The Omnibus Inchoate Crimes Reform Act


IN THE FIRESTONE SENATE

January 16th, 2023


The Omnibus Inchoate Crimes Reform Act


         Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,

Section 1: The Criminal Code Revision Act (R) shall be defined as Criminal Code Revision Act (R).

Section 2: Section IF of The Criminal Code Revision Act (R) currently states: “If Congress wishes to amend, remove, or otherwise change, or add offenses on the Code, they shall do so by legislation. When such legislation passes, the Manager of the Code shall have 48 hours to alter or create the respective Trello card that was changed. Congress shall be expected, when creating new offenses, to provide a class, a definition, a section, and a title for the new offense created. Congress shall also be permitted to assign labels that have special meanings- they must be established in legislation. Congress shall hold the sole authority to dictate what is and is not placed on the Code. The Manager may remove articles that have been found unconstitutional by the Supreme Court. The Manager may also remove any articles that have been declared null by an act of Congress.”

Section 3: Section IF of the Criminal Code Revision Act (R) shall be amended to state: “If Congress wishes to amend, remove, or otherwise change, or add offenses on the Code, they shall do so by legislation. When such legislation passes, the Manager of the Code shall have 48 hours to alter or create the respective Trello card that was changed. Congress shall be expected, when creating new offenses, to provide a class (Congress may, as needed, create a variable class structure dependent on special factors in the offenses so long as the factors that cause certain conduct to be one class or another are clearly defined), a definition, a section, and a title for the new offense created. Congress shall also be permitted to assign labels that have special meanings- they must be established in legislation, this includes the creation of doctrines. Congress shall hold the sole authority to dictate what is and is not placed on the Code. The Manager may remove articles that have been found unconstitutional by the Supreme Court. The Manager may also remove any articles that have been declared null by an act of Congress.”

Section 4: Chapter 4, Section 9 of the Firestone Criminal Code shall be nullified and replaced with the following named section: “§9 - Principals and Accessories Doctrine”.

Section 5: The new 4 F.C.C. §9 shall state: "

(a) A principal in the first degree is any person who, during the commission of a crime, actively engages in the criminal conduct by their own hand; or any person who, during the commission of a crime, causes another to actively engage in the criminal conduct. Principals in the first degree shall carry the full weight of criminal liability attached to their actions.

(b) A principal in the second degree is any person who, during the commission of a crime, assists a principal in the first degree in the criminal act(s). A principal in the second degree must be a participant in the core criminal act to be considered a principal. Principals in the second degree shall carry the full weight of criminal liability attached to their actions.

(c) An accessory is any person who, before or after the commission of a crime, aids and abets the criminal conduct. Accessories shall carry less weight of criminal liability attached to their actions than a principal.

(c1) In regards to accessories before the fact, a person is an accessory before the fact if they knowingly aid a principal in preparation, planning, or execution of the criminal conduct. In regards to accessories after the fact, a person is an accessory after the fact if they knowingly aid a principal in an attempt (be it successful or unsuccessful) to avoid discovery of or punishment for the criminal conduct.

(c2) Whether a person knowingly aided a principal before or after the fact shall be judged based on how a reasonably prudent person given the totality of the circumstance would conclude or suspect if a crime has or hasn’t occurred.”

Section 6: Chapter 4, Section 23 shall be created in the Firestone Criminal code and be titled “§23 - Acting As Accessory to a Crime”.

Section 7: 4 F.S.C. §23 shall state: “

(a) The act of acting as accessory to a crime shall be a criminal offense in the State of Firestone.

(b) Acting as Accessory to a Crime shall be defined as engaging in conduct consistent with the provisions within subsections (c),(c1), and (c2) of 4 F.C.C. §9.

(c) This offense shall carry a variable sentencing range, and must be specifically identified with the originating criminal offense(s) in any charging document or arrest filing. If a person is found in violation of this section, they shall be considered to have committed an offense one class below the originating offense (I.e. if the originating offense is a Class C felony, the accessory shall be considered to have committed a Class A misdemeanor), and be penalized as such.

(c1) If the originating offense does not have a class below it, the originating offense’s class shall be applied for a person in violation of this section.

(c2) If the originating offense has a special sentencing rule imposed by statute, the accessory shall be considered to have committed an offense one class below the originating offense, and if found guilty by a court, be penalized by no more than ¾ of the originating offense’s maximum penalty (to be rounded to the nearest whole minute as necessary). If the originating offense has only a mandatory minimum and no specific maximum, the accessory shall be sentenced to no less than that minimum minus 25 minutes, and no more than that minimum.

(d) If the offense is the subject of an arrest, the accessory shall be considered to have committed an offense one class below the originating offense, and be penalized by no more than ¾ of the originating offense’s maximum penalty (rounded to the nearest whole second as needed).”

Section 8: Chapter 4, §6 of the Firestone criminal code currently states: “

(a) The act of attempting to commit a crime shall be recognized as an unlawful criminal offense within the State of Firestone.

(a1) The act of attempting to commit a crime shall be the act of knowingly taking steps towards the commission of an offense that has been deemed illegal by law”.

Section 9: 4 F.C.C. §6 shall be amended to state: “

(a) The act of attempting to commit a crime shall be recognized as an unlawful criminal offense within the State of Firestone.

(a1) The act of attempting to commit a crime shall be the act of knowingly taking a substantial step towards the commission of a criminal offense, but failing to successfully commit the criminal offense.

(a2) A substantial step shall be any act or omission constituting a step in a course of conduct planned to culminate in the commission of the crime. This step must be corroborative of a principal’s criminal purpose.

(b) A person cannot be charged with this offense if the criminal act is completed.

(c) This offense shall carry a variable sentencing range, and must be specifically identified with the originating criminal offense(s) in any charging document or arrest filing. If a person is found in violation of this section, they shall be considered to have committed an offense one class below the class of what would be the completed offense (I.e. if the completed offense is a Class C felony, the attemptee shall be considered to have committed a Class A misdemeanor), and be penalized as such.

(c1) If the completed offense does not have a class below it, the originating offense’s class shall be applied for a person in violation of this section.

(c2) If the completed offense has a special sentencing rule imposed by statute, the attemptee shall be considered to have committed an offense one class below the completed offense, and if found guilty by a court, be penalized by no more than ½ of the completed offense’s maximum penalty (to be rounded to the nearest whole minute as necessary). If the completed offense has only a mandatory minimum and no specific maximum, the attemptee shall be sentenced to no less than that minimum minus 30 minutes, and no more than that minimum minus 10 minutes.

(d) If the offense is the subject of an arrest, the attemptee shall be considered to have committed an offense one class below the originating offense, and be penalized by no more than ½ of the originating offense’s maximum penalty (rounded to the nearest whole nearest whole second as needed).

Section 10: Chapter 4, §7 of the Firestone Criminal Code currently states: “

(a) The act of conspiracy to commit a crime shall be recognized as an unlawful criminal offense within the State of Firestone.

(a1) The act of conspiracy to commit a crime shall be the act of two or more persons conspiring to commit any offense against the State of Firestone, or to defraud the State of Firestone, or any agency thereof.”

Section 11: 4 F.C.C. §7 shall be amended to state: “

(a) The act of conspiracy to commit a crime shall be recognized as an unlawful criminal offense within the State of Firestone.

(a1) The act of conspiracy to commit a crime shall be the act of two or more persons agreeing to promote or facilitate criminal conduct and one or more of said parties to the conspiracy engaging in an overt act in furtherance of the conspiracy.

(a2) An overt act is any act, be it legal or illegal, to accomplish some purpose of the conspiracy.

(b) A person may be charged with this offense in conjunction with either an attempt to commit the offense(s) relevant to the conspiracy, or the successfully completed offense(s) of the conspiracy.

(c) This offense shall carry a variable sentencing range, and must be specifically identified with the originating criminal offense(s) in any charging document or arrest filing. If a person is found in violation of this section, they shall be considered to have committed an offense one class below the class of what would be the completed offense (I.e. if the completed offense is a Class B felony, the conspirator shall be considered to have committed a Class C felony), and be penalized as such.

(c1) If the completed offense does not have a class below it, the originating offense’s class shall be applied for a person in violation of this section.

(c2) If the completed offense has a special sentencing rule imposed by statute, the conspirator shall be considered to have committed an offense one class below the completed offense, and if found guilty by a court, be penalized by no more than ⅓ of the completed offense’s maximum penalty (to be rounded to the nearest whole minute as necessary). If the completed offense has only a mandatory minimum and no specific maximum, the conspirator shall be sentenced to no less than that minimum minus 35 minutes, and no more than that minimum minus 15 minutes.

(d) If the offense is the subject of an arrest, the conspirator shall be considered to have committed an offense one class below the originating offense, and be penalized by no more than ⅓ of the originating offense’s maximum penalty (rounded to the nearest whole nearest whole second as needed).

Section 12: This act shall be enforced by all law enforcement agencies and the courts.

Section 13: This act shall go into immediate effect upon passing the constitutionally required process to do so.

Chief-Sponsors

DannyboyJurist, Author

Mega_Goalie16, Senator

Co-Sponsors

N/A

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