Every once in a while, someone comes up with a great idea. This is not one of them.
Levi Breyfogle of Rapid City is starting the process to get a constitutional measure on the ballot that has the goal to eliminate many crimes from actually being crimes. He’s sent a measure to the Legislative Research Council for review and set up a website to promote his new system of government.
If you could call it that. Government, that is.
No victim, no crime. Is a popular saying in circles that value freedom. What this amendment would do is exactly that. Require a victim for a crime to have been committed. If no one was damaged and is willing to press charges there can be no crime.
BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA:
That Article VI of the Constitution of the State of South Dakota be amended by adding NEW SECTIONS to read as follows:
§ 30. In order for a violation of the law to have been committed each of the following shall occur:
(1) A charge of a violation may only be filed by a individual victim whose person or property have been physically damaged by the defendant. If the victim is incapable of filing a charge of a violation, a family member may, but only if the victim does not object; and
(2) The damages must be physical, quantifiable, and have already occured.
§ 31. Each known victim in any pending case on July 1, 2021, in the law enforcement, judicial, or correctional systems shall be notified and the victim may file a charge of a violation. If no victim files a charge of a violation, the case, sentence, or outstanding fine shall be dropped by October 1, 2021. If a charge if filed, the charge shall be initially reviewed within 30 days to verify the person filing the charge was a probable victim of a willful, direct, physical action of the defendant. No restitution shall be paid for time or fines already paid by any person currently or previously incarcerated or paying fines even if a charge of a violation is dropped pursuant to this section.
§ 32. No public funds of this state, or any political subdivision of this state, may be expended for the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating any case that is in violation of this amendment. No personnel or property of this state, or any political subdivision of this state, may be utilized for the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation that is in violation of this amendment.
How will the government interfere with our day to day lives?
After passing this they really won’t be able to.
What would this do to the economy?
It would lower costs when you bought anything. It would allow anyone to do any kind of work they wanted to and were able. It would reduce the costs invloved with starting nearly any business greatly allowing for lower prices, higher wages, and more profits.
This measure doesn’t serve to increase liberty as much as it does to utterly eliminate the criminal code, save for the direct physical harm of another person.
So, according to the proposal, if I wanted to manufacture pipe bombs and sell them to 18-year-olds, it appears that according to the measure, I could legally do that, and the state would be barred from cooperating with the federal government to stop me.
Under this proposed constitutional amendment, I’m also reading it to potentially legalize prostitution, brothels, and selling crack.
That doesn’t exactly sound like a good idea. But maybe that’s just me. It sounds more like anarchy.
Unless you’re into pipe bombs, brothels, and crack. Then it might be your thing.