Parahumans and the Law

Superhuman Registration

By law, all non-xenomorphic parahumans in the united states must be registered with the government with full disclosure of their abilities within 30 days of their power’s first manifestation. The registry is not available to the public and is kept in a secure isolated and encrypted server which few have access to, even Law enforcement having to rely on a proxy to search it for them.

Underage parahumans are typically not held responsible for their failure to register, the blame instead falls onto their legal guardian.

Anti Discrimination Ordinance

Parahuman has been designated a protected class against discrimination. As such it is illegal to refuse work, lodging or service to someone on the basis of their parahuman status unless it may lead to dangerous situation.

It is also illegal for employers or service providers to ask whether someone is a parahuman unless otherwise relevant to the work on applies to or one is attempting to hire services aimed at parahumans.

Parahuman Loss of Control

Due to the unpredictable nature of newly acquired parahuman abilities, laws have been set in place to protect parahumans from accidental damage caused by their abilities. However the parahuman must qualify on the following requirement;

  • Must not have been engaging in illegal activities.
  • Must not have been engaged in a physical altercation unless done in self defense or in defense of another.
  • Must not have acted recklessly with subsequent use of powers.
  • Must not already be wanted for a serious crime.
  • Must not be deemed a danger to others due to their abilities.
  • If the parahuman has a known power control issues, they should be under power-stabilizer drugs. Failure to follow treatment is ground for reckless endangerment charges.

Usage of Powers

Offensive Parahuman Ability

For legal purpose, the usage of parahuman abilities when committing a crime is equated to the usage of weapons regardless of wether a power does or doesn’t inflict permanent damage (e.g. pain induction powers or mental assaults.)

The same is often true of parahuman law enforcement, with deadly abilities with parahuman officers only allowed to use their abilities in situations that would warrant the use of a firearm.

Mind Reading & Enhanced Senses

Most jurisdiction have banned the usage of mind reading for law enforcement purposes. The use of telepathic mind reading has been successfully challenged as a violation of both fourth (protection against unreasonable search and seizure) and fifth (protection against self incrimination) amendments of the united states constitution.

As such, evidences gathered telepathically is inadmissible in court as per the ‘fruit of the poisoned tree’ doctrine.

Many countries around the world have banned the use of telepathic aid during job interview or similar usage on employees. However many telepaths have come to work in the business sector as aids to business negotiators or as part of private security details.

Enhanced Senses and Probable Cause

The fourth amendment has also been extended to cover the usage of enhanced or extra-normal senses such as remote sensing or concealment penetrating vision in relation attaining probably cause for a search. Items discovered by those mean are not covered under the ‘plain view’ clause.

Mind Control & Minions

A parahuman with some any form of mind control, emotion manipulation or powers relating to the creation and control of creatures (often dubbed minions) are held responsible for the acts that those under their control commit, with controlled sentient beings not being held accountable for their actions under control.

Due to frequent abuse, the ‘mind control defense’ is typically only allowed to be presented under unquestionable evidence as to the involvement of a suitable parahuman.

Object Alteration & Creation

Under the law parahumans with the abilities to either create or modify objects are subject to certain rules on the use of their powers including prohibition on creating money (considered counterfeiting), illegal substances (Such as restricted drugs), dangerous substance (radioactive materials, acid, toxins), restricted weapons, copyrighted material and et cetera. As to avoid legal pitfalls, it is illegal to create human body parts except under strict supervision.

Additionally, Parahumans must obtain a licence to sell any objects created or altered with their abilities. Which certify that they are genuine, permanent (or conform to specified timescale if temporary) or in the case of edible matter; non toxic. Licences are specific to a particular service and as such, few licenses are given that merely allow one to create valuable resources to handle as they please for economic reasons.

Biokinetics

Any parahuman with biological manipulative abilities must obtain appropriate training, education and licencing to be allowed to use their powers on others. They are also bound to obtain signed consent from any patient hiring their services.

However an exemption to both rules is in the event of an emergency where life is at risk, with the second rule only being exempt if the patient is unresponsive and has no one authorized to speak in their place (i.e. Spouse or a legal guardian)

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