Post by Bruce on Jul 1, 2014 1:08:28 GMT -5
In the House of Representatives of the United States of America, Mr. Terrus, for himself, offers: A BILL To establish a federal penal code. BE IT ENACTED by the House of Representatives and Senate of the United States of America in Congress assembled, that: the following be appended to Title III:
Chapter 4. Crimes.
Section 10. Federal Crimes.
(a) It shall be a federal offense, which shall be tried only before a federal court, for any person to commit a felony or misdemeanor as defined by this act, if:
1. the victim of the crime was an officer of the United States;
2. the victim of the crime was an employee of the United States performing the duties of his position;
3. the victim of the crime was a state or local employee that was attempting to enforce a federal law;
4. the offense was committed by an officer or enlistedman of the Navy or Army;
5. the offense was committed against the United States; or
6. the offense was committed in a United States Embassy or Consulate.
(b) Subsection (a) notwithstanding, crimes committed by officers or enlistedmen of the Navy and Army shall be tried by a federal court only during peacetime, and during wartime shall be tried pursuant to Section 8 of this Act.
(c) Any offense committed upon federal property in any state will be punished according to the laws of that state, and any offense committed upon federal property in any territory will be punished according to the laws of that territory.
Section 11. Treason, Espionage.
(a) Treason -- It shall be a capital offense for any citizen or resident of the United States to intentionally or knowingly commit treason, as defined by the Constitution."
(b) Espionage -- It shall be a felony offense for any person to intentionally or knowingly review files that the Analyst has classified as "sensitive" to national security, except if the Analyst authorized that person to review those files, and it shall be the same offense for a person to steal, transfer, sell, or otherwise use files classified as "sensitive" to national security by the Analyst in any manner not authorized by the analyst.
Section 12. Piracy.
(a) Piracy -- It shall be a capital offense for any person aboard a private vessel on the high seas to commit any act of violence, detention, or depredation, against another vessel, or against persons or property onboard such vessel, or for any person to conspire or aid in the commission of such an act.
(b) Privateering -- Subsection a notwithstanding, no captain or crew of a vessel shall be tried under this statute if said captain or crew was acting pursuant to a letter of marquee and reprisal granted by any government or the United States, but such captain and crew shall be forced to surrender their ship if captured, and shall be treated as prisoners of war until that time as the government that granted them a letter of marquee and reprisal negotiates with the United States for their release.
Section 13. Murder and Manslaughter.
(a) Murder -- It shall be a capital offense for any person to intentionally or knowingly kill a person.
(b) Manslaughter -- It shall be a felony for any person to recklessly or negligently kill a person.
Section 14. Capital Offenses.
(a) Rape -- It shall be a capital offense for any man to force a woman, using violence or the threat thereof, to have sex, or to perform sexual acts with a woman that is not yet thirteen years of age.
(b) Robbery -- It shall be a capital offense for any person to use force, or the threat thereof, to deprive any person of any property.
(c) Kidnapping -- It shall be a capital offense for any person to capture or detain a person without legal authority.
Section 15. Felonies Against Persons.
(a) Assault and Battery -- It shall be a felony offense for any person to attack another person, and to do significant bodily harm to that person.
(b) Coercion -- It shall be a felony offense for any person to coerce another person to do anything, either through threat of force or blackmail.
(c) Reckless Endangerment -- It shall be a felony offense for any person to recklessly endanger the life of another.
Section 16. Felonies Against Property.
(a) Counterfeiting -- It shall be a felony offense for a person to falsely make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly act or assist in the false making, altering, forging, or counterfeiting of any coin, certificate, indent, or other public security of the United States.
(b) Forgery -- It shall be a felony offense for any person to utter, put off, or offer, or cause to be uttered, put off, or offered in payment or for sale any false, forged, altered, or counterfeited certificate, indent or other public security of the United States, with intention to defraud any person, knowing the same to be false, altered, forged or counterfeited.
(c) Fraud -- It shall be a felony offense for a person to, with the intent to defraud any person, make or cause to be made any false representation, or to assist in such.
(d) Larceny -- It shall be a felony offense to steal the property or another, or to borrow that property without the owner's consent, or to possess property stolen from a person.
Section 17. Felonies Against the Public.
(a) Corruption -- It shall be a felony offense to, while serving as a federal officer or working as a federal employee, accept a reward in return for providing a special benefit or for taking any official action that said employee would not normally take, even if that action is not to take an action.
(b) Bribery -- It shall be a felony offense to offer a reward to a federal officer, or federal employee, in order to convince that officer or employee to provide special benefit or to take any other official action that said employee would not normally take, even if that action is not to take an action.
(c) Obstruction of Justice -- It shall be a felony offense for any person to obstruct a duly authorized individual's attempts to enforce the laws of the Untied States.
(d) Postal Corruption -- It shall be a felony offense for any employee of the Postal Service:
1. to unlawfully detain, delay, or open any letter, packet, bag or mail of letters, with which he shall be entrusted, or which shall have come to his possession, and which are intended to be conveyed by post; and
2. to secret, embezzle, or destroy any letter or packet entrusted to him;
3. to, after taking charge of the mail of the United States, quit or desert the same, before his arrival at the next post-office.
(e) Perjury -- It shall be a felony offense to provide false information to a federal court, federal court officer, federal law enforcement officer, or at any other time on federal lands, after taking an oath to tell the truth.
Section 18. Misdemeanor.
(a) Assault -- It shall be a misdemeanor for any person to attack another person without doing bodily harm, or doing only minor bodily harm.
(b) Theft -- It shall be a misdemeanor for any person to commit fraud or theft if the amount taken is less than five dollars.
(c) Postal Fraud -- It shall be a misdemeanor offense known for any person:
1. to open or receive any letter or packet not addressed to that person, except with the permission of the person to whom the letter or packet was addressed;
2. to counterfeit the hand-writing of any other person in order to evade payment of postage;
3. to, as an employee of the Postal Service, demand or receive any rate of postage, or any gratuity or reward, other than is provided by the regulations and prices laid out by the Postmaster; or
4. to, as an employee of the Postal Service, fail to duly account and answer to the Postmaster for all bye or way-letters, pursuant to the regulations laid out by the Postmaster.
(d) Postal Obstruction -- It shall be a misdemeanor offense for any person:
1. to obstruct or retard the passage of a letter or packet by any means;
2. to receive, order, dispatch, convey, carry, or deliver any letter or packet, other than a newspaper, for hire or reward, provided that this part shall not prevent a person from sending a letter or packet; or
3. to, if that person is a ferryman, prevent or delay the transport of a letter or packet across any ferry by willful negligence or refusal.
(c) Violation -- It shall be a misdemeanor offense for any person to violate any law of the United States.
Section 19. Conspiracy, Attempt, Aid.
(a) Felony -- It shall be a felony for any person to conspire, attempt, or aid another in attempting to commit a capital offense or a felony.
(b) Misdemeanor -- It shall be a misdemeanor for any person to conspire, attempt, or aid another in attempting to commit a misdemeanor.
(c) Aiding and Abetting -- It shall be a felony offense for a person to provide assistance to a fugitive.
Chapter 5. Punishments.
Section 20. Punishments.
(a) The commission of a capital offense shall be punishable by:
1. death;
2. a term of imprisonment not to exceed the offender's natural life;
3. a fine not to exceed the sum of $5,000 and the cost of trying and imprisoning or executing the offender; or
4. any combination of the above.
(b) The commission of a felony shall be punishable by:
1. a term of imprisonment not to exceed twenty years;
2. a fine not to exceed the sum of $1,000, restitution, and the cost of trying and imprisoning the offender; or
3. any combination of the above.
(c) The commission of a misdemeanor shall be punishable by:
1. a term of imprisonment not to exceed twenty years;
2. a fine not to exceed the sum of $500, restitution, and the cost of trying and imprisoning the offender;
3. probation of up to five years; or
4. any combination of the above.
Section 21. Justifiable Crimes.
(a) No person shall be convicted under any part of this Title if:
1. that person is a soldier, sailor, or military officer of another country, whose actions were at the orders of that country, which was at a state of war with the United States;
2. that person is a law enforcement officer, who took such actions in a reasonable effort to capture a person suspected of committing a crime, or known to have committed a crime;
3. that person took such actions reasonably to defend himself, or to defend another, from a reasonable threat;
4. that person took such actions reasonably necessary to defend his property; or
5. that person took such actions pursuant to orders issued to him as a member of the militia or officer or enlistedman of the Army or Navy.
(b) It shall not be murder for a Judge to sentence a person to death as provided by law, or for a prison guard to imprison a person as provided by law, or for an executioner to carry out an execution as provided by law.
© No Federal Court, or United States Military Court Martial, shall recognize dueling as justification for any crime specified by the United States Code.
Section 22. Fugitives.
(a) For the purposes of the acts of Congress and the Constitution, a "fugitive," is:
1. a person for whom any court in the United States has issued a writ of mittimus;
2. a person that violated a bail agreement made with a federal court, state court, the court of an organized territory, or the court of an unorganized territory; or
3. a person that escaped from the custody of the federal government, a state government, the government of an organized territory, or the government of an unorganized territory.
(b) For the purposes of the acts of Congress and the Constitution, the "appropriate authority," is, respectively, the:
1. law enforcement agency charged with apprehending the fugitive by the court that issued a writ of mittimus for that fugitive;
2. law enforcement agency charged with apprehending violators of bail agreements of the court with whom the fugitive signed, then broke, a bail agreement; or
3. law enforcement agency charged with apprehending escapees from the custody of the government from which the fugitive escaped custody.
© It shall be the duty of each and every state, organized territory, and unorganized territory of the union to pursue, and arrest, any fugitive that is residing or traveling within its jurisdiction and, upon apprehending that individual, it shall be the duty of that state, organized territory, or unorganized territory to inform the appropriate authority of the arrest of that fugitive and to surrender that fugitive to the custody of an agent of the appropriate authority, and said agent shall be authorized to detain that fugitive while transporting that fugitive through any part of the United States.
(d) Subsection © shall not be construed so as to force the federal government, a state government, the government of an organized territory, or the government of an unorganized territory to surrender custody of a fugitive that committed a crime within the jurisdiction of that government, but said government may only refuse to surrender custody of such a fugitive during the course of that fugitive's trial and imprisonment for the crimes he committed against that government.
(e) Subsection © notwithstanding, a fugitive apprehended by any authority under this act shall be permitted to appeal his apprehension to a federal court, and a federal judge may order such fugitive released if that judge determines that:
1. that fugitive is not, in fact, a fugitive; or
2. the appropriate authority has not attempted to take custody of that fugitive despite having been informed of his detainment more than six months prior to the date of the appeal.
Chapter 6. Military Justice.
Section 23. Mutiny, Relief.
(a) It shall be an offense known as mutiny for any officer or enlistedman of the United States Army or United States Navy to refuse to follow the lawful order of a superior officer or enlistedman or to rebel against, remove, or relieve his commanding officer, except as provided under subsection (b), and any officer or enlistedman convicted of this offense shall be imprisoned for not longer than 20 years.
(b) An officer or enlistedman may relieve a superior officer or enlistedman if:
1. the superior officer or enlistedman is mentally compromised;
2. the superior officer or enlistedman is severely injured; or
3. the superior officer or enlistedman intends to commit treason.
(c) It shall be the duty of any officer of the United States, or enlistedman of the Army of the Navy, to refuse any order that is illegal, and no officer or enlistedman shall be imprisoned, fined, or dishonorably discharged for refusing an order if that officer or enlistedman reasonably believed the order was illegal.
Section 24. Punishments.
(a) An officer or enlistedman of the Navy or Army that commits any offense established by this Title may also be dishonorably discharged from the Army and Navy.
(b) If an officer or enlistedman of the Navy or Army commits an offense, then the Navy or Army, respectively, shall provide for the detainment of that person until trial (or court martial), but shall turn the offender over to the appropriate Marshal for imprisonment if a term of imprisonment is assigned to the offender.
(c) An officer or enlistedman of the Army or Navy that commits any offense under this Title during wartime shall be tried before a court martial, which shall be comprised of three officers of superior rank to the offender, who shall be selected by the Superintendent or Marshal, and the offender shall receive the same rights before this court martial as he would before a regular court, except the right to a jury.
Chapter 4. Crimes.
Section 10. Federal Crimes.
(a) It shall be a federal offense, which shall be tried only before a federal court, for any person to commit a felony or misdemeanor as defined by this act, if:
1. the victim of the crime was an officer of the United States;
2. the victim of the crime was an employee of the United States performing the duties of his position;
3. the victim of the crime was a state or local employee that was attempting to enforce a federal law;
4. the offense was committed by an officer or enlistedman of the Navy or Army;
5. the offense was committed against the United States; or
6. the offense was committed in a United States Embassy or Consulate.
(b) Subsection (a) notwithstanding, crimes committed by officers or enlistedmen of the Navy and Army shall be tried by a federal court only during peacetime, and during wartime shall be tried pursuant to Section 8 of this Act.
(c) Any offense committed upon federal property in any state will be punished according to the laws of that state, and any offense committed upon federal property in any territory will be punished according to the laws of that territory.
Section 11. Treason, Espionage.
(a) Treason -- It shall be a capital offense for any citizen or resident of the United States to intentionally or knowingly commit treason, as defined by the Constitution."
(b) Espionage -- It shall be a felony offense for any person to intentionally or knowingly review files that the Analyst has classified as "sensitive" to national security, except if the Analyst authorized that person to review those files, and it shall be the same offense for a person to steal, transfer, sell, or otherwise use files classified as "sensitive" to national security by the Analyst in any manner not authorized by the analyst.
Section 12. Piracy.
(a) Piracy -- It shall be a capital offense for any person aboard a private vessel on the high seas to commit any act of violence, detention, or depredation, against another vessel, or against persons or property onboard such vessel, or for any person to conspire or aid in the commission of such an act.
(b) Privateering -- Subsection a notwithstanding, no captain or crew of a vessel shall be tried under this statute if said captain or crew was acting pursuant to a letter of marquee and reprisal granted by any government or the United States, but such captain and crew shall be forced to surrender their ship if captured, and shall be treated as prisoners of war until that time as the government that granted them a letter of marquee and reprisal negotiates with the United States for their release.
Section 13. Murder and Manslaughter.
(a) Murder -- It shall be a capital offense for any person to intentionally or knowingly kill a person.
(b) Manslaughter -- It shall be a felony for any person to recklessly or negligently kill a person.
Section 14. Capital Offenses.
(a) Rape -- It shall be a capital offense for any man to force a woman, using violence or the threat thereof, to have sex, or to perform sexual acts with a woman that is not yet thirteen years of age.
(b) Robbery -- It shall be a capital offense for any person to use force, or the threat thereof, to deprive any person of any property.
(c) Kidnapping -- It shall be a capital offense for any person to capture or detain a person without legal authority.
Section 15. Felonies Against Persons.
(a) Assault and Battery -- It shall be a felony offense for any person to attack another person, and to do significant bodily harm to that person.
(b) Coercion -- It shall be a felony offense for any person to coerce another person to do anything, either through threat of force or blackmail.
(c) Reckless Endangerment -- It shall be a felony offense for any person to recklessly endanger the life of another.
Section 16. Felonies Against Property.
(a) Counterfeiting -- It shall be a felony offense for a person to falsely make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly act or assist in the false making, altering, forging, or counterfeiting of any coin, certificate, indent, or other public security of the United States.
(b) Forgery -- It shall be a felony offense for any person to utter, put off, or offer, or cause to be uttered, put off, or offered in payment or for sale any false, forged, altered, or counterfeited certificate, indent or other public security of the United States, with intention to defraud any person, knowing the same to be false, altered, forged or counterfeited.
(c) Fraud -- It shall be a felony offense for a person to, with the intent to defraud any person, make or cause to be made any false representation, or to assist in such.
(d) Larceny -- It shall be a felony offense to steal the property or another, or to borrow that property without the owner's consent, or to possess property stolen from a person.
Section 17. Felonies Against the Public.
(a) Corruption -- It shall be a felony offense to, while serving as a federal officer or working as a federal employee, accept a reward in return for providing a special benefit or for taking any official action that said employee would not normally take, even if that action is not to take an action.
(b) Bribery -- It shall be a felony offense to offer a reward to a federal officer, or federal employee, in order to convince that officer or employee to provide special benefit or to take any other official action that said employee would not normally take, even if that action is not to take an action.
(c) Obstruction of Justice -- It shall be a felony offense for any person to obstruct a duly authorized individual's attempts to enforce the laws of the Untied States.
(d) Postal Corruption -- It shall be a felony offense for any employee of the Postal Service:
1. to unlawfully detain, delay, or open any letter, packet, bag or mail of letters, with which he shall be entrusted, or which shall have come to his possession, and which are intended to be conveyed by post; and
2. to secret, embezzle, or destroy any letter or packet entrusted to him;
3. to, after taking charge of the mail of the United States, quit or desert the same, before his arrival at the next post-office.
(e) Perjury -- It shall be a felony offense to provide false information to a federal court, federal court officer, federal law enforcement officer, or at any other time on federal lands, after taking an oath to tell the truth.
Section 18. Misdemeanor.
(a) Assault -- It shall be a misdemeanor for any person to attack another person without doing bodily harm, or doing only minor bodily harm.
(b) Theft -- It shall be a misdemeanor for any person to commit fraud or theft if the amount taken is less than five dollars.
(c) Postal Fraud -- It shall be a misdemeanor offense known for any person:
1. to open or receive any letter or packet not addressed to that person, except with the permission of the person to whom the letter or packet was addressed;
2. to counterfeit the hand-writing of any other person in order to evade payment of postage;
3. to, as an employee of the Postal Service, demand or receive any rate of postage, or any gratuity or reward, other than is provided by the regulations and prices laid out by the Postmaster; or
4. to, as an employee of the Postal Service, fail to duly account and answer to the Postmaster for all bye or way-letters, pursuant to the regulations laid out by the Postmaster.
(d) Postal Obstruction -- It shall be a misdemeanor offense for any person:
1. to obstruct or retard the passage of a letter or packet by any means;
2. to receive, order, dispatch, convey, carry, or deliver any letter or packet, other than a newspaper, for hire or reward, provided that this part shall not prevent a person from sending a letter or packet; or
3. to, if that person is a ferryman, prevent or delay the transport of a letter or packet across any ferry by willful negligence or refusal.
(c) Violation -- It shall be a misdemeanor offense for any person to violate any law of the United States.
Section 19. Conspiracy, Attempt, Aid.
(a) Felony -- It shall be a felony for any person to conspire, attempt, or aid another in attempting to commit a capital offense or a felony.
(b) Misdemeanor -- It shall be a misdemeanor for any person to conspire, attempt, or aid another in attempting to commit a misdemeanor.
(c) Aiding and Abetting -- It shall be a felony offense for a person to provide assistance to a fugitive.
Chapter 5. Punishments.
Section 20. Punishments.
(a) The commission of a capital offense shall be punishable by:
1. death;
2. a term of imprisonment not to exceed the offender's natural life;
3. a fine not to exceed the sum of $5,000 and the cost of trying and imprisoning or executing the offender; or
4. any combination of the above.
(b) The commission of a felony shall be punishable by:
1. a term of imprisonment not to exceed twenty years;
2. a fine not to exceed the sum of $1,000, restitution, and the cost of trying and imprisoning the offender; or
3. any combination of the above.
(c) The commission of a misdemeanor shall be punishable by:
1. a term of imprisonment not to exceed twenty years;
2. a fine not to exceed the sum of $500, restitution, and the cost of trying and imprisoning the offender;
3. probation of up to five years; or
4. any combination of the above.
Section 21. Justifiable Crimes.
(a) No person shall be convicted under any part of this Title if:
1. that person is a soldier, sailor, or military officer of another country, whose actions were at the orders of that country, which was at a state of war with the United States;
2. that person is a law enforcement officer, who took such actions in a reasonable effort to capture a person suspected of committing a crime, or known to have committed a crime;
3. that person took such actions reasonably to defend himself, or to defend another, from a reasonable threat;
4. that person took such actions reasonably necessary to defend his property; or
5. that person took such actions pursuant to orders issued to him as a member of the militia or officer or enlistedman of the Army or Navy.
(b) It shall not be murder for a Judge to sentence a person to death as provided by law, or for a prison guard to imprison a person as provided by law, or for an executioner to carry out an execution as provided by law.
© No Federal Court, or United States Military Court Martial, shall recognize dueling as justification for any crime specified by the United States Code.
Section 22. Fugitives.
(a) For the purposes of the acts of Congress and the Constitution, a "fugitive," is:
1. a person for whom any court in the United States has issued a writ of mittimus;
2. a person that violated a bail agreement made with a federal court, state court, the court of an organized territory, or the court of an unorganized territory; or
3. a person that escaped from the custody of the federal government, a state government, the government of an organized territory, or the government of an unorganized territory.
(b) For the purposes of the acts of Congress and the Constitution, the "appropriate authority," is, respectively, the:
1. law enforcement agency charged with apprehending the fugitive by the court that issued a writ of mittimus for that fugitive;
2. law enforcement agency charged with apprehending violators of bail agreements of the court with whom the fugitive signed, then broke, a bail agreement; or
3. law enforcement agency charged with apprehending escapees from the custody of the government from which the fugitive escaped custody.
© It shall be the duty of each and every state, organized territory, and unorganized territory of the union to pursue, and arrest, any fugitive that is residing or traveling within its jurisdiction and, upon apprehending that individual, it shall be the duty of that state, organized territory, or unorganized territory to inform the appropriate authority of the arrest of that fugitive and to surrender that fugitive to the custody of an agent of the appropriate authority, and said agent shall be authorized to detain that fugitive while transporting that fugitive through any part of the United States.
(d) Subsection © shall not be construed so as to force the federal government, a state government, the government of an organized territory, or the government of an unorganized territory to surrender custody of a fugitive that committed a crime within the jurisdiction of that government, but said government may only refuse to surrender custody of such a fugitive during the course of that fugitive's trial and imprisonment for the crimes he committed against that government.
(e) Subsection © notwithstanding, a fugitive apprehended by any authority under this act shall be permitted to appeal his apprehension to a federal court, and a federal judge may order such fugitive released if that judge determines that:
1. that fugitive is not, in fact, a fugitive; or
2. the appropriate authority has not attempted to take custody of that fugitive despite having been informed of his detainment more than six months prior to the date of the appeal.
Chapter 6. Military Justice.
Section 23. Mutiny, Relief.
(a) It shall be an offense known as mutiny for any officer or enlistedman of the United States Army or United States Navy to refuse to follow the lawful order of a superior officer or enlistedman or to rebel against, remove, or relieve his commanding officer, except as provided under subsection (b), and any officer or enlistedman convicted of this offense shall be imprisoned for not longer than 20 years.
(b) An officer or enlistedman may relieve a superior officer or enlistedman if:
1. the superior officer or enlistedman is mentally compromised;
2. the superior officer or enlistedman is severely injured; or
3. the superior officer or enlistedman intends to commit treason.
(c) It shall be the duty of any officer of the United States, or enlistedman of the Army of the Navy, to refuse any order that is illegal, and no officer or enlistedman shall be imprisoned, fined, or dishonorably discharged for refusing an order if that officer or enlistedman reasonably believed the order was illegal.
Section 24. Punishments.
(a) An officer or enlistedman of the Navy or Army that commits any offense established by this Title may also be dishonorably discharged from the Army and Navy.
(b) If an officer or enlistedman of the Navy or Army commits an offense, then the Navy or Army, respectively, shall provide for the detainment of that person until trial (or court martial), but shall turn the offender over to the appropriate Marshal for imprisonment if a term of imprisonment is assigned to the offender.
(c) An officer or enlistedman of the Army or Navy that commits any offense under this Title during wartime shall be tried before a court martial, which shall be comprised of three officers of superior rank to the offender, who shall be selected by the Superintendent or Marshal, and the offender shall receive the same rights before this court martial as he would before a regular court, except the right to a jury.
