Mentalists and the Law

Although psychic abilities such as telepathy, mind-control, etc. have been proven to exist for decades, legislation regarding them is still rather ambiguous, gappy, and sometimes contradictory. However, a body of legal precedent has emerged that is generally considered to have the force of law. In practice this means three things: Some things that AREN'T crimes:
 * Police and courts are empowered to arrest/convict mentalists for psychic crimes.
 * They are not obligated to do so. In fact, they frequently look the other way rather than get embroiled in the legal complexities. Even when they do, sentencing is entirely at the judge's discretion.
 * Evidence of psychic crimes committed during a criminal investigation or trial will generally lead to a mistrial, or to successful appeal of the court's ruling.
 * Establishing a mental link is NOT a crime, even if unwelcome. However, it can be used as evidence of intent to commit such a crime, much like carrying a gun. (In game terms, this is a mindlink or a successful ECV roll. This also applies to attacks that fail to achieve their effect.)
 * Telepathic transmission is NOT a crime, even if unwelcome, as long as the effect is not unduly unpleasant, painful, dangerous or distracting. (In game terms: using telepathy to "send", some mental illusions, some other powers depending on SFX.)
 * Telepathic reception from a consenting target is NOT a crime, even if information is obtained that the target did not intend to reveal.
 * Mental influence of a consenting target is NOT a crime, AS LONG AS the influence is restricted to what the target agreed to. (For example, you could hire a mentalist to mind-control you to stop smoking, or to provide mental illusions of a Caribbean vacation.)

Some things that ARE crimes: In all these cases, the severity of the offense generally depends on the scope and intensity of the influence. Also, these things may be grounds for a civil suit. As with all consent laws, coerced consent does not count. Additional notes about mentalists and the law:
 * Telepathic reception from an nonconsenting target IS a crime. (In game terms: using telepathy to "read", some Detects depending on SFX.)
 * Mental influence of a nonconsenting target IS a crime. This also applies to targets who consented to a different influence. (For example, agreeing to influence someone to stop smoking, then telling them to give you their wallet.) (In game terms: mind control, mental illusions, other powers depending on SFX)
 * Telepathic transmission of unpleasant, painful, dangerous or distracting signals IS a crime. (In game terms: some mental illusions, EGO Blast, some other powers depending on SFX.)
 * It is generally known that targets of mental powers can often detect the effect, detect failed attempts, and identify the source of the power. Also, it is known that in many cases they cannot detect the effect at the time, but are aware of it afterwards. Reports to this effect are treated like eyewitness testimony.


 * In general, defendents are not convicted for acts performed under mental influence. However, the decision of guilt is ultimately up to the jury (and in some cases the judge). There is precedent for conviction, especially for acts the target was inclined to perform anyway.


 * The courts do not retain their own mentalists - too expensive. However, a mentalist can testify as to what they perceived with their abilities. For example, a mentalist might testify to reading the defendant's mind and confirming that she remembers events the way she described them in court. This is generally treated as expert testimony, just like a psychiatric evaluation or polygraph  test. It is not common except when a lot of money or publicity is involved.


 * Modern technology can identify traces of mental influence on a target mind. Such scans are routinely used as evidence when mental powers are involved.  Either attorney can demand at any time that all jurors and court officers be scanned. Evidence of such tampering is grounds for immediate mistrial.


 * An individual CANNOT be required by law to consent to telepathic examination, as this is a violation of their Fifth Ammendment rights. This ruling is challenged from time to time, usually by judges giving "search warrants" to telepaths in various criminal cases, but has been consistently upheld by the Supreme Court.