Infractions Act, 1767

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

---

 

 

The Infractions Act, 1767

7 Tobias’ Bounty

Introduced in the Commons.

Passed through the House of Commons in the Fifteen Session of the Imperial Diet.

 

AYE

Barclay

d’Aryn

Gray

Károly

May

Elendil

Stafyr

Basrid

Adler

Baruch

Pruvia

Károly

Napier

 

ABSENT

Ruthern

 

An act for the restoration of infractions, misdemeanors, felonies, and treason in the Oren Revised Code.

 

INTRODUCTION

 

The reforms of Solicitor-General Bohemond de Leumont which abolished the ancient classifications of crimes and reclassified them into classes such as “Class P, Class E, Class V” has been a cause for confusion in both the judiciary and in the layman's understanding of law. Certain categories of crime such as those against faith and decency do not fit neatly into these classifications, and arbitrary metrics have had to be used in order to ease them (such as defining them as economic crimes, or violent crimes.)

 

It is the opinion of the Solicitor-General Joseph Adler MHC that a restoration of the ancient classification of offenses and their punishments is in order for the sake of regularity in the practice of law.

 

SECTION I: ON OFFENSES AND THEIR SEVERITY

Amendments to CH 201 ORC.

 

201.04 - Of the offenses enumerated herein, each is assigned specific punishment according to its severity, of which that exists four, and which the plaintiff evaluates and chooses the appropriate sentence, and the magistrate orders at his discretion. The applicable sanction for each crime is recorded within the table the crime is located. The assigned classes of punishments are:

 

201.041 - Infractions, of least severity, include the appropriated sentences: monetary fine up to two thousand mina, disbarring from public office for up to two annum, confinement to prison for up to two annum, banishment up to two annum, conscription up to five annum, designated service to faith up to five annum, flogging up to fifteen lashes, birching up to fifteen lashes, pillory up to one hour, branding by hot iron on the chest or buttocks.

 

201.042 - Misdemeanors, of middling severity, include the appropriated sentences: monetary fine up to fifteen thousand mina, disbarring from public office for up to ten annum, confinement to prison for up to ten annum, banishment up to ten annum, conscription up to twenty annum, designated service to faith up to twenty annum, flogging up to thirty lashes, birching up to thirty lashes, pillory up to three hours, branding by hot iron on a limb, chest, or buttocks.

 

201.043 - Felonies, of great severity, include the appropriated sentences: monetary fine up to fifty thousand mina, disbarring from public office for up to a lifetime, confinement to prison for up to a lifetime, banishment up to a lifetime, conscription up to a lifetime, designated service to faith up to a lifetime, flogging up to sixty lashes, birching up to sixty lashes, pillory up to three hours, branding by hot iron on a limb, chest, buttocks, or face, execution by hanging.

 

201.044 - Treason, of intolerable severity, includes the appropriated sentences: execution by hanging, execution by crossbow or arbalest if offender is an enlisted soldier, attainder.

 

SECTION II: INJURY AGAINST THE PERSON

Amendments to CH 202 ORC.

 

202.01 - On Physical Violence

202.011 - Where an individual intentionally commits upon another an act of violence which brings about no incapacitation or lasting injury, this shall be violence of the third degree, an infraction.

202.012 - Where an individual intentionally commits upon another an act of violence which brings about lasting but not permanent injury, incapacitates for any length of time, or utilizes a dangerous weapon, this shall be violence of the second degree, a misdemeanor.

202.013 - Where an individual intentionally commits upon another an act of violence which brings about permanent injury, this shall be violence of the first degree, a felony.

202.014 - Where an individual unintentionally commits upon another an act of violence which brings any form of injury, such as from a verbal argument or unpremeditated events, this shall be battery, a misdemeanor.

202.015 - Injuries sustained during tournaments and consensual acts (such as duels) are not illegal.

202.02 - On Murder

202.021 - Where an individual intentionally commits such an an act of violence upon another which brings about their death, with no premeditation of the act and under such circumstances as a reasonable person would be incited to fatal violence, this shall be murder of the third degree, a felony.

202.022 - Where an individual intentionally commits such an act of violence upon another which brings about their death, with no premeditation, this shall be a murder of the second degree, a felony.

202.023 - Where an individual intentionally and with premeditation causes the death of another, this shall be murder of the first degree, a felony.

202.03 - On Manslaughter

202.031 - Where an individual unintentionally but negligently commits such an act that brings about the death of another, this shall be manslaughter, a misdemeanor.

202.04 - On Mutilation

202.041 - Where an individual intentionally or negligently commits such an act as to bring about the superficial disfigurement of another, or the removal of a single digit, this shall be mutilation in the third degree, a misdemeanor.

202.042 - Where an individual intentionally or negligently commits such an act as to bring about the crippling disfigurement of another, or the removal of multiple digits, this shall be mutilation in the second degree, a felony.

202.043 - Where an individual intentionally or negligently commits such an act as to bring about the dismemberment of another, the destruction of an eye, castration, or other irreparable loss of an appendage or organ, this shall be mutilation in the first degree, a felony.

202.044 - If an injury has affected the victim’s appearance or senses, but mutilation could not be proven as the motive behind the causing of injury, the perpetrator will have caused an injury (see ORC202.01) and would not have been mutilated.

202.045 - Shearing Act (1752): Imposing, threatening, or engaging in the clipping of ears towards an Elf is illegal.

202.05 - On Kidnapping

202.051 - Where an individual intentionally abducts, restrains, or confines another individual against their will without physical harm or endangerment of the victim, this shall be kidnapping in the second degree, a misdemeanor.

202.052 - Where an individual intentionally abducts, restrains, or confines another individual against their will, and in the course of this brings about physical harm or endangerment of the victim, this shall be kidnapping in the first degree, a felony.

202.07 - On Defamation

202.061 - Where an individual knowingly disseminates false information about an individual, without intent to harm the reputation of that individual, this shall be defamation in the third degree, an infraction.

202.062 - Where an individual knowingly disseminates false information about an individual, with intent to harm the reputation of that individual, this shall be defamation in the second degree, an infraction.

202.063 - Where an individual knowingly disseminates false information about an individual, with intent to harm the reputation of that individual, in a public space or by distribution of printed materials, this shall be defamation in the first degree, a misdemeanor.

202.08 - On Impersonation

202.071 - Where an individual intentionally assumes the identity of another individual for any purpose except the carrying out of high treason, this shall be impersonation in the second degree, an infraction.

202.072 - Where an individual intentionally assumes the identity of another individual in order to carry out high treason, this shall be impersonation in the first degree, a felony.

202.073 - Medical Validation Act (1738): Impersonating a doctor shall fall under ORC202.071.

202.09 - Criminal Justice Reform Act (1746): On Torture and Cruel and Unusual Punishment

202.091 - Where an individual intentionally afflicts another with injury for revenge or coercion of one party to another, this shall be torture, a misdemeanor.

202.092 - Where an individual sustains the imprisonment of an individual who is below the age of majority, this shall be minor imprisonment, a misdemeanor.

202.093 - Where an individual is held against their will exceeding the lifespan of the individual in question, this shall be involuntary servitude, a misdemeanor.

202.094 - Uses of torture and enhanced interrogation may only be employed with an expressed written and signed writ from an Imperial magistrate in a court of law. The provision of this amendment and due process for the permission of torture by a court of law shall be waived for those deemed as enemy combatants of the Holy Orenian Empire.

202.10 - Medical Validation Act (1738): On Malpractice

202.101 - Where an individual knowingly mistreats or denies necessary care to a patient to a point of small or moderate damage, this shall be defined as malpractice in the third degree, an infraction.

202.102 - Where an individual knowingly mistreats or denies necessary care to a patient to a point of great damage, this shall be defined as malpractice in the second degree, a misdemeanor.

202.103 - If an individual knowlingly mistreats or denies necessary care to a patient to the point of death, this shall be treated as murder. (see ORC202.02)

 

SECTION III: INJURY AGAINST PROPERTY

AMENDMENTS TO CH 203 ORC.

203.01 - On Theft

203.011 - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than two hundred minas but less than one thousand minas in value, this shall be theft in the third degree, an infraction.

203.012 - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than one thousand minas but less than ten thousand minas in value, this shall be theft in the second degree, a misdemeanor.

203.013 - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than ten thousand minas in value, this shall be theft in the first degree, a felony.

203.02 - On Burglary

203.021 - Where an individual unlawfully enters a property with intent to commit a nonviolent crime, this shall be burglary in the second degree, an infraction.

203.022 - Where an individual unlawfully enters a property with intent to commit a violent crime, this shall be burglary in the first degree, a misdemeanor.

203.03 - On Robbery

203.031 - Where an individual intentionally deprives an owner of his moveable property through violence or threat of violence, and this property is of small or moderate amounts, this shall be robbery in the second degree, a misdemeanor.

203.032 - Where an individual intentionally deprives an owner of his moveable property through violence or threat of violence, and this property is of great amounts, this shall be theft in the first degree, a felony.

203.04 - On Vandalism

203.041 - Where an individual intentionally or negligently damages or defaces the property of another, and this damage is of small or moderate amounts, this shall be vandalism in the second degree, an infraction.

203.042 - Where an individual intentionally or negligently damages or defaces the property of another, and this damage is of great amounts, this shall be vandalism in the first degree, a misdemeanor.

203.05 - On Arson

203.051 - Where an individual intentionally or negligently damages or defaces the property of another through fire, and this damage is of small or moderate amounts, this shall be arson in the second degree, an infraction.

203.052 - Where an individual intentionally or negligently damages or defaces the property of another through fire, and this damage is of great amounts, this shall be vandalism in the first degree, a misdemeanor.

203.06 - On Trespassing

203.061 - Where an individual intentionally enters the property of another which a reasonable person would consider to be restricted, this shall be trespassing, an infraction.

203.07 - On Poaching

203.071 - Where an individual intentionally or negligently hunts a beast or bird within the borders of a reserved wood, this shall be poaching, an infraction.

 

SECTION IV: INJURY AGAINST THE STATE

AMENDMENTS TO CH 204 ORC.

204.01 - Treason and Sedition Act (1751) : On Treason

Where an individual commits acts with the intent to compromise the integrity of the Crown and its constituent institutions by waging insurrection and seeking the destruction of the Imperial State by impugning the character and person of the Crown through subversive means such as collusion with enemy entities and actors against the State, this shall be the crime of treason.

204.01A - Treason and Sedition Act (1751) : On Petty Treason

Where an individual sows divisions through the active propagation of malicious rhetoric, manifestos, ideologies, and other devices with the intent to dissuade the conscience of the society from the State, this shall be the crime of petty treason, charged with the crime of treason.

204.02 - Treason and Sedition Act (1751): On Sedition

Where an individual intention to bring into hatred or contempt, or to incite disaffection against the person of His Majesty, his heirs or successors, or the government and constitution of the Holy Orenian Empire, as by law established, or the Senate, or the administration of justice, or to excite His Majesty's subjects to attempt otherwise than by lawful means, the alteration of any matter in Church or State by law established, or to incite any person to commit any crime in disturbance of the peace, or to raise discontent or disaffection amongst His Majesty's subjects, or to promote feelings of ill-will and hostility between different classes of such subjects, this shall be the crime of sedition, charged with the crime of treason.

204.03 - On Contraband

204.031 - Where an individual knowingly possesses illegal substances, literature, or items, this shall be the crime of possession of contraband in the third degree, an infraction.

204.032 - Where an individual knowingly sells, markets, purchases, or transfers ownership of illegal substances, literature, or items,  this shall be the crime of possession of contraband in the second degree, a misdemeanor.

204.033 - Where an individual knowingly manufactures illegal substances, literature, or items, this shall be the crime of possession of contraband in the first degree, a felony.

204.04 - On Obstruction

204.041 - Where an individual interferes with, obstructs the progress of, or otherwise hinders government officials and prosecutors during the apprehension or investigation of a criminal or criminal activity, this shall be the crime of obstruction in the first degree, an infraction.

204.05 - On Tax Evasion

204.051 - Where an individual fails to render full payment in a timely manner for a lawfully enacted metropolitan, baronial, comital, or civil tax, this shall be the crime of tax evasion in the third degree, an infraction.

204.052 - Where an individual fails to render full payment in a timely manner for a lawfully enacted imperial, royal, ducal, or gubernatorial tax, this shall be the crime of tax evasion in the second degree, a misdemeanor.

204.053 - Where an individual fails to render full payment in a timely manner for a lawfully enacted wartime tax or mandatory tithe, this shall be the crime of tax evasion in the first degree, a felony.

204.06 - On Absconding

204.061 - Where an individual fails or intentionally avoids surrendering oneself to the custody of Imperial officials at the appropriate time, this shall be the crime of absconding, and in the case of the awaiting of trial immediately confirms guilt, dismissing the need for lawful hearing.

204.07 - On Bribery

204.071 - Where an individual persuades another to act dishonestly or otherwise, with the gift of money or other inducement, this shall be the crime of bribery, an infraction.

204.08 - On Extortion

204.081 - Where an individual intentionally threatens another individual for obtaining money, titles, or other benefits for oneself, this shall be the crime of extortion, an infraction.

204.09 - On Perjury

204.091 - Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law, this shall be perjury in the second degree, a misdemeanor.

204.092 - Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law during the course of a criminal or civil trial, this shall be perjury in the first degree, a felony.

204.093 - Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law during the course of a trial of high treason, this shall be perjury in the first degree, charged with the penalty of treason.

204.010 - On Fraud

204.0101 - Where an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or provides insufficient consideration for its completion, to the detriment of another, and this detriment is of small or moderate amounts, this shall be fraud in the second degree, an infraction.

204.0101 - Where an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or provides insufficient consideration for its completion, to the detriment of another, and this detriment is of great amounts, this shall be fraud in the first degree, a misdemeanor.

 

SECTION V: INJURY AGAINST FAITH

Amendments to CH 205 ORC.

205.01 - On Blasphemy

205.011 - Where an individual intentionally speaks sacrilegiously or in contrary to the teachings or dogma of God or the heavens, this shall be the crime of blasphemy, a misdemeanor.

205.02 - On Apostasy

205.021 - Where an individual intentionally abandons or renunciates the teachings or dogma of God or the heavens, this shall be the crime of apostasy, a misdemeanor.

205.03 - On Heresy

205.031 - Where an individual intentionally believes or partakes in false teachings or dogma of God or the heavens, this shall be the crime of heresy, a misdemeanor.

205.04 - On Atheism

205.041 - Where an individual intentionally rejects the existence of God or the heavens, this shall be the crime of atheism, a misdemeanor.

205.05 - On Evangelization of False Faiths

205.051 - Where an individual intentionally spreads and converts other individuals to the belief of a faith in contrary to that of the Canonist faith, this shall be the crime of evangelization of false faith, a misdemeanor.

205.06 - On Evangelization of Heresy

205.061 - Where an individual intentionally spreads the false belief of unorthodox and untrue dogma or teachings to other individuals, this shall be the crime of evangelization of heresy or false doctrines, a misdemeanor.

205.07 - On Devilry

205.071 - Where an individual intentionally and actively participates in the worship of demons and devils, evangelizes the worship of demons and devils, or encourages the growth of devilic cults, this shall be the crime of devilry, a felony.

 

SECTION VI: INJURY AGAINST MORALITY

Amendments to CH 206 ORC.

206.01 - On Indecency

206.011 - Where an individual intentionally and deliberately dresses in an immoral or obscene fashion, usually in a sexual manner, this shall be the crime of indecency, an infraction.

206.02 - On Gambling

206.021 - Where an individual intentionally partakes in unsanctioned betting in games or events, usually for the reward of money or property, this shall be the crime of gambling, an infraction.

206.022 - The Ratibor Act (1759):  Individuals are permitted to partake in friendly wagers, gambling, and card games as a decriminalized act, only punishable if such endeavors reach an institutional level without proper dispensation.

206.023 - An undispensed level of gambling that would violate CH 206.02 shall be defined as an organized business promoting gambling in such a way that it inspires a spirit of immorality, indecency, and dissent among its patrons.

206.024 - Institutionalized gambling halls are exempt from CH 206.02 if granted dispensation by the local provincial authority or imperial authority, namely the relevant Lord Lieutenant, Governor-General, Lord Palatinate, or by writ of the Ministry of the Interior, or by imperial decree, in that order of authority, with the understanding that their writ dictates the establishment is one honest and in line with Orenian tradition.

206.03 - On Deviancy

206.031 - Where an individual intentionally acts in unusual or unaccepted standards, especially in social or political behavior, this shall be the crime of deviancy, an infraction.

206.04 - On Witchcraft

206.041 - Where an individual intentionally partakes and practices the dark arts, such as blood magic, or other sacrilegious activities, this shall be the crime of witchcraft, a felony.

206.05 - On Fornication

206.051 - Where an unmarried individual intentionally fornicates another individual in a public or private location, this shall be the crime of fornication, an infraction.

206.06 - On Adultery

206.061 - Where a married individual intentionally fornicates with another who is not the spouse, this shall be the crime of adultery, a misdemeanor.

206.07 - On Consanguinity

206.071 - Where an individual intentionally fornicates or has immoral relationship with one’s close family, such as with father, with mother, with siblings, or with offspring, this shall be the crime of consanguinity, a misdemeanor.

206.072 - Certain cases of consanguinity may be allowed by decree of the Holy Orenian Emperor.

206.08 - On Miscegenation

206.071 - Where an individual intentionally fornicates with one not of his race, such as man and elf or man and dwarf, this shall be the crime of miscegenation, a misdemeanor.

 

SECTION VII: INJURY AGAINST ORDER

AMENDMENTS TO CH 207 ORC.

207.01 - On Vagrancy

207.011 - Where an individual intentionally lives the life of a vagrant, participating in improper begging, and illegally staying in residences and towns, this shall be the crime of vagrancy, a misdemeanor.

207.02 - On Loitering

207.021 - Where an individual intentionally travels indolently and pauses frequently for socialization in order to disrupt trade, commerce, or business, this shall be the crime of loitering, an infraction.

207.03 - On Concealment of Identity

207.031 - Where an individual intentionally conceals or hides oneself’s identity to an agent of the law, this shall be the crime of concealing one’s identity, an infraction.

207.04 - On Vigilantism

207.041 - Where an individual intentionally apprehends, convicts, or punishes another individual of a crime but is not an agent of the law or given permission by the Imperial Office, this shall be the crime of vigilantism, an infraction.

207.05 - On Disturbing the Peace

207.051 - Where an individual intentionally and deliberately hinders or interrupts the common peace by embellished performance or immoral behavior, this shall be the crime of disturbing the peace, an infraction.

 

SECTION VIII: INJURY AGAINST THE IMPERIAL OFFICE

AMENDMENTS TO CH 208 ORC.

208.01 - On Injured Majesty

208.011 - Where an individual intentionally and deliberately defames the Imperial Office or Imperial House, this shall be injured majesty, a felony.

208.02 - On Harmed Majesty

208.021 - Where an individual unintentionally physically harms a member of the Imperial Office or Imperial House, this shall be harmed majesty in the second degree, a felony.

208.022 - Where an individual intentionally physically harms a member of the Imperial Office or Imperial House, this shall be harmed majesty in the first degree, charged with the punishment of treason.

208.03 - On Imperial Homicide

208.031 - Where an individual intentionally or unintentionally murders a member of the Imperial Office or Imperial House, this shall be the crime of Imperial Homicide, charged with the punishment of treason.

 

Introduced by Joseph Adler MHC on 10 Horen’s Calling, 1767..

 

Issued and proclaimed,

Peter III, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, King-Elect of Kaedrin, Prince of Malinor, Grand Duke of Ves, Duke of Lorraine and Roden, Baron of Sedan, Vitzburg and Sedai, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.

[Flapman 625]

Wilhelm raises his thumb in approval of this act