Act of Congress Criminal Terminology Act

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malka
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House Vote: 6-0-1
Senate Vote: 4-2-0
A
BILL
To

Define Criminal Terminology

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:


1 - Short Title and Enactment

(1) This Act may be cited as the 'Criminal Terminology Act' or the ‘CTA’

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by malka.

(4) This Act has been co-sponsored by xEndeavour.

2 - Reasons

(1) To serve as a sister act to the Criminal Code Act

(2) List the definitions, summary, and/or lists of terms used in the Criminal Code Act, but which definitions were repealed by the act.

3 - Dispersal Orders

(1) Dispersal Orders are to be defined as an order from a DHS member holding a rank of Sergeant or above requiring players to leave a specified area and not return for a period of time.

(a) An identified person or group of persons may be subject to a dispersal order should they be continuously inciting and/or conducting violence against others.

(b) For a dispersal order to be valid, a member of the DHS with the rank of Sergeant or above must:

(i) Identify the individuals subject to the dispersal order in global chat and /msg

(ii) State the area within which they are not permitted to return.

(iii) State the time from which the dispersal order is active.

(c) Dispersal orders are only valid for 15 minutes and for an area no bigger than 50 x 50 blocks.

(d) Dispersal orders may be reapplied as long as the personnel sanctioning the order can justify the necessity for the order.

4 - Illicit Substances

(1) Illicit Substances are to be defined as any substance deemed illicit through the amendment of this bill.

(a) The Department of Health must maintain a list on the Forums listing all illegal substances.

(i) Upon any new substances being deemed illicit, the Department of Health has one week upon the bills signage into law to update their list on the forums.

(b) The Following Substances are deemed illicit.

(i) Quix

(ii) Tyalus Erthro

(iii) Meep

(iv) Fuchsin

(v) Hite

(vi) Sleepitol

(vii) Lerf

(iix) Ermiya

(ix) Glisp

(x) Azamath

(c) The following elixirs are hereby deemed illicit:

(i) Irish Shine Elixir

(ii) Fire Shine Elixir

(iii) Potato Shine Elixir

(iv) Carrot Shine Elixir

(v) Spirit Shine Elixir

(vi) Glow Berry Shine Elixir

(vii) Sweet Berry Shine Elixir

(d) The ingredients to produce these substances are not illicit.

5- Weapons Of Mass Destruction

(1) Weapons of Mass Destruction (Or WMDs) are to be defined as any item deemed by Congress to meet this category.

(a) The list of Weapons of Mass Destruction is the following:

(i) Fatman

(ii) Mininuke

(b) The ingredients to produce these items are not illicit.

6- Bounties

(1) Bounties are to be defined as a monetary value set to be paid upon the death of a player, these are to be set exclusively through the Bounty plugin.

(2) Bounties are considered legal, and the Department of Justice Homeland Security may not arrest a citizen for setting one.

(3) No citizen may be prosecuted for setting a bounty in a court of law.

7- Illicit Renting

(1) Restrictions on renting must be posted by the landlord before said restrictions can become legally enforceable. No tenant may be evicted if the region is rented before restrictions are implemented, but the landlord may prohibit the tenant from extending their rent. Unauthorized extension of rent shall be considered illicit renting.

(2) Posted restrictions must be posted on a sign or in a clearly marked and publicly readable book on a lectern, at every public entrance to the property. Failing to notice such signage shall not be a defense against illicit renting.

(3) No refunds shall be granted for rent paid in instances of illicit renting.

(4) Restrictions may include whitelisting or blacklisting individuals or occupations to rent or not rent on the property, being a new player, or any other reasonable reason, but restrictions that exist to deny the right to equality of people on the basis of sex or appearance shall be expressly prohibited.

8 - Entrapment

(1) Law Enforcement Official. For the purposes of this Section, a law enforcement official is an officer or employee of any agency or authority of the Commonwealth of Redmont who is empowered by law to:
(a) investigate or conduct an official inquiry into a potential violation of law; or
(b) prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.

(2) Entrapment. A law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, they induce or encourage another person to engage in conduct constituting such offense by either:
(a) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or
(b) employing methods of persuasion or inducement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

(3) Affirmative Defense. Except as provided in 8(4) of this Act, a person prosecuted for an offense shall be acquitted, or a person charged with a summary criminal offense shall have that offense overturned, if they prove by a balance of probabilities that their conduct occurred in response to an entrapment.

(4) Exception. The defense afforded by this Section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.
(a) “Bodily injury” includes, but is not limited to:
(i) damage to the health bar;
(ii) physical ailments; and
(iii) harmful status effects.
(b) “Bodily injury” does not include damage and/or effects from consensually consumed substances.
 
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Presidential Assent


This bill has been granted assent and is hereby signed into law.

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House Vote: 11-0-0
Senate Vote: 5-0-0

A
BILL
To

Amend the
Criminal Terminology Act to Allow Entrapment Defenses

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment

(1) This Act may be cited as the 'Entrapment Defense Act.'

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by CaseyLeFaye and is based upon the Model Penal Code.

(4) This Act has been sponsored by Representative Plura72 (LcnGlazer).

(5) This Act has been co-sponsored by Representative Omegabiebel and Senator DocTheory.

2 - Reasons

(1) Currently, it is legal for the Government to entrap people.

(a) Entrapment being legal can lead to ambitious law enforcement officials entrapping typically innocent individuals for a boost in reputation or money, which is especially unfair to new players.

(2) To amend the Criminal Terminology Act.

3 - Amendment

(1) The Criminal Terminology Act shall be amended as follows:

8 - Entrapment
(1) Law Enforcement Official. For the purposes of this Section, a law enforcement official is an officer or employee of any agency or authority of the Commonwealth of Redmont who is empowered by law to:
(a) investigate or conduct an official inquiry into a potential violation of law; or
(b) prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
(2) Entrapment. A law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, they induce or encourage another person to engage in conduct constituting such offense by either:
(a) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or
(b) employing methods of persuasion or inducement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.
(3) Affirmative Defense. Except as provided in 8(4) of this Act, a person prosecuted for an offense shall be acquitted, or a person charged with a summary criminal offense shall have that offense overturned, if they prove by a balance of probabilities that their conduct occurred in response to an entrapment.
(4) Exception. The defense afforded by this Section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.
(a) “Bodily injury” includes, but is not limited to:
(i) damage to the health bar;
(ii) physical ailments; and
(iii) harmful status effects.
(b) “Bodily injury” does not include damage and/or effects from consensually consumed substances.”​

(a) The following words, phrases, and numbers — exactly as written — shall be bolded in the above amendment:
(i) 8 - Entrapment
(ii) Law Enforcement Official.
(iii) Entrapment.
(iv) Affirmative Defense.
(v) Exception.
 

Presidential Assent


This bill has been granted assent and is hereby signed into law.

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