The existence of superpowers
has sparked the creation of some new laws to deal with specific problems,
but for the most part the activities of supers are covered by existing
statutes.
Aggravated Assault
The offensive use of any superpower is a form of aggravated assault (also
called assault with a deadly weapon), regardless of the power's potential
lethality. Punishment for an act of aggravated assault usually ranges
from 2-5 years plus a possible fine.
Reckless Endangerment
A super's use of his powers may constitute reckless conduct. Reckless
conduct is defined as "recklessly engaging in conduct that places
another in danger of imminent danger of serious bodily harm." This
includes pointing a gun at someone or threatening to use a superpower
on them. It carries a possible sentence of 1-7 years.
Excessive Force
A police officer or sanctioned superhero who uses excessive force when
arresting a suspect can be prosecuted or sued. The test for whether or
not force is excessive is one of objective reasonableness: a particular
degree of force is allowable if it would be used by a reasonable police
officer on the scene in light of the need for split-second decisionmaking
in a potentially lethal situation.
Mind Control
The 13th Amendment prohibits any and all forms of slavery or compulsory
servitude. The courts have been unanimous in holding that "mental
control of another person is a violation of that person's 13th Amendment
rights, and the controller is liable for infringement of those rights."
A number of courts hav developed a "law enforcement" exception
for sanctioned heroes. This exception is limited-it only covers the arrest
of a criminal. Mind control cannot be used for interrogation or other
purposes without violating a defendent's 13th Amendment rights. Unauthorized
use of Mind Control is considered a crime equivalent to kidnapping and
carries a punishment of 8 years to life.
Invasion of Privacy
Some powers which make it too easy to invade someone's privacy such as
Invisibility, Mind Scan, and Telepathy are illegal to use in most instances.
A mental search warrant must be obtained before Mind Scan can be used
to find someone. Warrantless Mind Scan is allowed only in case of an emergency.
Possible sentence of 1-4 years.
Superhuman
Registration Act
In 1940, Congress responded to widespread public concern by passing the
Superhuman Registration Act. The SRA required all innately powered-metahumans
to register with the federal government, providing information in their
true identities, the nature and extent of their powers, and so forth.
Costumed crime fighters using super-technology were also required to register
under different provisions of the Act, and to reveal the capabilities
(but not precise technical details) of their devices. Although public
support of the SRA was extensive, it was coldly received in the metahuman
community. Relatively few superheroes and no villains came forward to
register, forcing the government to declare them outlaws.
However, this soon changed following the attack on Pearl Harbor. President
Roosevelt formed the Freedom Brigade, a coalition of almost all known
costumed heroes, charged with aiding the war effort and protecting United
States shores from Axis threats. Droves of superheroes volunteered and
gladly registered their powers and identities to be a part of the Brigade.
As super villains were captured, they were identified as extensively as
possible, and the information entered into the SRA databases. This allowed
the US government to build the worlds largest database on metahuman
powers.
In 1969, the metahuman lobbying organization SAFE (Superhuman Alliance
For Equality) was founded to counter the Nixon Administrations attempts
to require all metahumans to be inducted into the military. SAFE also
demanded that the Superhuman Registration Act be repealed on the grounds
that it is a violation of civil liberties.
In 1975, SAFE failed in getting the Superhuman Registration Act repealed,
but they did get it significantly revised. Only sanctioned metahuman crime
fighters and metahuman criminals were required to register. Metahuman
civilian were no longer required to register.
Sanctioning
Superheroes not directly employed by the federal government may apply
to the Department of Justice for sanction, which grants them law-enforcement
powers roughly equivalent to those possessed by agents of the FBI or Federal
Marshals. A grant of sanction may be temporary or permanent; permanent
sanction is subject to periodic review at the governments discretion.
The United States is glad to work with responsible, upstanding superheroes,
but it wont grant sanction to just anyone. It reviews each candidate
thoroughly to insure he will not abuse the privilege and is suitable for
it. Only candidates who comply with the Superhuman Registration Act will
be considered, and the candidate must submit to psychological testing
as well. Super teams requesting sanction must have a charter and other
indications of stability. The applicants record of conduct
his ability to work well with the authorities, his respect for the government,
and the nature and extent of his crime fighting activities, and his past
successes as an adventurer all factor into the decision.
The government often exacts concessions from heroes in exchange for a
grant of sanction. The agreement of super teams to include a government
liaison among their employees, the sharing of technological secrets, or
a solemn oath to turn over captured devices or data to the government
are all among the concessions often obtained.
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