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Vice City Criminal Law

Klaus · 1416

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Offline KlausTopic starter

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on: April 03, 2021, 02:31:35 pm

United States of Argonath
Vice City Criminal Law 2021

Preface

These laws are written with the consultation and approval of the VC:MP Leadership, per the general values of the community, and the VC:MP Server Rules. These laws are also drafted, conforming to, and following the Constitution of the State of Vice City.

Disclaimer:
Establishing new legal documents that are up to date with the VC:MP community is required to provide an efficient and properly functional legal system.



Section 1: General Provisions

Article 1: This Act may be cited as the “Criminal Code” or “Penal Code”.
Article 2: No person shall be liable to be tried in a court of law twice for the same act or omission of a crime. This is defined as double jeopardy.
Article 3: No penalty provided by the Criminal Code may be used to infringe upon the right to life as provided by the Constitution, Section 2, Art. 1, F.



Section 2: Prosecution

Article 1: Law enforcement agencies can initiate prosecution of a person.
Article 2: The burden of proof for criminal prosecution is beyond reasonable doubt, the prosecution will always carry the burden of proof.
Article 3: Once the process of prosecution begins, the person is considered to be a suspect.
Article 4: A criminal charge may be settled out of court by the initiative of the prosecuting law enforcement agency. The suspect is at liberty to accept or deny such a settlement. Accepting a settlement implies an admission of guilt. A settlement offer may include any penalty provided by law.
Article 5: A law enforcement agency is under no obligation to offer a settlement.
Article 6: Once a settlement is entered into, there is no possibility for further prosecution, as described in Section 1, article 2.
Article 7: Denying a settlement offer does not dismiss the charges indicted against the suspect. The law enforcement agency can still go to court to obtain a conviction.



Section 3: Trial

Article 1: During a criminal court case, the defendant shall have the right to respond at least once during the court proceedings. The defendant shall also be allowed to provide a final statement before the verdict.
Article 2: During all proceedings, courthouse rules and regulations must be observed. Failing to do so shall result in being in contempt of court and liable to a fine of $10000.



Section 4: Crimes against the State

Article 1: Corruption is the act of misusing powers in public office for personal gain.
Article 2: Perversion of the course of justice is attempting to divert the course of justice maliciously through misleading a law enforcement agency in an investigation by either lying under oath, fabricating or disposing of evidence, threatening a judge, officer of the court, witness or juror.
Article 3: Obstruction of Justice is defined as preventing justice from prevailing, by their presence or by disrupting the tasks of law enforcement personnel. This also applies to any refusal to cooperate with law enforcement personnel with reasonable cause to act.
Article 4: Impersonation of an officer of the state/state employee/state official.
Article 5: Someone who has been physically detained by use of restraints or physical force by a law enforcement official and escapes from said law enforcement official’s official custody, resulting in a warrant or APB being needed to apprehend the suspect shall be charged with escape from custody.
Article 6: One who performs prank calls, fake calls, or tries to incite mayhem through public government lines or uses an emergency government hotline for any purpose other than an emergency which involves a life-or-death request for assistance or other purposes dictated by emergency services or by the state government shall be charged with misuse of a government hotline.
Article 7: Unlawful Assembly - A person who refuses to leave public property after being ordered to do so by its state agency property manager or a law enforcement official. This may also apply to a group that fails to protest or demonstrate peacefully in a designated “free speech zone” or without proper permits or authorization from the city.
Article 8: Incitement To Riot - A person whose actions deliberately agitates or intends to agitate a crowd or large group of people organized or located peacefully in a public or private area to promote acts of violence or civil unrest.
Article 9: Tax Evasion - Evading owed taxes by storing more than $50,000 within a property, or distributing more than $50,000 across multiple private properties.
Article 10: Ogra Hunting - Ogras are classed as protected marine wildlife. Therefore, any hunting of, or harming ogras in any way is an offence.
Addendum to Article 10: The consumption of, possession of, sale of, trading of, or otherwise distributing of Ogra in any shape, form, or matter is an offence.



Section 5: Crimes against Person(s)

Article 1: Voluntary manslaughter - The unlawful killing without malice aforethought is an offence.
Article 2: Involuntary manslaughter - The unlawful killing as a result of negligence or endangerment is an offence.
Article 3: First-degree murder - Causing the death of another person with willful intent and malice aforethought and without a lawful excuse or justification is an offence.
Article 4: Second-degree murder - Causing the unpremeditated death of another person, resulting from an assault in which death of the victim was a distinct possibility.
Article 5: Attempted murder - Taking at least one direct step towards killing another person with the intent to kill that person.
Article 6: A person shall not detain, arrest or remove the liberties of another person through the use of force with or without threats of violence with or without the use of a chemical, tool, weapon, explosive, vehicle or animal against that person unless said person is serving actively as a law enforcement official.
Article 7: Battery - Willfully and unlawfully using force or violence upon another.
Article 8: Aggravated battery - Causing serious bodily injury to another as a result of force or violence.
Article 9: Assault with a deadly weapon - An assault that is committed with any type of deadly weapon, such as a firearm, or using force that is likely to cause great bodily injury to another.
Article 10: Conspiracy - An agreement between two or more persons to break the law in the future.
Article 11: Discharging a firearm from a motor vehicle - Being the driver or owner of a car and knowingly allowing another person to bring a gun into the car and discharge a gun from within the car, or willfully and maliciously firing a gun from within a car.
Article 12: Endangerment - Knowingly engaging in conduct that creates a substantial risk of death or serious bodily injury to another.
Article 13: Stalking - Following or harassing another person and/or threatening that person with the intent of placing him or her in fear for his or her safety or in fear for the safety of their immediate family.
Article 14: Mayhem/Torture - Inflicting great bodily harm on another person with the specific intent to cause cruel or extreme pain.
Article 15: Intimidation  - An individual who communicates that they will physically harm or kill another person’s close friends or relatives — in person, writing, or through media.
Article 16: Kidnapping  - A person who detains or arrests another with the premeditated intent to do so with the intent or decision to hold that individual for a ransom of any kind.
Article 17: Vehicular Murder - A person who, while operating a motor vehicle in a severely reckless and deliberate manner, causes someone's death.
Article 18: Sexual Assault - A person who threatens imminent harm or non-consensual sexual contact or puts another under the belief of imminent harm or non-consensual sexual contact.
Article 19: Sexual Battery - A person who causes battery or similar aggressive physical contact for sexual arousal, gratification, or abuse.
Article 20: Rape - Forcing another to engage in sexual intercourse or proceeding to forcefully engage in sexual intercourse while the victim(s) are incapacitated, disabled, or unable to give consent.



Section 6: Crimes against Public Health and Safety

Article 1: Evading - Fleeing or attempting to elude a pursuing law enforcement official.
Article 2: Extortion - Using force or threats to compel another to give you money or other property.
Article 3: Harboring a fugitive - Any person who, with the knowledge that a crime has been committed, aids, harbors, or conceals a person or evidence with the intent to help the person escape arrest or conviction.
Article 4: Smuggling - The importation or exportation of goods, legal or illegal, via an unauthorized route or undeclared importation/exportation.
Article 5: Indecent Exposure - An individual who intentionally exposes their naked body or genitalia on public property or in the public area of a privately owned business without permission from the owner.
Article 6: Prostitution - Someone who knowingly engages in a sexual act in return for payment, goods, services, or other items of value.
Article 7: Solicitation of Prostitution - Someone who offers payment, goods, services, or other items of value to an individual in exchange for sexual acts.



Section 7: Controlled Substances and Materials

Article 1: Production of, use of, sale of, possession of, or otherwise distribution of, heroin, marijuana and/or cocaine is strictly prohibited.
Article 2: The use of, possession of, sale of, trading of, or otherwise distributing of explosive ordinance including but not limited to RPGs, Grenades, and Remote Control Grenades is strictly prohibited.
Article 3: The use of, possession of, sale of, trading of, or otherwise distributing of weaponry or items that project fire, including but not limited to Flamethrowers, and Molotovs is strictly prohibited.
Article 4: The use of, possession of, sale of, trading of, or otherwise distributing of M60 machine guns, Bulldog Shotguns, Desert Eagles, and Kurz SMGs is strictly prohibited.
Article 5: The use of, possession of, sale of, trading of, or otherwise distributing of a trafficable quantity of gemstones, jewels, raw minerals, or any other objects or items that are similar in nature and/or purpose is strictly prohibited unless otherwise officially designated to possess or distribute said items by the Government.



Section 8: Traffic Violations

Article 1: No person may park their vehicle on private property which they do not own, without given consent from the owner of the property.
Article 2: Anyone whose vehicle is found in violation of Article 1 is liable to the impounding of their vehicle by law enforcement authorities and a base fine of $1000 which increases by $500 per week that the vehicle remains within the impound.
Article 3: A person shall park their vehicle in a way in which it does not impede traffic flow on any road and/or when directed by a law enforcement official, any non-compliant vehicle operator's (person(s)) found not to comply with this Article shall be liable to their vehicle being impounded and a base fine of $1000, which increases by $500 per week that the vehicle remains within the impound. A vehicle that is parked can partially block a footpath.
Article 4: A person shall drive on the right-hand side of the road at all times unless directed by a law enforcement official. Violation of this article is liable to a fine of min. $1000.
Article 5: Any person who, as a result of operating a motorized vehicle, wilfully, or unintentionally due to reckless or dangerous operation, poses a risk for the safety of other persons is liable to a fine of max. $15000.



Section 9: Crimes against Property

Article 1: Arson - A person who intentionally and maliciously sets fire/aids in setting fire to or burns any structure, forest land, or property without prior authorization.
Article 2: Trespassing - A person who enters another’s property and owned surrounding area while it is closed or not in operation without the expressed or written permission to do so. (Assuming said area is clearly defined as private property eg. a driveway to a house or surrounded by a fence. You may confer with a member of the State Government if or not an area belongs to your private property.)
Article 3: Trespassing within a Restricted Zone - An individual who, without proper authorization from the correct authorities, enters any government-owned or managed facility, or restricted section in a government building that is secured with the intent of keeping non-authorized personnel out due to a security or safety hazard.
Article 4: Robbery - An individual who takes property from the possession of another against their will, using force or fear, such as through intimidation, assault, or battery.
Article 5: Armed Robbery - An individual who takes property from the possession of another against their will, through force facilitated with a weapon or with an item used as a weapon.
Article 6: Theft - A person who steals or takes the personal property of another worth less than $10,000.
Article 7: Grand Theft - A person who steals or takes the personal property of another worth $10,000 or more.
Article 8: Grand Theft Auto - A person who commits the theft of any vehicle, no matter the value.
Article 9: Receiving Stolen Property - A person who knowingly buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion.
Article 10: Forgery - A person who knowingly alters, creates or uses a counterfeited driver’s license, pilot's license, or identification card issued by a government agency.
Article 11: Vandalism - A person that defaces, damages, or destroys property that belongs to another.



Section 10: Crimes against Justice

Article 1: Bribery - The act of offering or giving a monetary gift, gratuity, valuable goods, or other rewards to a public official, government employee, or law enforcement official in an attempt to influence their duties or actions.
Article 2: Failure To Pay A Fine - An individual who fails to pay a fine or court-ordered fee within a clearly stated and allotted time period.
Article 3: Contempt of Court - A person who willfully disobeys the verbal or written order of court authority, disrespects the decorum of the court or otherwise infringes upon due process. (This charge can only be issued by a Judge)
Article 4: Subpoena Violation -  A person who ignores or violates a subpoena order issued by the Courts.
Article 5: Dissuading A Witness Or Victim - A person who knowingly and maliciously prevents or encourages any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law with the use of bribery, fear, or other tactics.
Article 6: False Information To A Government Employee - A person who provides false information or details to a law enforcement official/government employee during a criminal investigation or lawful detainment or during a formal report.
Article 7: Perjury, providing false information as part of an affidavit, testimony, court-ordered deposition, under oath before a judge or document with a statement signifying its authenticity under penalty of perjury.
Article 8: Failure to identify to a law enforcement official is defined as failing to provide a law enforcement official or other legal authority their name as it appears on an I.D. card or other identifiable information.while being detained, questioned, or when under arrest.
Article 9: Tampering with evidence is defined as destroying or attempts to destroy, conceal, or alter any evidence that can later potentially be used in a criminal investigation or court proceeding.



Section 11: Crimes against National Security

Article 1: Terrorism - A person who commits an attack or threatens an attack on a major public or private facility, such as an office complex, stadium, public transportation system, bridge, or other such structure; or one that uses systematic threats or actions against the public good to cause fear and intimidation at a grand scale.
Article 2: Treason - Levying war against the United States of Argonath in any form, or adhering to their enemies, giving them aid and comfort.
Article 3: Sedition - To oppose by force the authority of the United States government; to prevent, hinder, conspire to overthrow or delay by force the execution of any law of the United States of Argonath.
Article 4: Espionage - To enter or obtain information about any place connected with national defense to obtain information respecting national defense with intent or reason to believe that the information is to be used to the injury of the United States or the advantage of any foreign nation or rebellious organization.
Article 5: Flag Burning - Those who mutilate, deface, physically defile, burn, maintain on the ground, or trample on the United States of Argonath's flag.
Article 6: Weapons of Mass Destruction Breach - Unauthorised possession or usage of a nuclear, biological, or chemical weapon able to cause widespread devastation and loss of life.



Section 12: Copyright Law

Article 1: A citizen of the State of Vice is allowed to apply for a patent, copyright, or trademark if it is legal and the applying party or parties own the asset in question or offer at least one product or service. Only registered citizens may request copyright, a patent, or a trademark.
Article 2: Copyright Violation - Breaching copyright by plagiarizing or copying any intellectual property is an offense, liable for a civil suit.
Article 3: Copyrights are valid for a term of 365 days unless otherwise stated by the courts.
Article 4: Ownership copyright may be revoked or transferred by the court if necessary.



Written in the Supreme Court of the State of Vice City, Downtown Vice City, 196 Havana Highway on the Twenty-Seventh of June, Two Thousand and Twenty (27/06/2020), in the English language.



Annex



Appendix


Offline KlausTopic starter

  • VC:MP Division Leader
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    • Posts: 6348
    With us since: 30/12/2007
    YearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYears
Reply #1 on: October 22, 2021, 02:16:11 pm
Section 8: Traffic Violations

Article 1: No person may park their vehicle on private property which they do not own, without given consent from the owner of the property.
Article 2: Anyone whose vehicle is found in violation of Article 1 is liable to the impounding of their vehicle by law enforcement authorities and a base fine of $1000 which increases by $500 per week that the vehicle remains within the impound.
Article 3: A person shall park their vehicle in a way in which it does not impede traffic flow on any road and/or when directed by a law enforcement official, any non-compliant vehicle operator's (person(s)) found not to comply with this Article shall be liable to their vehicle being impounded and a base fine of $1000, which increases by $500 per week that the vehicle remains within the impound. A vehicle that is parked can partially block a footpath.
Article 4: A person shall drive on the right-hand side of the road at all times unless directed by a law enforcement official. Violation of this article is liable to a fine of min. $1000.
Article 5: Any person who, as a result of operating a motorized vehicle, wilfully, or unintentionally due to reckless or dangerous operation, poses a risk for the safety of other persons is liable to a fine of max. $15000.

The above Article 4 of Section 8 will be updated with the following, which will take affect 48 hours from now:

Quote
Article 4: A person shall drive on the right-hand side of the road at all times unless directed by a law enforcement official. Violation of this article is liable to a fine of max. $1000.

Sincerely,
Chief Justice


Offline KlausTopic starter

  • VC:MP Division Leader
  • ******
    • Posts: 6348
    With us since: 30/12/2007
    YearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYearsYears
Reply #2 on: October 22, 2021, 02:22:09 pm
Section 7: Controlled Substances and Materials

Article 1: Production of, use of, sale of, possession of, or otherwise distribution of, heroin, marijuana and/or cocaine is strictly prohibited.
Article 2: The use of, possession of, sale of, trading of, or otherwise distributing of explosive ordinance including but not limited to RPGs, Grenades, and Remote Control Grenades is strictly prohibited.
Article 3: The use of, possession of, sale of, trading of, or otherwise distributing of weaponry or items that project fire, including but not limited to Flamethrowers, and Molotovs is strictly prohibited.
Article 4: The use of, possession of, sale of, trading of, or otherwise distributing of M60 machine guns, Bulldog Shotguns, Desert Eagles, and Kurz SMGs is strictly prohibited.
Article 5: The use of, possession of, sale of, trading of, or otherwise distributing of a trafficable quantity of gemstones, jewels, raw minerals, or any other objects or items that are similar in nature and/or purpose is strictly prohibited unless otherwise officially designated to possess or distribute said items by the Government.

The above Section 7 will be updated with the additional Article 6, which will take affect 48 hours from now:

Quote
Article 6: The following laws; Section 7; Articles 1, 2, 3, 4 and 5 do not apply if a federal law enforcement official provides a written form of approval authorizing use of these items for the purpose of covert law enforcement.

Sincerely,
Chief Justice


 


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