crimes


Chapter 1: Sexual Assault


SECTION 1: Any individual that subjects an individual to unwanted or offensive sexual touching or groping shall be guilty of Sexual Assault.
SECTION 2: Any individual guilty of Sexual Assault shall at least pay a fine and at most serve a prison sentence.
SECTION 3: Sexual assault is considered a Felony.


Chapter 2: Rape


SECTION 1: Any individual that performs non-consensual sexual intercourse by physical force, threat of injury, or other duress shall be guilty of Rape.
SECTION 2: Any individual guilty of Rape shall at least suffer the loss of a limb or body part and shall at most be executed or have a Letter of Marque issued against them.
SECTION 3: Rape is considered a Felony.


Title 7: Murder


Chapter 1: Involuntary Manslaughter


SECTION 1: Any individual that unintentionally kills another individual due to recklessness, criminal negligence, or from an unlawful act shall be guilty of Involuntary Manslaughter.
SECTION 2: Any individual guilty of Involuntary Manslaughter shall at least be branded and at most serve a prison sentence.
SECTION 3: Involuntary Manslaughter is considered a Felony.


Chapter 2: Voluntary Manslaughter


SECTION 1: Any individual that intentionally kills another individual in a circumstance or heat of the moment in which they had no prior intention of killing the said individual
shall be guilty of Voluntary Manslaughter.
SECTION 2: Any individual guilty of Voluntary Manslaughter shall at least be branded and at most be executed.
SECTION 3: Voluntary Manslaughter is considered a Felony.


Chapter 3: Murder in the Second Degree
SECTION 1: Any individual that intentionally kills an individual in an unlawful circumstance in which the murder is not premeditated or committed in the heat of the moment, and the
killing stemmed from dangerous conduct and the offender’s obvious lack of concern for human life, then that individual shall be guilty of Murder in the Second Degree.
SECTION 2: Any individual guilty of Murder in the Second Degree shall at least be banished and at most be executed or have a Letter of Marque issued against them.
SECTION 3: Murder in the Second Degree is considered a Felony.


Chapter 4: Murder in the First Degree


SECTION 1: Any individual that unlawfully kills another individual willfully and with premeditation or kills an individual in the commission of another Felony shall be guilty of Murder in the First Degree.
SECTION 2: Any individual guilty of Murder in the First Degree shall at least serve a prison sentence and at most be executed or have a Letter of Marque issued against them.
SECTION 3: Murder in the First Degree is considered a Felony.


Title 8: Kidnapping


Chapter 1: Kidnapping


SECTION 1: Any individual that takes a person from one place to another against his or her will or confines a person to a controlled space shall be guilty of kidnapping.
SECTION 2: Any individual guilty of Kidnapping shall at least be branded and at most serve a prison sentence.
SECTION 3: Kidnapping is considered a Felony.


Bill passed on 22 Feb 2010.

Ayes - 5 Radison, Shilohen, Demiwar, Kal Morte, Rohaan Nays - 0 Absentia - 1 Dyne