Superpowers and the Law

[Outsider]

Ok, another thread got me thinking about this. And instead of saying what I think or fear would happen with the law as it concerns the superpowered, I am starting this thread to discuss and get feedback on what people think should happen with the law as far as superpowers are concerned.

I am going to list every power, and give a brief rundown on what legal limitations should apply to the use of it. I'm not saying how the authorities would catch anyone at them, but if the person is somehow caught...

Powers subject to no legal constraints, as they have no great impact on anyone but the possessor :

Absorbtion
Armor
Characteristics
Damage Reduction
Damage Resistance
Duplication
Endurance Reserve
Extra Limbs
Find Weakness
Flash Defence
Force Field
Knockback Resistance
Lack of Weakness
Life Support
Luck
Mental Defence
Mind Link
Missile Deflection/Reflection
Multiform
Power Defence
Shrinking



Powers subject to no legal constraints, but the use of which might easily leave the possessor open to charges of tresspass, invasion of privacy, or property destruction.

Clinging : No legal constraints, really, aside from cautions about trespassing on someone else's wall, and possibly being suspected of invading their privacy, as the clinger will often be right by their window.

Density Increase, Growth : No legal constraints, though the character might be responsible for property damage resulting from his/her increased mass. (Example : A character gets into a cab, gets into an argument with the cabby about the fare, and, in a snit, activates 6 levels of density increase long enough to severely damage the cab's suspension)

Desolidification

Enhanced Senses : Peeping Tom Laws apply, Characters who can broadcast in the EM band are limited to doing so only within Public Band frequencies or frequencies they own.

Powers usable on people or their property only with consent, or if a good samaritan or self defence exeption applies. Range attack powers of whatever sort require that reasonable precautions to prevent 'stray shots' from causeing damage or effects downrange.

Aid
Dispel
Drain
Ego Attack
Energy Blast
Entangle
Flash
Hand to Hand Attack
Healing
Kiling Attack
Mental Illusions
Supress
Telekenesis
Transfer


Some other powers, with notes : :

Running, Swimming : The character should be familiar with and obey relevant speed limits. No doing 80 mph on the sidewalk, unless the character has a darned good reason (the usual good samaritan/self defence exception) If the character is to be allowed to run on the public streets, or swim in controlled navigation areas, he will need to follow similar rules to those followed by cars and boats.

Change Environment, Darkness, Images : If the change contributes to injury, death, or property damage, the possessor of the power is liable, both criminally and financially. (Example : If a super creates a megahex radius hailstorm that destroys a farmer's crops, he is liable for for both the cash value of the destruction and might be charged with a misdemeanor)

Clairsentience : Invasion of Privacy cautions abound, and Precongnition should be flat out illegal when dealing with games of chance, sports betting, or the stock market, as it makes them no longer games of chance, betting on an uncertain future, and insider trading.

Extra Dimensional Movement, FTL travel, Teleportation : Visas and passports may be required. Import/Export laws may also come into play. Travellers could also find themselves quarantined against their will, if they've gone someplace deemed a disease/parasite risk. Travellers are responsible for arriving at their destination in a way that does not create a hazard to others. If they pop back into this dimension or city in the middle of street traffic and cause an accident, they are at fault.

Flight, Gliding, larger Superleaping : The character should be restricted from air travel in controlled airspace, such as an airports landing approaches or holding grid, unless he is a licensed pilot authorized to do so, is properly marked and lit, and is in communications with air traffic control. More casual flying outside of such airspace should be largely unrestricted. I'm not sure what the current law is about how far up someone's property rights extend over their property, but trespass laws based on this, or something similar should be applicable to Flying supers.

Force Wall : So long as it isnt used to illegally imprison someone or block public access to places, no legal constraints.
Invisibility :

Shape Shift : No legal restrictions on shifting itself, though many things the character might be able to do after shifting still carry penalties. (Example : A teenaged male shapeshifter shifting into a female form and heading for the girls locker room is punishable.)

Summon : Potential restrictions depend heavily on special effect. Raising the dead will get you in trouble, unless, MAYBE, the body being raised belonged to someone who specifically willed it to you for this purpose. Still wont make you popular. Summoning extradimensional beings to do your bidding, or even just your laundry, might run afoul of the same sort of stuff that EDM and FTL users face, vis-a-vis importing foreign materials or life forms.

Telepathy : Only on willing targets, again with a good samaritan/self defence exception. Good samaritan or self defence uses of Telepathy that dont involve a request from law enforcement are few and far between, though, so the Telepath had better be right when he probes the mind of someone he suspects of being a crook to foil the crime. The crime had better be pretty heinous too. No MindProbes to find out which of your roomies has been stealing sips off your bottle of scotch!

Tunnelling : All tunnelling must comply with local laws concerning digging. If the tunneller lives in a city, this likely means that he has to file for a permit that marks out where he is going to dig, and how deeply. Cities generally dont want people accidentally digging into buried utilities, after all. The tunneller is also restricted from tunnelling under anyone else's property without their permission. If the tunnelling creates soil stability problems, or undermines structures, the tunneller is responsible. At first glance, it might look a little draconian, but if the tunneller can move through decent DEF material and leave his tunnel open behind him, he will be a very, very, rich man.



Powers I havent considered sufficiently yet (got tired of working on this, will put up what is here so far and see if their is any interest (Cue crickets)):

Mind Control
Mind Scan
Transform

[Hyper-Man]

I might adjust the no constraints list a little.

Duplication could be used to nullify an allibi.
Luck and Mindlink could potentially be put to use gambling illegaly.
Multiform and Shrinking should be grouped with Shapeshift and Invisibility since they potentially have some of the same pitfalls.

haven't read the rest yet. but it seems like a good premise so far.

HM

[nexus]

With Luck though, how are going to prove it? Luck is fairly intangiable thing unless the character is so lucky highly improbable things constantly happen around him.

[Outsider]

I thought about Luck's effect on games of chance, but decided that it didnt actually alter their basic nature. A lucky person playing a game of chance might win more often, but there is still a chance that they will lose. Precognition takes all the chance right out of it, though.

Casinos would still have the right to decline LuckMan's patronage, and even ban him from the premesis, but he wouldnt be chargeable.

[Hypnotoad, the]

As far as the flight/gliding/superleap constraints...

Yeah, I can see basic restrictions of "no-fly" zones and whatnot. The main point of contention is the requirement for a license. While I can see the government requiring one, I can also see heated court challenges against it, especially if said flying/gliding/superleaping folks do it as naturally as you or I walk (the contention being that there's no license required for walking, there should be no license required for them to use what fate/God/an accident of birth gave them).

In the end, I can see the statute standing, but I also see acts of civil disobedience happening by the more extreme opponents, and lawsuits galore, and let's not forget the constant question of Constitutionality of it.

[OddHat]

In my own games, at least the more optimistic games, I tend to say that while actions (murder, breaking and entering, theft) are illegal, and performing these crimes with proven use of a power is going to carry a stiffer penalty, just having or using the power is never illegal. Otherwise you get classic witch hunts, people pulled into court because Mrs.Kravitz claims that they've been using N-Ray vision to watch her bathe.

[Hyper-Man]

With Luck though, how are going to prove it? Luck is fairly intangiable thing unless the character is so lucky highly improbable things constantly happen around him.
It would only be an issue if the government had scanners with the capability of detecting and analyzing powers. It might not even be the government but instead the Casino owners that would have issue with the "lucky" super since they already track players whose winning streaks go beyond statistical norms like the MIT Blackjack team featured on History/Discovery/Learning a few months ago.

HM

[CBikle]

I think it makes more sense if you were to go by special effect rather than power by power.

In comics, a killing attack like Superman's heat-vision is more readily accepted than say Punisher's assault rifle.

[Blue Jogger]

I think it makes more sense if you were to go by special effect rather than power by power.

In comics, a killing attack like Superman's heat-vision is more readily accepted than say Punisher's assault rifle.

That's because Superman is a known hero and will only use his heat vision unless he has to (and never on a normal person), while Punisher with an assault rifle looks like he's just out to assassate someone.

With Superman, it's all about having a positive reputation.

[Outsider]

As far as the flight/gliding/superleap constraints...

Yeah, I can see basic restrictions of "no-fly" zones and whatnot. The main point of contention is the requirement for a license. While I can see the government requiring one, I can also see heated court challenges against it, especially if said flying/gliding/superleaping folks do it as naturally as you or I walk (the contention being that there's no license required for walking, there should be no license required for them to use what fate/God/an accident of birth gave them).

In the end, I can see the statute standing, but I also see acts of civil disobedience happening by the more extreme opponents, and lawsuits galore, and let's not forget the constant question of Constitutionality of it.

If the person never flies into restricted airspace then they wouldnt be required to have a license, markings, or a radio. Current FAA code doesnt require such for the operators of ultralight aircraft, and you cant get much ultralighter than a flying super with just enough costume to avoid indecent exposure charges. The FAA ultralight rules ban people from flying them after dark or over congested areas IIRC, meaning cities and towns, I think. My proposed SuperFlight law wouldnt even be that restrictive. Though maybe people flying after dark should be required to wear strobes. Wouldnt do to have them get hit by a police or traffic helicopter in the dark. Probably bad for them, and likely worse for the copter.

As for the comparison of the naturalness of flying to people blessed with that power to the naturalness of walking to people blessed with that one, walkers arent free to walk wherever they like as it is. They are restricted to sidewalks, rather than the middle of the street (except at intersections when the appropriate walk/dont walk signals are active), and to public spaces, rather than private property that they are not welcome on. I dont see restricting flyers to remaining outside air flight paths as substantially different from restricting walkers to remaining outside of the middle of the freeway. Nor do I think it is unreasonable to require fliers to maintain a certain altitude while over private property without permission. A super flying at an altitude of 600 feet above my property isnt nearly such an intrusion on my property rights as one flying at an altitude of 10 feet. When the flyer gets close enough to the ground, he is highly analagous to a walker.

[Outsider]

I think it makes more sense if you were to go by special effect rather than power by power.

In comics, a killing attack like Superman's heat-vision is more readily accepted than say Punisher's assault rifle.

Yes, special effect is often important, as I mentioned in the text next to the Summon power. Remember that not everything a character has to pay character points for in HERO System is actually going to be a superpower. Sometimes whatever it is is just normal gear, and might thus be covered under laws not specifically pertaining to Supers.

Punisher's assault rifle is an assault rifle, if he had to pay points for it or not, and will be treated as one by the law. Part of his "real weapon" disadvantage, I would say.

Punisher is also a wanted man, isnt he? Something about acting as judge, jury, and executioner in violation of the law. :)

[ArgentLupe]

Keep in mind that just because a power only effects the character, doesn't mean it won't be legislated. A prime example of this would be armor. Some jurisdictions consider the wearing of visible armor a subtle indication that the person wearing it is looking for confrontation :nonp: (This was actually explained to me by an officer of the law during a public demonstartion of medieval combat. During one of our breaks we started discussing what "concealed" weapons constituted and wound up discussing armor.) The indication was that the wearing of armor could be cited as disorderly conduct due to its perceived effect of "threat" on the general populous. :nonp: (Of course this comes from a state that allows me to carry concealed a 32 round semi-automatic 9mm pistol , but not a 6.5" knife.)

If supers really did exist I have a feeling that there would be so much legislation passed in the first 72 hours it would make your head spin. The whole "super menace" would be assigned to Homeland Security and "extreme but neccessary" actions would take place. Much of the torrent of legislation would be deemed unconstitutional, but by then new legislation would be in congress justifying/ammending the original laws.

-ArgentLupe

[Lightray]

If supers really did exist I have a feeling that there would be so much legislation passed in the first 72 hours it would make your head spin. The whole "super menace" would be assigned to Homeland Security and "extreme but neccessary" actions would take place. Much of the torrent of legislation would be deemed unconstitutional, but by then new legislation would be in congress justifying/ammending the original laws.
This would only occur if your "first 72 hours" was some sort of incident like the Twin Towers. Otherwise there is no way that politicians will know the desire of their constituency enough for them to risk decisive action.

You'll see months and months of talking heads on TV telling us what we should think about super-humans. And most of them will disagree -- in fact, the media will likely only talk to the ones who disagree the most. This or that politician will send up trial baloon speeches on this or that position -- trying to gauge the reaction of the public.

In the meantime, the day-to-day realities of super-powers are going to have to be handled by existing laws. They won't quite fit when Mrs. Kravitz complains about super-voyeurs, but the courts will have to bend and adapt where they can.

By the time something happens to make actual legislation likely (e.g., consensus reached through long public debate, some 9/11-type incident, etc.) much of the precedent will have already been set in the courts. Even then, it will hardly be "extreme but necessary" -- the Patriot Act, for all its controversy, essentially just applied laws and precedents already in place for other causes, to "terrorists".

[Chuckg]

Re: flying licenses and drivers' licenses:

Remember, so long as you never leave your own private property (such as, oh, a farm), you need absolutely no license to operate your ground vehicle, whether it be Toyota, tractor, or tank.(*)

The reason for this is simple -- the government does not, strictly speaking, have the power to regulate driving. What they /do/ have is the power to regulate what actions occur on their roads... and, of course, it's pretty much all their road. (Parking garages and parking lots presumably qualify as public places for this purpose, even depsite being privately owned.)

Likewise, the government is not technically regulating the act of flying, they are regulating what is and is not allowable conduct /in a volume of airspace they happen to own/. Of course, that's pretty much /all/ airspace, so...

The FAA rules on ultralights assume that you're not flying high enough or close enough to an airport to get in the way of commercial air traffic. I agree with the person who said that similar conduct would probably apply to flying supers.






(*) Well, existing gun control laws will require you to render the cannon permanently inoperable, like museum pieces have done to them.

[Mentor]

It would only be an issue if the government had scanners with the capability of detecting and analyzing powers. It might not even be the government but instead the Casino owners that would have issue with the "lucky" super since they already track players whose winning streaks go beyond statistical norms like the MIT Blackjack team featured on History/Discovery/Learning a few months ago.

HM
Exactly. It's not like any supers have a list of their capabilities, not to mention the physically detectable mechanisms of their powers, on their chest as their logo. :D

[ArgentLupe]

This would only occur if your "first 72 hours" was some sort of incident like the Twin Towers. Otherwise there is no way that politicians will know the desire of their constituency enough for them to risk decisive action.

Or immediately following the first "super crime". After all, this is the government (US) that had legislation on the floor of congress within days of the Janet Jackson incident.


Remember, so long as you never leave your own private property (such as, oh, a farm), you need absolutely no license to operate your ground vehicle, whether it be Toyota, tractor, or tank.(*)

Of course if you're in Missouri you still have to have it licensed/registered. :) http://stlouis.missouri.org/government/guide/vehicles.html

[Outsider]

Edit : Nevermind.

[ArgentLupe]

To continue with the OP:

I think the immediate responce would be knee-jerk, oppressive, and vauguely worded. The first case of a confirmed super power being used for nefarious purposes would cause a) the immediate recruitment of supers that the government believed would be inherently friendly (possibly by already holding a security clearence or government position); followed by b)the immediate investigation and possible detention of every other known super in the interest of national security.

Yes, I admit I'm a cynic....why do you ask?

-ArgentLupe

[Jinx999]

It would be perfectly reasonable to require a flying super to get a piloting licence and show familiarity with the rule governing planes. A colision between a 747 and a superhero could be nasty. A public-spirited hero or one with a desire for good PR may well do this of her own choice.

[zornwil]

In my own games, at least the more optimistic games, I tend to say that while actions (murder, breaking and entering, theft) are illegal, and performing these crimes with proven use of a power is going to carry a stiffer penalty, just having or using the power is never illegal. Otherwise you get classic witch hunts, people pulled into court because Mrs.Kravitz claims that they've been using N-Ray vision to watch her bathe.
Reminds me of the Kravitz' appearance on Family Guy. :D

Anyway, in my campaign world the US requires all mutants to be registered, but any mutants with unusually high power levels essentially loses all rights as a walking weapon and can be imprisoned and held indefinitely as a public threat, no trial and no questions asked, aside from medical proof that they hold a dangerous mutation. The gov't tried to railroad Kingpin this way, although it didn't work. Others have been held in this manner, though.