Article 1 - General purposes

 

S 1.00 Short title. 

This chapter shall be known as the "DIIS Department Rules" 

 

S 1.05 General purposes. The general purposes of the provisions of this chapter are: 

1. To proscribe conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests through infrastrcutral defiances; 

2. To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction; 

3. To define the act or omission and the accompanying mental state which constitute each offense; 

4. To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor; 

5. To provide for an appropriate public response to particular offenses, including consideration of the consequences of the offense for the damage, violation, instability, theft; and 

6. To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, and their confinement when required in the interests of public protection.

 

Article 5 - General Rules of Construction and Application

 

S 5.00 Penal Code not strictly construed. 

The general rule that a penal statute is to be strictly construed does not apply to this chapter, but the provisions herein must be construed according to the fair import of their terms to promote justice and effect the objects of the Department Rules and Department of Infrastructural Integrity Services.

S 5.05 Application of chapter to offenses committed before and after enactment. 

1. The provisions of this chapter shall govern the construction of and punishment for any offense defined in this chapter and committed after the effective date hereof, as well as the construction and application of any defense to a prosecution for such an offense. 

2. Unless otherwise expressly provided, or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside of this chapter and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense. 

3. The provisions of this chapter do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this chapter, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of Department Rules existing at the time of the commission thereof in the same manner as if this chapter had not been enacted.

 

 S 5.10 Other limitations on applicability of this chapter. 

1. Except as otherwise provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this chapter but by the criminal procedure Department Rules and violations. 

2. This chapter does not affect any power conferred by Department Rules upon any court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or Department Ruless. 

3. This chapter does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by Department Rules to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an offense defined in this chapter. 

 

Article 10 - Definitions

S 10.00 Definitions of terms of general use in this chapter.

 Except where different meanings are expressly specified in subsequent provisions of this chapter, the following terms have the following meanings: 

1. "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any Department Rules of this state or by any Department Rules, local Department Rules or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by Department Rules to adopt the same.

2. "Violation" means an offense, for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed.

3. "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property. 

4. "Physical injury" means impairment of physical condition or substantial pain. 

5. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. 

6. “Corporation” means any business, shop, company, etc that is in operation within the land of Ivoria.

S 15.00 Culpability; definitions of terms. 

The following definitions are applicable to this chapter: 

1. "Act" means a bodily movement. 

2. "Voluntary act" means a bodily movement performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it. 

3. "Omission" means a failure to perform an act as to which a duty of performance is imposed by Department Rules.

4. "Conduct" means an act or omission and its accompanying mental state. 

5. "To act" means either to perform an act or to omit to perform an act. 

6. "Culpable mental state" means "intentionally" or "knowingly" or "recklessly" or with "criminal negligence, " as these terms are defined in section 15.05.

 

S 15.05 Culpability; definitions of culpable mental states. 

The following definitions are applicable to this chapter: 

1. "Intentionally." A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct. 

2. "Knowingly." A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. 

3. "Recklessly." A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.  A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto. 

4. "Criminal negligence." A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

 

S 15.10 Requirements for liability in general and for offenses of strict liability and mental culpability. 

The minimal requirement for liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If such conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, such offense is one of "strict liability. " If a culpable mental state on the part of the actor is required with respect to every material element of an offense, such offense is one of "mental culpability."

 

S 15.15 Construction of statutes with respect to culpability requirements. 

1. When the commission of an offense defined in this chapter, or some element of an offense, requires a particular culpable mental state, such mental state is ordinarily designated in the statute defining the offense by use of the terms "intentionally," "knowingly," "recklessly" or "criminal negligence," or by use of terms, such as "with intent to defraud" and "knowing it to be false," describing a specific kind of intent or knowledge.  When one and only one of such terms appears in a statute defining an offense, it is presumed to apply to every element of the offense unless an intent to limit its application clearly appears. 

2. Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, should be construed as defining a crime of mental culpability. This subdivision applies to offenses defined both in and outside this chapter.

 

S 15.20 Effect of ignorance or mistake upon liability. 

1. A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact, unless: (a) Such factual mistake negatives the culpable mental state required for the commission of an offense; or (b) The statute defining the offense or a statute related thereto expressly provides that such factual mistake constitutes a defense or exemption; or (c) Such factual mistake is of a kind that supports a defense of justification as defined in article thirty-five of this chapter. 

2. A person is not relieved of liability for conduct because he engages in such conduct under a mistaken belief that it does not, as a matter of Department Rules, constitute an offense, unless such mistaken belief is founded upon an official statement of the Department Rules contained in (a) a statute or other enactment, or (b) an administrative order or grant of permission, or (c) a judicial decision of a state or federal court, or (d) an interpretation of the statute or Department Rules relating to the offense, officially made or issued by a public servant, agency or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such statute or Department Rules. 

3. Notwithstanding the use of the term "knowingly" in any provision of this chapter defining an offense in which the age of a child is an element thereof, knowledge by the defendant of the age of such child is not an element of any such offense and it is not, unless expressly so provided, a defense to a prosecution therefor that the defendant did not know the age of the child or believed such age to be the same as or greater than that specified in the statute. 

4. Notwithstanding the use of the term "knowingly" in any provision of this chapter defining an offense in which the aggregate weight of a controlled substance or marihuana is an element, knowledge by the defendant of the aggregate weight of such controlled substance or marihuana is not an element of any such offense and it is not, unless expressly so provided, a defense to a prosecution therefor that the defendant did not know the aggregate weight of the controlled substance or marihuana.

 

S 15.25 Effect of intoxication upon liability. 

Intoxication is not, as such, a defense to a charge or allegation; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crime charged.

S 25.00 Fines for violations. 

 

1. Class A Violation. 

A sentence to pay a fine for a class A violation shall be a sentence to pay an amount, fixed by the court, not exceeding one 500 mina

2. Class B Violation. A sentence to pay a fine for a class B shall be a sentence to pay an amount, fixed by the Department of Infrastructure Integrity Services, not exceeding 250 Mina. 

3. Unclassified violation. A sentence to pay a fine for an unclassified violation shall be a sentence to pay an amount, fixed by the Department of Infrastructure Integrity Services, in accordance with the provisions of the law or ordinance that defines the violation committed. 

4. Alternative sentence. If a person has gained money or property through the commission of any violation or violation then upon conviction thereof, the Department of Infrastructure Integrity Services, in lieu of imposing the fine authorized for the offense under one of the above subdivisions, may sentence the defendant to pay an amount, not exceeding double the amount of the defendant`s gain from the commission of the offense

6. Exception. The provisions of this section shall not apply to a corporation.

 

S 30.00 Fines for corporations. 

1. In general. A sentence to pay a fine, when imposed on a corporation for an offense defined in this chapter or for an offense defined outside this chapter for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding:

 (a) 1,000 Mina, when the conviction is of a Class A Violation; 

(b) 500 Mina, when the conviction is of a Class B Violation or of an unclassified violation for which a term of imprisonment in excess of three months is authorized; 

(c) 250 Mina, when the conviction is of a Class B Violation or of an unclassified violation for which the authorized term of imprisonment is not in excess of three months;

 (d) 100 Mina, when the conviction is of a violation; 

(e) Any higher amount not exceeding double the amount of the corporation`s gain from the commission of the offense. 

2. Exception. In the case of an offense defined outside this chapter, if a special fine for a corporation is expressly specified in the law or ordinance that defines the offense, the fine fixed by the court shall be as follows: 

(a) An amount within the limits specified in the law or ordinance that defines the offense; or 

(b) Any higher amount not exceeding double the amount of the corporation`s gain from the commission of the offense. 

3. Determination of amount or value. When the court imposes the fine authorized by paragraph (e) of subdivision one or paragraph 

 

S 40.00 Multiple offenses. 

Where a person is convicted of two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other, and the Department of Infrastructure Integrity Services imposes a sentence of imprisonment or a fine or both for one of the offenses, a fine shall not be imposed for the other. 

S 45.15 Sentences of imprisonment for violation. 

1.  Class  A  Violation.  A  sentence  of imprisonment for a class A Violation shall be a  definite  sentence if approved by the The Minister of Domestic Affairs and Bureaucracy and those working beneath them. When  such  a  sentence  is imposed  the  term shall be fixed by the The Minister of Domestic Affairs and Bureaucracy and Department of Infrastructure Integrity Services, and shall not exceed one year. 

2.  Class  B  Violation.  A  sentence  of imprisonment for a class B Violation shall be a  definite  sentence if approved by the The Minister of Domestic Affairs and Bureaucracy and those working beneath them.  When  such  a  sentence  is imposed the term shall be fixed by the court, and shall not exceed three months. 

3.  Unclassified  Violation.  A  sentence  of  imprisonment  for  an unclassified misdemeanor shall be  a  definite  sentence if approved by the The Minister of Domestic Affairs and Bureaucracy and those working beneath them.  When  such  a sentence  is  imposed the term shall be fixed by the court, and shall be in accordance with the sentence specified in the law or  ordinance  that defines the crime. 

S 50.00 Violations Definitions

1.  Class  A  Violation.  A Class A Violation is the highest level of Violation one can receive within the precip of Ivoria. Class A Violations are the most serious, as these violations are done Knowingly. Intentionally, as well are;

(A) Are given to severely dangerous locations that can lead to death

(B) Are severe eyesores to the land

(C) Are severely defying the laws of gravity that even don’t make sense for the logic of Aevos

(D) Are Accessing other properties through your own, leading to trespassing and other crimes being committed 

(E) Determined at the time by the active standing member present of Department of Infrastructure Integrity Services 

 

2.  Class  B  Violation.  A Class B Violation is the second highest level of Violation one can receive within the precip of Ivoria. these violations are done Knowingly. Intentionally, as well are;

(A) Are given to hazardous spots that may lead to injury

(B) Are given to minor eyesores and annoyances within the land

(C) Are given to basic areas defying the laws of gravity to some extent

(D) Structures impeding on another person's property

(E) Determined at the time by the active standing member present of Department of Infrastructure Integrity Services 
 

S 50.50 Class A Violations - Fall Risk

1. Lack of Proper Railing. One may receive a Class A Violation under the pretense that someone on their property is a lack of;

(A) Wall

(B) Fence

(C) Railing

(D) Rope 

(E) Warning Sign

That can lead to an individual to fall to their death in a reckless manner.

 

S 60.00 Class A Violations - Eyesore

1. Severe eyesore within the land. One may receive a Class A Violation under the pretense that someone has knowingly and intentionally;

(A) Created such an ugly structure visible to the public eye that one should be severely ashamed of themselves

(B) Created such a bad structure visible to the public eye that the Blue Warriors of Aevos by deem it as a ‘Land Scar’ 

 

S 60.50 Class A Violations - No-Gravity

1. A severe lack of Gravity logic within ones property. One may receive a Class A Violation under the pretense that someone has knowingly and intentionally;

(A)  Build a structure that by all means defies the logic of Gravity, even in the land of Aevos, to the point that the building, structure, or creation made should not exist, or should fall down immediately.

 

S 70.00 Class A Violations - Trespassing Structures

1. Trespassing Structures. One may receive a Class A Violation under the pretense that someone has knowingly and intentionally;

(A)  Created an illegal opening in the wall that leads to another persons property without the permission of Department Of Infrastructure Integrity Services, The Minister of Domestic Affairs and Bureaucracy or Lady Prefect

(B) Created an Illegal basement to a structure that did not come with one, or did so without permission of the Department Of Infrastructure Integrity Services, The Minister of Domestic Affairs and Bureaucracy or Lady Prefect

(C) Created an tunnel accessing an unpermitted area

(D) Created an tunnel that was not approved by the Department Of Infrastructure Integrity Services, The Minister of Domestic Affairs and Bureaucracy or Lady Prefect

(E) Created a structure that in some way, shape, or form severely tresspasses onto another property without consent, or permission of the Department Of Infrastructure Integrity Services, The Minister of Domestic Affairs and Bureaucracy or Lady Prefect

 

S 70.50 Class B Violations - Fall Risk

1. Lack of Proper Railing. One may receive a Class B Violation under the pretense that someone on their property is a lack of;

(A) Wall

(B) Fence

(C) Railing

(D) Rope 

(E) Warning Sign

That can lead to an individual to fall, causing minor to severe injury

 

S 80.00 Class B Violations - Eyesore

1. A small or simple eyesore within the land. One may receive a Class B Violation under the pretense that someone has knowingly and intentionally;

(A) Created a basic ugly structure that is seen by the public eye that deserves quite the amount of pity and shame

 

S 80.50 Class B Violations - No-Gravity

1. An odd lack of Gravity logic within ones property. One may receive a Class B Violation under the pretense that a building does not have;

(A) Pillars

(B) Walls

(C) Poles 

(D) Fences

To hold up a structure such as a ceiling, over-hang, Balcony, etc

 

2. One may receive a Class B Violation under the pretense that a building does not have;

(A) Pillars

(B) Walls

(C) Poles 

(D) Fences

To hold up hanging lights, decorations, leaves, flowerbeds, etc

 

S 90.00 Class B Violations - Impeding Structures

1. Impeding Structures. One may receive a Class B Violation under the pretense that someone has knowingly and intentionally;

(A) Placed decorations of any sort that impedes on another person's property

(B) Thinned their walls to the point they have impeded across property lines

(C) Extended their walls to the point they have impeded across property lines

(D) Created an outdoor stall that has impeded onto another person's property or yard

(E) Creating an outdoor stall or structure on property they were not given permission to do so by the Department Of Infrastructure Integrity Services, The Minister of Domestic Affairs and Bureaucracy or Lady Prefect

yes this is LOTC OSHA