LAWS

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 world’s largest database on metahuman powers.
In 1969, the metahuman lobbying organization SAFE (Superhuman Alliance For Equality) was founded to counter the Nixon Administration’s 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 government’s discretion.

The United States is glad to work with responsible, upstanding superheroes, but it won’t 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 applicant’s 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.