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OFFENSES AND SENTENCES ACT 2016


[June 2nd, 2016]

An Act to provide for the creation of a criminal code for the Kingdom of Scone, to authorize certain sentences and penalties to be issued by the courts of the realm, and for other purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords and Burgesses in this present Parliament assembled, and by the authority of the same, as follows:

1. SHORT TITLE

This act may be cited for all purposes as “Offenses and Sentences Act 2016.”

2. CLASSIFICATION OF CRIMINAL OFFENSES AND SENTENCING REQUIREMENTS

A. Criminal offenses shall be grouped into four categories which shall limit the sentencing options available to courts during proceedings. The court may, at its discretion, impose multiple penalties within that sentencing class.

B. The lowest offense shall be a Class B misdemeanor which shall be used to describe the most minor offenses, or first offenses for minor-moderate violations. Penalties which may be imposed by courts for these offenses shall be limited to Reprimand, Community Service (minimal time), Probation (not to exceed 3 months), and Restriction (not to exceed 2 weeks).

C. The next highest offense shall be a Class A misdemeanor which shall be used to describe more serious minor or moderate offenses, or repeated offenses for minor violations. Penalties which may be imposed by the courts for these offenses shall be limited to Reprimand, Community Service (minimal-below average time), Probation (not to exceed 6 months), Restriction (not to exceed 1 month), and Suspension (not to exceed 1 week).

D. The next highest offense shall be a Class B felony which shall be used to describe a serious offense, or repeated offenses for moderate violations. Penalties which may be imposed by the courts for these offenses shall be limited to Community Service (above average time), Probation (not to exceed 1 year), Restriction (not to exceed 3 months), Suspension (not to exceed 1 month), and Expulsion.


E. The highest offense shall be a Class A felony which shall be used to describe only the most serious offenses, or repeated offenses for serious violations. Penalties which may be imposed by the courts for these offenses shall be limited to Community Service (major project/several projects totaling a significant amount of time), Probation (not to exceed 2 years), Restriction, Suspension (not to exceed 3 months), Expulsion, and Banishment.

F. If an individual repeats an offense within an 18 month period, the prosecution may charge the Defendant with the next highest class of offense than mandated by law. If the offense prescribes two possible categories, the Defendant shall be charged with the more severe category. The Court may, at its discretion, lower the offense during trial to its normal level, or find the Defendant guilty of the lesser offense classification.

G. In the event an individual is found guilty of multiple counts of the same offense, the court may, at its discretion, impose a sentence of the next higher class level.

3. DEFINITION OF SENTENCING OPTIONS

A. Reprimand: The Court may issue a formal warning against an individual which becomes public record stating that the Court has found an offense was committed, and that the individual has been admonished for the same, but orders no further penalty.

B. Community Service: The Court may order an individual to perform certain type(s) of community service in order to avoid a stricter sentence. This community service must be reasonable and is subject to appellate review. The court should set a time period and clearly lay out what service(s) should be performed, and if that Community Service is not performed, the Court may impose a stricter sentence consistent with the original offense. The length of time and difficulty of these tasks shall be determined by the severity of the offense.

C. Probation: The Court does not issue any higher penalties against the individual, so long as the individual maintains a clean record, good conduct, and is not found guilty of another offense during a period of time set by the Court. The court may impose other terms as it sees fit including community service, subject to appellate review. If an individual violates the terms of Probation, the Court will reconvene to consider a stricter sentence, consistent with the original offense.


D. Restriction: The Court may suspend or restrict an individual’s access in certain areas of the Kingdom for a set period of time. The Parliament group is not subject to restriction for citizens, except in cases where an individual is banished.

E. Suspension: The Court may suspend an individual from participating fully as a citizen of the Kingdom (except for Parliament) for a set period of time. The maximum length for suspensions depends on the classification of the offense committed. During a suspension, an individual loses access to all Kingdom groups limited to citizens only.

F. Expulsion: Expulsion may be ordered to remove a non-citizen from participating in one or more of the Kingdom’s groups and can also be used to permanently remove an individual (citizen or non-citizen) from participating in one or more groups while not removing their citizenship status. Expulsion from the Parliament group may only be issued by Parliament itself in the case of citizens.

G. Banishment: A sentence of Banishment strips an individual of their citizenship and results in their removal from all of the Kingdom’s citizens-only groups, including the Parliament group. The Court may also, at its discretion, remove a banished individual from open groups such as the Hound and Quarry. A banished individual may only be allowed to rejoin the Kingdom through a resolution passed by both Houses of Parliament or a pardon or commutation from the Sovereign.

H. In extraordinary circumstances, the Court may impose an additional sentence such as a no-contact order with an individual as the circumstances of the case may warrant. Any sentence given outside of those outlined above may be subject to special review by higher appellate courts.

4. LESSER OFFENSES

A. Spam: It shall be a class B misdemeanor to post spam or unauthorized advertisements for services unrelated to the Kingdom of Scone in the Kingdom’s groups without the permission of the Sovereign, the Prime Minister, or the Home Secretary.

B. Libel: Depending on the severity of the offense as determined by the Court, it shall either be a Class B or Class A misdemeanor for someone to engage in libel against another individual. Libel shall be defined as a false accusation expressed by print, writing, pictures, signs, effigies, or any publicly viewable communication that is injurious to a person’s reputation, exposes a person to public hatred, contempt or ridicule.


C. Obscenity: It shall be a Class A misdemeanor to post any obscene material in any Kingdom group. Obscene material shall be defined as any material that would reasonably be deemed offensive or disgusting by the average person, as determined by the Court.

D. Disturbing the King’s Peace: Depending on the severity of the offense as determined by the Court, it shall be either a Class B or Class A misdemeanor for someone to violate His Majesty’s Peace. A violation of His Majesty’s Peace shall occur when an individual’s words or conduct may be reasonably assumed to jeopardize others right to peace and tranquility within the Kingdom of Scone.

5. MODERATE OFFENSES

A. Harassment: Depending on the severity of the offense as determined by the Court, it shall be a Class A misdemeanor, a Class B felony, or a class A felony for an individual to engage in harassment. Harassment shall be defined as a continual and systematic pattern of unwanted or annoying actions of one party or a group which has not ceased despite the victim requesting that the Defendant cease.

B. Contravention: It shall be a Class A misdemeanor to knowingly and willingly fail to comply with a law, order-in-council, proclamation, or to fail to faithfully execute the laws of the Kingdom after receiving due notice and reasonable time to bring themselves back into compliance with the law.

C. Violation of Affirmation: Depending on the severity of the offense as determined by the Court, it shall be a Class A misdemeanor or a Class B felony for an individual to violate a lawful affirmation they have taken within the Kingdom of Scone.

D. Misuse of Public Office: Depending on the severity of the offense as determined by the Court, it shall be a Class A misdemeanor or a Class B felony for an individual who holds public office to misuse the powers of that office unlawfully for personal gain, or to behave in a manner contrary to public law, an order-in-council, or proclamation.

E. Obstruction of Justice: Depending on the severity of the offense as determined by the Court, it shall be a Class A misdemeanor or a Class B felony for an individual to obstruct a lawful investigation by a Government agency, court, or other appropriate officer or authority, or to intentionally withhold or mislead the aforementioned organizations in the lawful discharge of their investigative duties. This offense shall also apply to any attempt to intimidate, unlawfully influence, or tamper with the fair deliberations of a judge or jury during the consideration of a matter.


6. Severe Offenses

A. Bribery: It shall be a Class B felony for an individual to offer, give, solicit, or receive of any item of value as a means of influencing the actions of an individual holding a public or legal duty.

B. Perjury: It shall be a Class B felony for an individual to knowingly make a false statement after taking an oath in a proceeding, present false evidence, or tamper with evidence.

C. Hate Speech: Depending on the severity of the offense as determined by the Court, it shall be a Class B felony or a Class A felony for any individual to post hateful speech directed at an individual or group on account of their race, gender, religion, or sexual orientation. It shall also be unlawful under this same provision to link to or publically support within the Kingdom’s groups other organizations that actively support the persecution or death of individuals or groups of people.

D. Uttering Threats: It shall be a Class A felony to utter any threat against an individual or group. A threat is defined as a declaration of one’s intent which a reasonable person would assume indicates a willingness to cause another person physical or emotional harm.

E. Misuse of Kingdom Resources: It shall be a Class A felony to attempt to remove or unlawfully appropriate any of the Kingdom’s resources without the appropriate permission of the Government. This includes deleting Kingdom Facebook groups without authorization, attempts to hack into any Kingdom website, group, or database, etc.

F. Treason: It shall be a Class A felony for any individual or group to advocate or attempt to overthrow the Sovereign or the Government of the Kingdom of Scone by unlawful means, or to lend conscious aid or support to these individuals or groups, or to collude with a foreign power to commit the same. This offense shall also extend to individuals or groups who have taken an affirmation of loyalty to the Sovereign, but later fail to recognize the Sovereign or his legal successors as Sovereign according to law. This offense shall constitute treason, and shall only be heard by the Court of His Majesty the King in Parliament.


7. Indirect and Special Offenses

A. Incitement: It shall be an offense to encourage, cajole, or intimidate an individual to commit an unlawful act. The class of the offense shall correspond with the class of the offense that the individual attempted to incite someone to engage in. In the event an offense has multiple classes, the court may use its discretion in determining which class to find the individual guilty of.

B. Conspiracy: It shall be an offense to enter into an agreement with another individual or group of individuals to commit an unlawful act. It shall not be necessary for the act to have taken place in order for individuals to be charged with this act. The class of the offense shall correspond with the class of the offense that the individuals planned to engage in. In the event an offense has multiple classes, the court may use its discretion in determining which class to find the individuals guilty of.

C. Accessory: It shall be an offense to knowingly provide support, aid, or comfort to an individual who will, is currently, or has already committed a crime. This shall also include deliberately attempting to cover up evidence that an offense has occurred. The class of the offense shall correspond with the class of the offense that the individuals who were assisted engaged in. In the event an offense has multiple classes, the court may use its discretion in determining which class to find the individuals guilty of.

D. Criminal Contempt: Depending on the severity of the offense as determined by the Court, it shall be a Class A misdemeanor or a Class B felony to fail to comply with any lawful order issued by a court which has not been stayed or overturned by a higher court within a reasonable amount of time as laid out by the court in its original order. The court may, at its discretion, remove or reduce the penalty if the order is later complied with.

8. COMMENCEMENT

This legislation and all the provisions therein shall come into force upon receiving the Royal Assent.

SCHEDULE:


THE MEANING OF CERTAIN TERMS EMPLOYED IN THIS ACT:

“Offense” shall refer to an act or omission committed in any place, in contravention of Sconnish law, by any person whatsoever.

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