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Criminal_Code.md

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Aquilan Criminal Code

Section I: Crimes

Battery(1):

Hitting or otherwise causing direct damage to another.

Attempted Murder(3):

Hitting or otherwise causing direct damage to another with the intent of murder.

Murder(3):

Directly causing the death of another, including but not limited to hitting with or without a weapon.

Pearling(3):

Pearling another.

Kidnapping(3):

Pearling another for an extended period of time or trapping a player in a location where they cannot freely leave for an extended period of time.

Breaking and Entering(2):

Intentionally entering another's property without explicit or implicit permission. This includes both physically breaking blocks or glitching into a property.

Griefing (Minor) (2):

Breaking blocks belonging to another, placing blocks on another's property, killing an animal belonging to another, or placing animals on another's property without explicit or implicit permission.

Griefing (Major) (3):

Breaking blocks belonging to another, placing blocks on another's property, killing an animal belonging to another, or placing animals on another's property without explicit or implicit permission with result in damages estimated at a significantly large value.

Theft (Minor) (2):

Taking another's property without explicit or implicit permission.

Theft (Major) (3):

Taking another's property without explicit or implicit permission with result in damages estimated at a significantly large value.

Building Code Violation (1):

Violating the Building Codes for a zone, which can be found on the /r/CivAquila sidebar.

Fraud(1):

Knowingly claiming ownership of land or items that belong to another such that the claim causes the use of Aquilan resources to sort out the owner, or use of misleading tactics to extort land or items from another.

Building Code Violation (1):

Violating the Building Codes for a zone, which can be found on the /r/CivAquila sidebar.

Harassment (2):

Harassment shall be defined as behavior or speech intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behavior which is found threatening or disturbing.

In the jurisdiction of this code, which is defined as the server these rules are being applied to, harassment will be seen as acts including but not limited to: placing blocks to inhibit the movement of the affected party, excessive and repetitive waving of a weapon in the direct vicinity of the affected party, and excessive and intentional following of an affected party. All forms of harassment will only be found unlawful once the affected party has clearly asked more than once for the accused to desist.

No person shall be convicted of an offence under this article if the actions take place outside of the jurisdiction of this code.

Inciting Hate (3)

Inciting Hate shall be defined as communicating statements in any public place, and not in private conversation, and inciting hatred against any identifiable group.

In this, “identifiable group” means any section of the public distinguished by colour, race, religion, ethnic origin, gender or sexual orientation.

No person shall be convicted of an offence under this

(a) if he establishes that the statements communicated were true;

(b) if on reasonable grounds he believed the statements to be true;

(c) if, in good faith, he expressed an opinion on a religious subject;

(d) if, in good faith, his statements pertain to a group within the jurisdiction of this code; or

(e) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group.

Uttering Threats (2)

Uttering Threats shall be defined as communicating intent to inflict harm or loss on another person, group of people, animal or Aquila and its land territories.

A land territory shall be defined as the land claim of a specific nation and all cities/property within that claim. Land territories are determined by the DevMap or other appropriate forms of documentation.

In determining whether or not an accused is guilty of uttering threats the judge must establish

(a) that the accused conveyed a threat to cause death, pearling or harm to a person, group of people or animal; or

(b) that the accused conveyed a threat to burn, destroy or damage property within Aquila and its land territories.

In determining whether or not an accused is guilty of uttering threats the judge must consider the context of the words which were spoken or written. The meaning attributed to the words should be that which a reasonable person would give them.

No person shall be convicted of an offence under this article

(a) if the words uttered were not meant to be taken seriously as a threat;

(b) if the words uttered were pertaining to a fair repercussion; or

(c) if the words uttered had a plausible alternative meaning which would cause them to not constitute a threat.

Illegal Property (1)

Claiming property within Aquila or its land territories without approval from the Executive Council and refusing to forfeit the property when asked by an Executive Council member.

Espionage (3)

Espionage shall be defined as giving information, supplies, or access to private facilities and infrastructure to a person whom otherwise would not receive these things with malice intent.

Prison Breaking (4)

Prison Breaking shall be defined as an attempt to break any vault/chest in Aquila or an Allied Nation in the Delta Alliance with intent to release prisoners held inside.

Section II: Punishment

All Crimes, including crimes not defined in this document, shall be rated on a level of one to four points. Each level shall have minimum and maximum sentences, as well as reparations for property damaged, stolen, or otherwise affected. If the victim and perpetrator of any crime agree on a private settlement, The City of Aquila shall insure that all conditions of the settlement are met, and not hold a trial if so. This does not include crimes against the City of Aquila.

If at any time one’s total points are more than seven, then the maximum sentence for every crime they commit after seven points is doubled. If seven points are accumulated within a matter of 24 hours or the criminal has multiple existing offenses in other nations, the criminal may be held in private custody until such time that, under reputable arbitration or agreement from both defending and offending parties, an agreement is made and all matters are settled outside of court. The burden of proof of the criminal exceeding the seven point mark within 24 hours falls on the private party intending to hold the offender. Should that party fail to prove to a city justice that the threshold was met, the pearl must be relinquished to the City of Aquila. In extenuating circumstances, it is permissible for a judge to allow private custody of pearls that do not meet the 24 hour-seven point mark if the security of the pearl is at risk.

Types of Punishment
Pearling:

The criminal shall be pearled and the pearl shall be placed in a vault or chest as deemed appropriate by the judge.

Reparations:

The criminal shall pay a fine in either pearls, diamonds, iron, obsidian, a combination thereof, or other items dictated by the judge. How they pay the fee is at the discretion of the judge. They may or may not be pearled while they collect reparations, at discretion of the Judge. If a criminal refuses to collect reparations, they shall remain pearled until reparations have been paid.

Levels of Punishment

Each crime level will have a set of maximum punishments that can be applied to a guilty player. The judge may apply a lower level crime punishment to a higher level crime if deemed necessary.

Level 1 Crimes:

Possible Sentences: Reparations equivalent to twice the damage dealt, temporary banishment from Aquila and all land territories of Aquila and/or 24-72 hours pearled.

Level 2 Crimes:

Possible Sentences: Reparations equivalent to twice the damage dealt, temporary banishment from Aquila and all land territories of Aquila and/or 3-30 days pearled.

Level 3 Crimes:

Possible Sentences: Reparations equivalent to twice the damage dealt, permanent banishment from Aquila and all land territories of Aquila and/or indefinite pearling.

Level 4 Crimes:

Possible Sentences: Reparations equivalent to four times the damage dealt, permanent banishment from Aquila and all land territories of Aquila and indefinite pearling.

Section III: Criminal Property

Peaceful Pearling

Anyone who is accused of a crime and peacefully turns themselves in is considered peacefully pearled. If the accused player is found guilty and has property or possessions, including their inventory, within Aquila or its land territories, it is up to the judge to decide if the guilty player shall keep their property/possessions or if the government shall reclaim it. The government will first attempt to return any stolen goods back to the players who reported thefts before storing or distributing reclaimed items. Players must report stolen items by the guilty player with snitch logs before or within 2 days after the capture of the guilty player.

Non-Peaceful Pearling

Anyone who is accused of a crime and attempts to run, logout for an extended period of time or attack other players is considered non-peacefully pearled. If the accused player is found guilty and has property within Aquila or its land territories, the judge will determine if the property should be reclaimed by the government. If the guilty player has possessions within Aquila or its land territories, the judge will decide if the possessions are to be turned over to the government or given to the players involved in the capture of the guilty player. The government will first attempt to return any stolen goods back to the players who reported thefts before storing or distributing reclaimed items. Players must report stolen items by the guilty player with snitch logs before or within 2 days after the capture of the guilty player.