Criminal Offenses Act 2008

1.  This Act may be cited as the Criminal Offenses Act 2008.

2.  A criminal offense is an act or omission, done with malicious intent, recklessness or criminal negligence, which causes harm to a person, to a group of people or to the general society, or an act, done with malicious intent, which demonstrates an inclination to commit a criminal offense.

3.  Malicious intent is a desire to cause harm.

4.  Recklessness is willful disregard for the likelihood of harm, wherein the actor is aware of that likelihood.

5.  Criminal negligence is disregard for the likelihood of harm, wherein the actor is unaware of that likelihood, but a reasonable person in the same circumstances would be aware of it.

6.  Every criminal offense falls into one of three categories: treason, felony or infamous crime, and misdemeanor or petty crime, in decreasing order of severity.

7.  His Majesty, or the Lord Advocate acting in His Majesty’s name, may indict and prosecute any citizen of the Kingdom of Æfira, or any foreigner within Æfira, who commits a criminal offense.

8.  His Majesty, or any law-enforcement officer acting in His Majesty’s name, may arrest and detain any citizen of the Kingdom of Æfira, or any foreigner within Æfira, who is reasonably suspected of committing or being about to commit a criminal offense.

9.  No person may be detained for a period greater than twenty-four hours without indictment.

10.  No person may be compelled to give testimony to law-enforcement officers. No person may be compelled to give testimony against him- or herself under any circumstances, and a defendant’s refusal to give testimony may not be used as evidence against him or her.

1.  Criminal homicide consists of unlawfully killing another person with criminal negligence. Criminal homicide is a felony.

2.  Manslaughter consists of unlawfully killing another person with recklessness. Manslaughter is a felony.

3.  Murder consists of unlawfully killing another person with malicious intent. Murder is a felony.

4.  Judicide consists of killing a judge performing his or her office. Judicide is treason.

5.  Regicide consists of killing the Sovereign or a Commissioner of Regency. Regicide is treason.

6.  Homicide is lawful when:

1.  Harassment consists of engaging in unwanted conduct toward another person with the effect of creating an offensive, hostile, degrading or humiliating environment for that person. Harassment is a misdemeanor.

2.  Assault consists of causing another person to apprehend imminent bodily harm. Assault is a misdemeanor.

3.  Battery consists of causing bodily harm to another person. Battery is a felony; battery of the Sovereign or a Commissioner of Regency is treason.

4.  Abduction consists of taking and carrying away, or unlawfully imprisoning or restraining, another person, without that person’s consent. Abduction is a felony; abduction of the Sovereign or a Commissioner of Regency is treason.

5.  Sexual assault consists of performing physical contact of a sexual nature upon another person without that person’s consent. Sexual assault is a felony; sexual assault of the Sovereign or a Commissioner of Regency is treason.

6.  Rape consists of performing sexual intercourse with another person without that person’s consent. Rape is a felony; rape of the Sovereign or a Commissioner of Regency is treason.

1.  Trespassing consists of unlawfully entering another person’s property without that person’s consent. Trespassing is a misdemeanor.

2.  Conversion consists of appropriating, using or exerting control over another person’s property, without that person’s consent but not for the purpose of permanently depriving that person of it. Conversion is a misdemeanor.

3.  Vandalism consists of damaging, defacing or destroying another person’s property without that person’s consent. Vandalism is a misdemeanor.

4.  Petty larceny consists of appropriating, using or exerting control over another person’s property, valued at not more than fifty æans, without that person’s consent and for the purpose of permanently depriving that person of it. Petty larceny is a misdemeanor.

5.  Grand larceny consists of appropriating, using or exerting control over another person’s property, valued at more than fifty æans, without that person’s consent and for the purpose of permanently depriving that person of it. Grand larceny is a felony.

6.  Robbery consists of committing grand or petty larceny by means of violence or the threat of violence. Robbery is a felony.

7.  Burglary consists of committing the crime of trespassing for the purpose of committing grand or petty larceny or robbery. Burglary is a felony.

8.  Arson consists of setting fire to another person’s property for the purpose of committing vandalism. Arson is a felony.

9.  Fraud consists of deceiving another person, with malicious intent and for the purpose of gaining for oneself or another. Fraud is a misdemeanor.

10.  Extortion consists of coercing, inducing or attempting to coerce or induce another person into doing any act, by means of threats, accusations, menaces or violence, without reasonable justification and for the purpose of gaining for oneself or another. Extortion is a felony.

11.  Counterfeiting consists of forging coin, currency or official documents (including documents in electronic form), or parts thereof. Counterfeiting is a felony; counterfeiting the Great Seal of the Realm or the Sovereign’s Sign Manual is treason.

2.  Disturbing the peace consists of disrupting peace and order in a public place, by: Disturbing the peace is a misdemeanour.

3.  Affray consists of performing or threatening violence, with the effect of causing damage to person or property or causing a reasonable person to fear for his or her personal safety. Affray is a felony.

4.  Riot consists of committing the crime of affray in a group of three or more and for a common purpose. Riot is a felony.

1.  Contempt of court consists of: Contempt of court is a misdemeanor.

2.  Contempt of Parliament consists of: Contempt of Parliament is a misdemeanor.

3.  Bribery consists of giving or receiving any item of value with the intention of influencing the actions of a public official in the performance of his or her public duty. Bribery is a misdemeanor.

4.  Obstruction of justice consists of: Obstruction of justice is a felony.

5.  Perjury consists of violating a solemn oath or affirmation. Perjury is a felony.

6.  Usurpation consists of unlawfully exercising any of the prerogatives, powers or duties of the King or Parliament of Æfira. Usurpation is a felony.

7.  Adherence consists of aiding, assisting or declaring allegiance to the enemies of the Sovereign or the Kingdom of Æfira. Adherence is treason.

8.  Insurrection consists of: Insurrection is treason.

1.  Incitement consists of encouraging, persuading, instigating or threatening another person to commit a criminal offense. Incitement to commit a felony is a misdemeanor; incitement to commit treason is a felony.

2.  Anticipation consists of plotting or planning to commit a criminal offense. Anticipation of a felony is a misdemeanor; anticipation of treason is a felony; anticipation of regicide is treason.

3.  Conspiracy consists of plotting or planning with another person to commit a criminal offense. Conspiracy to commit a felony is a misdemeanor; conspiracy to commit treason is a felony; conspiracy to commit regicide is treason.

4.  Abetting consists of assisting in the commission of a criminal offense, or aiding the perpetrator of a criminal offense in evading justice. Abetting the commission of a felony is a misdemeanor; abetting the commission of treason is a felony.

5.  Attempt consists of attempting, though failing, to commit a criminal offense, with malicious intent. Attempt to commit a felony is a misdemeanor; attempt to commit treason is a felony; attempt to commit regicide is treason.

6.  Misprision of treason consists of being aware of the imminent or ongoing commission of treason and failing to report the same to a judicial or law-enforcement authority. Misprision of treason is a felony.

7.  The term sedition refers to plotting, conspiring or attempting to commit insurrection, or inciting another person to commit insurrection.