| Republic of Krameria V. Desmond Von Klue | Case No. CR-01 | | --- | --- |

IN FAVOR OF THE DEFENSE;

1. Motion to Dismiss all Charges with Prejudice

The defense hereby motions to dismiss all charges with prejudice due to the overzealous charges levied against the defendant. The “weapon” used in this case is a bot named “DuckHunt” which is used in a wide variety of discord servers as a video game. When played, users are not actually shooting anything, rather engaging in a game. The command “!shoot” is the equivalent to a water gun or a laser tag gun, not able to inflict any actual harm to anybody. Instead, it is a mild annoyance at most. To charge an individual with conspiracy in the first degree, attempt, and violations of terms of service in the first degree is a grave act, and should be used in cases that warrant the severity of the charges. This case is the equivalent of someone stating that they will shoot somebody with a water gun. It is a ridiculous over-application of existing laws to prosecute this case as “conspiracy to shoot a water gun” and “attempt to shoot a water gun”. Furthermore, the staff should determine whether or not the alleged incident represented an actual threat as defined by the terms of service instead of the court, since a violation of that magnitude would constitute a need for punishment beyond the ability of the court to provide. Overall, this case does not hold water when put to scrutiny, and should be dismissed.

THEREFORE, defense respectfully requests that the instant motion be GRANTED and that this action be BE DISMISSED.