AN OFFICIAL DOCUMENT BY THE NUSKSLAVIA ASCENDANCY GOVERNMENT

Criminal Code & Procedure

Criminal Code and Procedure of Nuskslavia
Enforced by the Commissariat of Justice
ARTICLE I. Short title The short title of this Act is the “Criminal Code and Procedure of The Nusk Ascendancy”. ARTICLE II. Severability If any provision of this Act or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. ARTICLE III. Table of contents The table of contents of this Act is shown above. TITLE I — CRIMINAL CODE AND PROCEDURE CHAPTER I — GENERAL PROVISIONS ARTICLE 100.1 Maximum penalties Any criminal penalty is the maximum penalty, unless otherwise stated. ARTICLE 100.2 Attempts and conspiracy Any person who attempts or conspires to commit any offense shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ARTICLE 100.3 Principals (a) Definition. Whoever commits an offense against The Nusk Ascendancy or aids, abets, counsels, commands, induces, solicits, or procures its commission, is punishable as a principal. (b) Defense. (1) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. (2) A renunciation is not voluntary and complete if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. (c) Nondefense. It is not a defense to a prosecution under this section that the person solicited could not be convicted of the offense solicited. ARTICLE 100.4 Accessory after the fact (a) Definition. Whoever, knowing that an offense against The Nusk Ascendancy has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact (b) Penalty. An accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 14 days. ARTICLE 100.5 Affirmative defenses (a) Burden of proof. The defendant has the burden of proof to prove an affirmative defense by a preponderance of the evidence. (b) General affirmative defenses. The following are affirmative defenses against any offense against The Nusk Ascendancy, unless otherwise explicitly stated: (1) Duress. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the unlawful conduct because he was coerced to do so by another person, which a similarly situated reasonable person would have been unable to resist. (2) Entrapment. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the unlawful conduct because he was induced or encouraged to do so by a public official , or by a person acting in cooperation with a public servant, seeking to obtain evidence against him for purpose of criminal prosecution, and when the methods used to obtain such evidence were such as to create a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. (3) Execution of public duty. In any prosecution for an offense, it is an affirmative defense that the conduct constituting the offense was necessary and required or authorized by law or by the order of a court, or was performed out of necessity by a public official in the reasonable exercise of his official powers, duties or functions. (4) Necessity. In any prosecution for an offense, it is an affirmative defense that the conduct constituting the offense was necessary as an emergency measure to avoid an imminent public or private injury which— (A) was about to occur by reason of a situation occasioned or developed through no fault of the actor; and (B) is of such gravity that the desirability and urgency of avoiding such injury clearly and reasonably outweigh the injury caused by the conduct constituting the offense. PART 101—DISORDERLY CONDUCT ARTICLE VII Breach of the peace (a) Offense. A person who— (1) through the excessive use of bots or other automated accounts, disrupts or disturbs others; or (2) pings a substantial amount of people, is guilty of a class C misdemeanor. (b) Affirmative defenses. It is an affirmative defense in a prosecution for an offense under— (1) subsection (a)(1) that the conduct occurred in a channel specifically designated to allow the use of commands. (2) subsection (a)(2) that the conduct was necessary to perform an official function. ARTICLE VIII Spam (a) Offense. A person who spams in a manner which substantially disrupts, disturbs, hinders or prevents conversation, discussion, or debate, is guilty of an infraction. (b) Affirmative defense. In a prosecution for an offense under this section, it is an affirmative defense that the conduct occurred in a channel specifically designated to allow spam. (c) Definition of “spam”. As used in this section, the term “spam” means sending text or images, or both, in a rapid succession. ARTICLE IX Obstructing an official proceeding Whoever corruptly obstructs, influences, or impedes any official proceeding, is guilty of a class B misdemeanor. ARTICLE X Riots (a) Rioting. Whoever— (1) incites; (2) organizes, promotes, encourages, participates in, or carries on; (3) commits any offense in furtherance of a riot; (4) aids or abets any person in inciting or participating in or carrying on; or (5) aids or abets any person in committing any offense in furtherance of, a riot, is guilty of a class A misdemeanor. (b) Definitions. As used in this section, the term— (1) “riot” means a public disturbance involving an offense or offenses by one or more persons part of an assemblage of three or more persons; and (2) “incites”, or “organizes, promotes, encourages, participates in, or carries on”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written— (A) advocacy of ideas; or (B) expression of belief, not involving advocacy of any offense. ARTICLE XI Incestuous marriage Whoever knowingly marries their— (1) father or mother; (2) grandfather or grandmother; (3) son or daughter; (4) grandson or granddaughter; (5) brother or sister; (6) stepfather or stepmother; (7) grandfather's or grandmother's spouse; (8) son's or daughter's spouse; (9) grandson's or granddaughter's spouse; (10) husband's or wife's grandfather or grandmother; (11) husband’s or wife’s son or daughter; (12) husband’s or wife’s grandson or granddaughter; (13) brother’s or sister’s son or daughter; (14) father's or mother’s brother or sister; or (15) cousin, is guilty of a class C misdemeanor. ARTICLE XII Enabling incestuous relationship (a) Whoever enables incestuous relationships on any marriage bot, is guilty of a class A misdemeanor. (b) As used in this section, the term “marriage bot” means any bot or other automated account able to conduct, host, recognize, or record marriages, including Marriagebot Gold. PART 102—THEFT AND EMBEZZLEMENT ARTICLE XIII Theft Whoever— (1) takes, with the intent to steal, any property, including by use of any bot or other automated account, and the value of such property in the aggregate— (A) does not exceed the sum of ☾₽1,000, is guilty of an infraction; (B) exceeds the sum of ☾₽1,000, but does not exceed the sum of ☾₽2,500, is guilty of a class C misdemeanor; (C) exceeds the sum of ☾₽2,500, but does not exceed the sum of ☾₽5,000, is guilty of a class B misdemeanor; or (D) exceeds the sum of ☾₽5,000, is guilty of a class A misdemeanor; or (2) attempts to take, with the intent to steal, any property, including by use of any bot or other automated account, is guilty of a class C misdemeanor. ARTICLE XIV Embezzlement Whoever unlawfully embezzles and converts the property of another is guilty of, if the value of such property in the aggregate— (1) does not exceed the sum of ☾₽1,000, an infraction; (2) exceeds the sum of ☾₽1,000, but does not exceed the sum of ☾₽2,500, a class C misdemeanor; (3) exceeds the sum of ☾₽2,500, but does not exceed the sum of ☾₽5,000, a class B misdemeanor; or (4) exceeds the sum of ☾₽5,000, a class A misdemeanor. ARTICLE XV Theft and embezzlement of public funds A person who embezzles, steals, or knowingly converts, or without authority, sells, conveys or disposes of any property of The Nusk Ascendancy, is guilty of— (1) if the value of such property in the aggregate does not exceed the sum of ☾₽2,500, a class B misdemeanor; or (2) if the value of such property in the aggregate exceeds the sum of ☾₽2,500, a class A misdemeanor. (c) “The Nusk Ascendancy” defined. As used in this section, the term “The Nusk Ascendancy” includes any commissariat, agency, branch, or instrumentality thereof. PART 103—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES ARTICLE XVI Treason A person who owing allegiance to The Nusk Ascendancy, levies war against them or adheres to their enemies, giving them aid and comfort within The Nusk Ascendancy or elsewhere, is guilty of a class A felony, and shall suffer death, or shall be imprisoned for life. ARTICLE XVII Misprision of treason (a) Whoever, owing allegiance to The Nusk Ascendancy, and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the Premier Chancellor, Commissar of Justice, or any Okhrana Officer of The Nusk Ascendancy, is guilty of a class C felony. (b) As used in this section, the term “Okhrana Officer” means any officer of the Commissariat of Security, any Nusk Ascendancy attorney, or any other officer of The Nusk Ascendancy Government with authorization to prosecute or make arrests for offenses against state law. ARTICLE XVIII Insurrection (a) A person who— (1) incites; (2) sets on foot; (3) assists; or (4) engages in, any rebellion or insurrection against the authority of The Nusk Ascendancy or the laws thereof, or gives aid or comfort thereto, is guilty of a class C felony. (b) As used in this section, the term ”rebellion or insurrection” means any deliberate and organized resistance, by force. ARTICLE XIX Seditious conspiracy If two or more persons in any Republic, Administrative Republic, Autonomous Republic, Oblast, Okrug, Krai, or in any place subject to the jurisdiction of The Nusk Ascendancy, conspire to— (1) overthrow, put down, or to destroy; or (2) levy war against, the state government of The Nusk Ascendancy, they shall each be guilty of a class B felony. ARTICLE XX Enlistment to serve against The Nusk Ascendancy Whoever enlists or accepts a commission, with intent to serve in war against The Nusk Ascendancy, is guilty of a class C felony. ARTICLE XXI Recruiting for service against The Nusk Ascendancy Whoever recruits persons within The Nusk Ascendancy, or in any place subject to the jurisdiction thereof, to engage in war against the same, is guilty of a class C felony. PART 104—ESPIONAGE ARTICLE XXII Espionage (a) Whoever with intent or reason to believe that it is to be used to the injury of The Nusk Ascendancy or to the advantage of a foreign nation, gathers, communicates, delivers, or transmits to any foreign government, either directly or indirectly, any information is guilty of a class C felony. (b) As used in this section, the term— (1) “foreign government” includes any faction or party or military force within a foreign country, whether recognized or unrecognized by The Nusk Ascendancy, or to any representative, officer, agent, employee, subject, or citizen thereof; and (2) “information” includes any— (A) video or audio recording or information stored through other electronic means; or (B) document, record, material, file, report, memorandum, policy, procedure, writing, plan, or other such things. ARTICLE XXIII Disclosure of classified information (a) Offense. Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of The Nusk Ascendancy or for the benefit of any foreign government to the detriment of The Nusk Ascendancy any classified information is guilty of a class C felony. (b) Definitions. (1) As used in this section, the term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a state agency for limited or restricted dissemination or distribution pursuant to law; (2) As used in paragraph (1), the term “information” has the same meaning as in section 104.1(b)(2). PART 105—FOREIGN RELATIONS ARTICLE XXIV Unauthorized correspondence with foreign governments Any citizen of The Nusk Ascendancy, who, without authority of The Nusk Ascendancy, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with The Nusk Ascendancy, or to defeat the measures of The Nusk Ascendancy, is guilty of a class C felony. ARTICLE XXV Commission to serve against friendly nation Whoever enlists or accepts a commission, and exercises such, to serve a foreign government against any nation with whom The Nusk Ascendancy is at peace, is guilty of a class A misdemeanor. PART 106—BRIBERY AND GRAFT ARTICLE XXVI Bribery of public official A person who— (1) directly or indirectly, corruptly (A) gives, offers or promises anything of value to any public official, or person who has been selected to be a public official; or (B) offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent to— (i) influence any official act; (ii) influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on The Nusk Ascendancy; or (iii) induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person; or (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for being— (A) influenced in the performance of any official act; (B) influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on The Nusk Ascendancy; or (C) induced to do or omit to do any act in violation of the official duty of such official or person, is guilty of a class A misdemeanor. ARTICLE XXVII Bribery of a witness Whoever— (1) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of a witness upon a trial, hearing, or other proceeding, before any court, any committee of Parliament, or any agency, commission, or officer authorized by law to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; or (2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom, is guilty of a class A misdemeanor. ARTICLE XXVIII Offer to procure appointive public office Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office under The Nusk Ascendancy for any person, is guilty of a class B misdemeanor. ARTICLE XXIX Acceptance or solicitation to obtain appointive public office Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office under The Nusk Ascendancy, is guilty of a class B misdemeanor. PART 107—TERMS OF SERVICE AND OBSCENITY ARTICLE XXX Definitions When used in this part: (1) Obscene. The term “obscene” means anything that— (A) an average person, applying contemporary community standards would find, as a whole, to appeal to the prurient interest; and (B) depicts or describes sexual conduct. (2) Community Guidelines. The term “Community Guidelines” means the community guidelines and rules prescribed by Discord Inc., and that are found at https://discord.com/guidelines. (3) Terms of Service. The term” Terms of Service” means the terms of service for Discord, prescribed by Discord Inc., and that are found at https://discord.com/terms. ARTICLE XXXI Unlawful publication of 'not safe for work' content (a) Class A felony. A person who posts any content that is inordinately obscene, or offensive gore, mutilation of humans or animals, extreme violence, or otherwise inordinately frightening and offensive content, or a link to such content, is guilty of a class A felony and shall suffer death. (b) Class B felony. A person who posts any content that is obscene, or a link to such content, outside of a designated 'not safe for work' channel, is guilty of a class B felony. ARTICLE XXXII Violation of the Terms of Service (a) Class A felony. Any person who violates point— (1) 2; (2) 3; (3) 5; (4) 6; (5) 8; (6) 9; (7) 10; (8) 12; (9) 20; (10) 21; (11) 22; (12) 25; or (13) 27, insofar as it relates to crimes directly related to the health and welfare of people, of the Community Guidelines, is guilty of a class A felony, and shall suffer death, or be imprisoned not less than fourteen days. (b) Class C felony. Any person who violates point— (1) 1; (2) 4; (3) 11; (4) 13; or (5) 24, of the Community Guidelines, is guilty of a class C felony.. (c) Class A misdemeanor. Any person who violates the Community Guidelines or Terms of Service which shall not constitute an offense under subsections (a) or (b), is guilty of a class A misdemeanor. PART 108—UNLAWFUL ADVERTISING ARTICLE XXXIII In-server advertising A person who posts an invite to a foreign server not made in partnership with, or that is not under the jurisdiction of or directly affiliated with, The Nusk Ascendancy, is guilty of a class C misdemeanor. ARTICLE XXXIV Direct message advertising (a) A person who posts an invite to a foreign server not made in partnership with, or that is not under the jurisdiction of or directly affiliated with, The Nusk Ascendancy in a citizen's direct messages, is guilty of a class C misdemeanor. (b) In a prosecution for an offense under this section, it is an affirmative defense that contact was not made through The Nusk Ascendancy or a server under the jurisdiction thereof. PART 109—CRIMINAL MISCHIEF ARTICLE XXXV Destruction of private property Whoever injures or commits any depredation against any real property of a private person or corporation, is guilty of a class B misdemeanor. ARTICLE XXXVI Destruction of government property Whoever injures or commits any depredation against any real property of The Nusk Ascendancy, or of any commissariat, agency, branch, or instrumentality thereof, is guilty of a class A misdemeanor. ARTICLE XXXVII Breaking and entering A person who uses permissions, or other such instrument, to gain access to a restricted channel to obtain any— (1) property of any kind; or (2) information, including images, links, documents, records, or reports. is guilty of a class C misdemeanor. PART 110—TERRORISM ARTICLE XXXVIII Use of weapon of mass destruction Whoever deletes or renders the Discord server of The Nusk Ascendancy unusable or significantly impaired through the unauthorized or unlawful use of administrative permissions, is guilty of a class A felony, and shall suffer death, or shall be imprisoned not more than twenty-one, but not less than seven days. ARTICLE XXXIX Destruction of place of national importance (a) Whoever deletes a channel that has been designated by agency rule, executive order, or law as a place of national importance, is guilty of a class C felony. (b) Notwithstanding any agency rule or executive order, the following places and channels are designated as places of national importance: (1) All channels recognized with “National Importance”. (2) The capital. ARTICLE XL Mass destruction of government property Whoever unlawfully deletes two or more channels being property of the state government, is guilty of a class C felony. ARTICLE XLI Involvement in a terrorist organization Whoever is a representative, agent, officer, or member of a lawfully designated foreign terrorist organization, or counsels, abets, aids, or provides assistance to such an organization, is guilty of a class A misdemeanor. PART 111—PERJURY ARTICLE XLII Perjury Whoever— (1) having lawfully taken an oath before a competent court, agency, officer, or person, that— (A) he will testify, declare, depose, or certify truly; or (B) any written testimony, declaration, or deposition, by him subscribed, is true, states or subscribes any material matter which he does not believe to be true; or (2) in any declaration or statement made under penalty of perjury as permitted by law, willfully subscribes as true any material matter which he does not believe to be true, is guilty of a class A misdemeanor. ARTICLE XLIII Subornation of perjury Whoever procures or induces another to commit any perjury, is guilty of a class A misdemeanor. PART 112—OBSTRUCTION OF JUSTICE ARTICLE XLIV Influencing officer Whoever influences, intimidates, or impedes— (1) any officer in or of any court of The Nusk Ascendancy, or officer who may be serving at any examination or other proceeding before any Nation; or (2) the due administration of justice, is guilty of a class B misdemeanor. ARTICLE XLV Obstruction of court order Whoever prevents, obstructs, impedes, or interferes with the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of The Nusk Ascendancy, is guilty of a class C misdemeanor. ARTICLE XLVI Obstruction of criminal investigation Whoever willfully obstructs, delays, or prevents a criminal investigation of The Nusk Ascendancy, is guilty of a class C misdemeanor. ARTICLE XLVII Tampering with a witness Whoever— (1) influences, prevents or delays the testimony of any person in an official proceeding; (2) intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from testifying in an official proceeding; or (3) causes or induces any person to withhold testimony, is guilty of a class B misdemeanor. ARTICLE XLVIII Tampering with evidence Whoever— (1) alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, message, document, or object with the intent to— (A) impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any commissariat or agency of The Nusk Ascendancy; or (B) impair the object's integrity or availability for use in an official proceeding; or (2) causes or induces any person to commit any such act, is guilty of a class B misdemeanor. ARTICLE XLIX Obstruction of justice Whoever— (1) prevents the production of a record, document, or other object, in an official proceeding; (2) prevents the communication by any person to a Okhrana Officer or judge of The Nusk Ascendancy of information relating to the commission or possible commission of a state offense or a violation of conditions of probation, parole, or release pending judicial proceedings; (3) intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— (A) reporting to a Okhrana Officer or judge of The Nusk Ascendancy the commission or possible commission of a state offense or a violation of conditions of probation  supervised release, parole, or release pending judicial proceedings; (B) arresting or seeking the arrest of another person in connection with a state offense; or (C) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or (4) corruptly causes or induces any person to— (A) be absent from an official proceeding to which that person has been summoned by legal process; (B) hinder, delay, or prevent the communication to a Okhrana Officer or judge of The Nusk Ascendancy of information relating to the commission or possible commission of a state offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; (C) not perform the arrest of another person in connection with a state offense; or (D) not cause a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assist in such prosecution or proceeding, is guilty of a class B misdemeanor. ARTICLE L Retaliating against a witness Whoever commits an offense of The Nusk Ascendancy with intent to retaliate against any person for— (1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or (2) providing to a Okhrana Officer any information relating to the commission or possible commission of a state offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings, is guilty of a class A misdemeanor. PART 113—FUGITIVES FROM JUSTICE ARTICLE LI Evading custody A person who escapes or attempts to escape from lawful custody, is guilty of a class C misdemeanor. ARTICLE LII Evading prosecution A person who departs The Nusk Ascendancy to avoid prosecution, is guilty of a class C misdemeanor. PART 114—FALSE PERSONATION ARTICLE LIII Impersonating officer or employee of The Nusk Ascendancy Whoever falsely pretends to be an officer or employee acting under the authority of The Nusk Ascendancy or any commissariat, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money or thing of value, is guilty of a class B misdemeanor. ARTICLE LIV Impersonating foreign diplomats, consuls or officers Whoever, with intent to defraud within The Nusk Ascendancy, falsely pretends to be a diplomatic, consular or other official of a foreign government to The Nusk Ascendancy and acts as such, or in such pretended character, demands or obtains or attempts to obtain any money or other thing of value, is guilty of a class B misdemeanor. PART 115—EXTORTION ARTICLE LV Extortion by officers or employees of The Nusk Ascendancy Whoever, being an officer, or employee of The Nusk Ascendancy or any commissariat or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, is guilty of a class B misdemeanor. ARTICLE LVI Blackmail Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of The Nusk Ascendancy, demands or receives any money or other valuable thing, is guilty of a class B misdemeanor. ARTICLE LVII Threatening use of personal information (a) A person who corruptly uses or publishes or depicts, directly or indirectly, information concerning another person without their express permission, is guilty of a class B felony. (b) As used in this section, the term “information concerning another person” includes real names, social media accounts, occupation, physical location other than country, or physical specific address. PART 116—ELECTIONS ARTICLE LVIII Election fraud A person who— (1) defrauds or interferes with the candidacy or voting process by— (A) obstructing, preventing, or otherwise hindering a candidate, or an employee of that candidate, from posting political advertisements, statements or other communications made in conjunction with that person's campaign; (B) preventing, or otherwise hindering a person from— (i) declaring a candidacy to an election; or (ii) voting in an election, or confirming a vote; (C) using an alternate account to vote or run in an election; (D) casting a false or fraudulent ballot; (E) using a deceptious scheme or artifice to procure a vote for a person or political party; or (2) gives, solicits, offers, or receives any valuable item intended to influence the vote of a person, is guilty of a class A misdemeanor. ARTICLE LIX Canvassing (a) Canvassing. (1) By non-candidate. Whoever, not being a candidate to an election, canvasses or otherwise influences someone to vote for a specific candidate in that election, or causes or induces another person to commit any such act, is guilty of a class C misdemeanor. (2) By candidate. Whoever, being a candidate to an election, canvasses or otherwise influences someone to vote for a specific candidate in that election, or causes or induces another person to commit any such act, is guilty of a class C misdemeanor, and shall be disqualified from the ongoing or next state election, whichever is closer in time. (b) Definitions. As used in this section, the term— (1) “canvassing” means soliciting a voter using direct messages or a foreign server to cast their vote for a specific person or party; and (2) “foreign server” means a server not under the authority of, or directly affiliated with, The Nusk Ascendancy. (c) Exceptions. This section does not apply to votes in Parliament. ARTICLE LX Voter importation (a) Whoever invites three or more persons to The Nusk Ascendancy on one occasion, for the purpose of procuring votes for a specific candidate in a state election, is guilty of a class B misdemeanor, and, being a candidate for elective office, shall be disqualified from the ongoing or next state election, whichever is closer in time. (b) Any votes cast as a result of an offense under this section are invalid. PART 117—TAXATION ARTICLE LXI Tax enforcement A person who willfully attempts in any manner to enforce or accept any tax imposed by any officer or employee of The Nusk Ascendancy, or the payment thereof, and such payment— (1) does not exceed ☾₽5,000, is guilty of a class C misdemeanor; or (2) exceeds ☾₽5,000, is guilty of a class B misdemeanor. ARTICLE LXII Tax forgery A person who willfully makes and subscribes any incorrect or false laws, acts, declarations, or other document, which contains accepting or imposing any taxes, and the amount at issue— (1) does not exceed ☾₽5,000, is guilty of a class C misdemeanor; (2) exceeds ☾₽5,000, is guilty of a class B misdemeanor. PART 118—CORRUPTION ARTICLE LXIII Use of public office for private gain An officer or employee of The Nusk Ascendancy who uses his public office for— (1) his own private gain; or (2) the private gain of friends or persons with whom the employee is affiliated in a nongovernmental capacity, is guilty of a class B misdemeanor. ARTICLE LXIV Inducement or coercion of benefits An officer or employee of The Nusk Ascendancy who uses his public office, or title, or any authority associated with his public office, in a manner that is intended to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to himself or to friends or persons with whom the employee is affiliated in a nongovernmental capacity, is guilty of a class B misdemeanor. PART 119—FRAUD AND FALSE STATEMENTS ARTICLE LXV Fraud Whoever, through a deceptive scheme or artifice or through fraud, procures or obtains any money or property, is guilty of— (1) a class C misdemeanor, if the value of such property or money does not exceed ☾₽5,000; or (2) a class B misdemeanor, if the value of such property or money exceeds ☾₽5,000. ARTICLE LXVI Fraud against The Nusk Ascendancy Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent— (1) to defraud The Nusk Ascendancy; or (2) to obtain money or property by means of false or fraudulent pretenses, representations, or promises, is guilty of a class A misdemeanor. PART 120—PRISONS ARTICLE LXVII Instigating mutiny or riot Whoever instigates, causes, or assists any riot at any state correctional or detention facility, is guilty of a class C misdemeanor. ARTICLE LXVIII Unauthorized release Whoever unlawfully and maliciously releases or causes to be released any state detainee or prisoner, is guilty of a class C misdemeanor. PART 121—COUNTERFEITING AND FORGERY ARTICLE LXIX Counterfeiting money Whoever counterfeits, fabricates or creates money, without authority provided for by law, and the value of such property in the aggregate— (1) does not exceed the sum of ☾₽1,000, is guilty of an class C misdemeanor; (2) exceeds the sum of ☾₽1,000, but does not exceed the sum of ☾₽2,500, is guilty of a class B misdemeanor; (3) exceeds the sum of ☾₽2,500, is guilty of a class A misdemeanor. ARTICLE LXX Counterfeiting state document A person who, with intent to defraud, falsely makes, forges, counterfeits, or alters a document, record, or report of any agency, officer, or instrumentality of the state government, is guilty of a class B misdemeanor. PART 122—ABUSE OF ADMINISTRATIVE PERMISSIONS ARTICLE LXXI Murder Whoever bans a person, without authorization in law, using administrative permissions or through a bot or other automated account, is guilty of a class C felony. ARTICLE LXXII Unlawful mute Whoever mutes a person, without authorization in law, using administrative permissions or through a bot or other automated account, is guilty of a class C misdemeanor. ARTICLE LXXIII Battery Whoever kicks a person, without authorization in law, using administrative permissions or through a bot or other automated account, is guilty of a class B misdemeanor. CHAPTER II—CRIMINAL PROCEDURE PART 200—SENTENCES SUBPART A—GENERAL PROVISIONS ARTICLE LXXIV Classifications of offenses An offense that is not specifically classified in the section defining it is classified, if the maximum term of imprisonment authorized is— (1) life imprisonment, or if the maximum penalty is death, as a class A felony; (2) more than eight days, but less than life, as a class B felony; (3) eight days or less, but more than six days, as a class C felony; (4) six days or less, but more than four days, as a class A misdemeanor; (5) four days or less, but more than two days, as a class B misdemeanor; (6) two days or less, but more than twenty-four hours, as a class C misdemeanor; (7) twenty-four hours or less, or if no imprisonment is authorized, as an infraction. ARTICLE LXXV Restitution (a) When authorized. In addition to any other civil or criminal penalty authorized by law, the court may order restitution. (b) Nature of order. The order of restitution under this section shall direct the defendant to pay the victim the full amount of the victim's losses. (c) Order mandatory. The issuance of a restitution order under this section is mandatory, unless the property has already been recovered, in which case restitution shall not be ordered. (d) Definitions. As used in this section, the term— (1) “full amount of the victim's losses” includes any costs incurred by the victim for— (A) lost income; (B) property stolen; and (C) any other losses suffered by the victim as a proximate result of the offense; and (2) “victim” means the individual harmed as a result of a commission of an offense. ARTICLE LXXVI Combining sentences A defendant who has been found guilty of an offense may be sentenced to any combination of such sentences as are authorized by law, including imposing a term of probation after a term of imprisonment. ARTICLE LXXVII Factors to be considered in imposing a sentence The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2). The court, in determining the particular sentence to be imposed, shall consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; and (C) to protect the public from further crimes of the defendant; (3) the kinds of sentences available; and (4) any sentencing guidelines. ARTICLE LXXVIII Authority to impose a sentence below a statutory minimum Upon motion of the government, the court shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect a defendant's substantial assistance in the investigation or prosecution of another person who has committed an offense. ARTICLE LXXIX Criminal forfeiture The court, in imposing sentence on a person convicted of an offense, shall order that the person forfeit to The Nusk Ascendancy any property derived from such offense, or any property traceable to such property; but any property subject to restitution shall not be forfeited to The Nusk Ascendancy. SUBPART B—IMPRISONMENT ARTICLE LXXX Authorized terms The authorized terms of imprisonment are, unless otherwise stated— (1) for a class A felony, life; (2) for a class B felony, not more than fourteen days; (3) for a class C felony, not more than eight days; (4) for a class A misdemeanor, not more than six days; (5) for a class B misdemeanor, not more than four days; (6) for a class C misdemeanor, not more than two days; or (7) for an infraction, not more than twenty-four hours. ARTICLE LXXXI Custody of prisoners A person who has been sentenced to a term of imprisonment shall be committed to the custody of the Commissar of the Commissariat of Security until the expiration of the term imposed. ARTICLE LXXXII Multiple terms of imprisonment (a) If multiple terms of imprisonment are imposed on a defendant at the same time, the terms may run concurrently or consecutively. (b) Multiple terms of imprisonment imposed at— (1) the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively. (2) different times run consecutively unless the court orders that the terms are to run concurrently. SUBPART C—FINES ARTICLE LXXXIII When authorized A person who has been found guilty of an offense may be sentenced to pay a fine. ARTICLE LXXXIV Authorized amounts A person who has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) for a class A felony, not more than ☾₽25,000; (3) for a class B felony, not more than ☾₽15,000; (4) for a class C felony, not more than ☾₽10,000; (5) for a class A misdemeanor, not more than ☾₽5,000; (6) for a class B misdemeanor, not more than ☾₽2,500; (7) for a class C misdemeanor, not more than ☾₽1,000; or (8) for an infraction, not more than ☾₽500. ARTICLE LXXXV Implementation of a sentence of fine The court, when imposing a sentence of fine, shall order— (1) the defendant to pay the fine to the Lunarianity Nusk Bank; or (2) the Ownership to transfer the money, if the defendant does not deposit the money into the Lunarianity Nusk Bank. ARTICLE LXXXVI Conversion of sentence of fine to imprisonment If the defendant is unable to pay a fine imposed as a sentence for an offense for which a fine is the only sentence authorized, the court may convert the fine to a term of imprisonment, unless otherwise explicitly stated SUBPART D—PROBATION ARTICLE LXXXVII Sentence of probation (a) In general. A defendant who has been found guilty of an offense may be sentenced to a term of probation unless— (1) the offense is a class A or class B felony; or (2) the offense is an offense for which probation has been expressly precluded. (b) Authorized term. The authorized term of probation is— (1) for an infraction, no more than seven days; (2) for a misdemeanor, no more than fourteen days; (3) for a class C felony, no more than twenty-one days. (c) Probation running consecutively to imprisonment. Probation may run consecutively to a term of imprisonment. ARTICLE LXXXVIII Condition of probation The court shall provide, as an explicit condition of a sentence of probation, that the defendant not commit another state offense during the term of probation. ARTICLE LXXXIX Revocation of probation If the defendant violates the condition of probation at any time prior to the expiration or termination of the term of probation, the court may, after a hearing— (1) continue him on probation, with or without extending the term, if less than the maximum authorized term was previously imposed; or (2) revoke the sentence of probation and resentence the defendant. ARTICLE XC Probation officers The Commissar of Justice may appoint officers to supervise compliance with the condition of probation. SUBPART E—DEATH ARTICLE XCI Custody; time limit A person who has been sentenced to death pursuant to the laws of The Nusk Ascendancy shall be detained until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence, or when thirty days have passed since final judgment was entered, unless such time limit is extended by The Commissar of Justice for good cause, but no extension shall be more than ninety days and the time limit may only be extended once. ARTICLE XCII Implementation of a sentence of death When the sentence is to be implemented, the Commissar of Justice shall notify the Ownership and they shall execute the sentence. PART 201—RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS SUBPART A—GENERAL PROVISIONS ARTICLE XCIII In general After the submission of a plea during arraignment, and after a hearing, the court shall issue an order that, pending further judicial proceedings, the person be— (1) released on personal recognizance or upon execution of an unsecured appearance bond, under section 201.101; (2) released on a condition or combination of conditions under section 201.102; or (3) detained under section 201.103. ARTICLE XCIV Release on personal recognizance or unsecured appearance bond The court shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a state offense during the period of release, unless the court determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. ARTICLE XCV Release on conditions (a) If the court determines that the release under section 201.101 will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, it shall order the pretrial release of the person— (1) subject to the condition that the person not commit a state offense during the period of release; and (2) subject to the least restrictive further condition, or combination of conditions, that such court determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person— (A) remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the court that the person will appear as required and will not pose a danger to the safety of any other person or the community; (B) avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense; (C) execute an agreement to forfeit upon failing to appear as required, money of a sufficient value; or (D) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community. (b) The court may at any time amend the order to impose additional or different conditions of release. ARTICLE XCVI Detention (a) If, after a hearing pursuant to the provisions of section 201.100, the court finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, it shall order the detention of the person before trial. (b) Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the court finds that there is probable cause to believe that the person committed a class B or class A felony. ARTICLE XCVII Factors to be considered The court shall, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning— (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against the person; (3) the history and characteristics of the person, including— (A) the person's character, past conduct, criminal history, and record concerning appearance at court proceedings; and (B) whether, at the time of the current offense or arrest, the person was on release pending judicial proceedings. ARTICLE XCVIII Contents of release order In a release order issued under section 201.101 or 201.102, the court shall include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct. ARTICLE XCIX Contents of detention order In a detention order issued under section 201.103, the court shall— (1) include a written statement of the reasons for the detention; and (2) direct that the person be committed to custody. ARTICLE C Presumption of innocence Nothing in this subpart shall be construed as modifying or limiting the presumption of innocence. SUBPART B—FAILURE TO APPEAR ARTICLE CI Failure to appear (a) Whoever, having been released under this part, fails to appear before a court as required by the conditions of release, is guilty of a class C misdemeanor. (b) A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense. ARTICLE CII Affirmative defense It is an affirmative defense to a prosecution under section 201.200 that uncontrollable circumstances prevented the person from appearing, and that the person appeared as soon as such circumstances ceased to exist. SUBPART C—SANCTIONS FOR VIOLATION OF A RELEASE CONDITION ARTICLE CIII Available sanctions A person, having been released under this part, who violates a condition of his release, is subject to a revocation of release, an order of detention, and contempt of court. ARTICLE CIV Revocation of release (a) The attorney for the Government may initiate a proceeding for revocation of an order of release by motion. (b) The court may issue a warrant for the arrest of a person charged with violating a condition of release. PART 202—STATUTE OF LIMITATIONS ARTICLE CV Felonies An indictment for any felony may be filed at any time without limitation. ARTICLE CVI Offenses not felonies Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any misdemeanor or infraction, unless the indictment is filed within twenty-one days of such offense having been committed. ARTICLE CVII Fugitives from justice No statute of limitations shall extend to any person fleeing from justice. PART 203—PAROLE ARTICLE CVIII Definitions As used in this part, the term— (1) "parole judge" means a judge exercising power and jurisdiction under this part; (2) “government” means the Commissar of Justice and any attorney authorized to litigate on behalf of The Nusk Ascendancy; (3) "eligible prisoner" means any state prisoner who is eligible for parole pursuant to this part or any other law; and (4) "parolee" means any eligible prisoner who has been released on parole. ARTICLE CIX Determinations of parole A judge of the Court, who is not the judge who entered a sentence of imprisonment for an eligible prisoner, may, upon the motion of the government or upon the motion of an eligible prisoner— (1) grant or deny an application to parole any eligible prisoner; (2) impose reasonable conditions on an order granting parole; and (3) modify or revoke an order paroling any eligible prisoner. ARTICLE CX Time of eligibility for release on parole; term (a) Whenever confined and serving a definite term or terms of— (1) nine or more days, a prisoner shall be eligible for release on parole after serving one-third of such term or terms; or (2) life imprisonment, a prisoner shall be eligible for release on parole after serving seven days, except to the extent otherwise provided by law. (b) The term of parole shall constitute the remainder of the eligible prisoner's sentence, or, in the case that the eligible prisoner is sentenced to life imprisonment, twenty-one days. ARTICLE CXI Parole determination criteria (a) If the parole judge, upon consideration of the nature and circumstances of the offense and the history and characteristics of the prisoner, including his conduct in the correctional facility in which he has been held, determines— (1) that release would not depreciate the seriousness of his offense or promote disrespect for the law; and (2) that release would not jeopardize the public welfare, such prisoner shall be released on parole. (b) If parole is denied such notice shall state with particularity the reasons for such denial. ARTICLE CXII Conditions of parole (a) In every case, the parole judge shall impose as a condition of parole that the parolee not commit another state crime. The parole judge may impose or modify other conditions of parole to the extent that such conditions are reasonably related to— (1) the nature and circumstances of the offense; and (2) the history and characteristics of the parolee, and may provide for such supervision and other limitations as are reasonable to protect the public welfare. (b) The conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a statement setting forth the conditions of his parole. An effort shall be made to make certain that the parolee understands the conditions of his parole. ARTICLE CXIII Warrant for retaking of parolee (a) If any parolee is alleged to have violated his parole, the parole judge may, upon the motion of the government or upon his own motion, issue a warrant and retake the parolee as provided in this section. (c) Any warrant issued pursuant to this section shall provide the parolee with written notice of the conditions of parole he is alleged to have violated. ARTICLE CXIV Revocation of parole Whenever a parolee is retaken pursuant to section 203.6, and the parole judge finds by a preponderance of the evidence that the parolee has violated a condition of his parole the parole judge may— (1) restore the parolee to release on parole: (2) modify the parolee's conditions of the parole; or (3) revoke parole. ARTICLE CXV Appeal (a) Eligible prisoners' right to appeal. Whenever— (1) parole release is denied under section 203.4; (2) parole conditions are imposed or modified under section 203.5; or (3) parole is modified or revoked under section 203.7, the individual to whom any such decision applies may appeal such decision by submitting a notice of appeal to the Court of Appeals. (b) Government's right to appeal. Whenever— (1) parole release is granted under under section 203.4 of this title upon the motion of the eligible prisoner; (2) parole conditions are imposed or modified under section 203.5 of this title; or (3) any decision is taken under section 203.7 of this title which is not revocation, the government may appeal such decision by filing a notice of appeal to the Court of Appeals.