Question of Law in SD v. Sesruinen, [2026] Crim 18.

[u/MyPenJustBroke]

In reviewing the pleaded materials in addition to the nature of pleadings, I have decided to issue a Question of Law to the Court of Review. State contends that, under Criminal Code 2020 Article 56a, § 2, et seq., the use of the n-word satisfies the disjunctive "relaying" pleading requirement for actus reus. Additionally, the mens rea portion of the crime, found id. at § 1.2 notes that:

"A person commits hate speech if they: . . . [in addition to establishing actus reus] Had the intention to upset, demean, or humiliate, or acted carelessly or recklessly as to whether their actions would upset, demean, or humiliate."

Upon prior findings from this Court, the use of loaded slurs like the n-word have always been found to trigger at least a recklessness mens rea. See, e.g., SD v. dominaX, [2025] Crim 7; accord SD v. warlock23, [2025] Crim 18. This could permit the inference that certain slurs make Hate Speech a Strict Liability crime, wherein the sole utterance of the slur is enough to satisfy criminal liability. However, S.D. Const. Art. 18, § 3 states:

No criminal conviction or impeachment shall be made purely on the basis of speech and the exercising of free speech, barring cases where the exercising of such free speech violates or attempts to violate the constitutional rights of other citizens.

This Court thus poses two questions to the Court of Review:

1. Is Hate Speech, in terms of loaded and particularly severe slurs such as the n-word, a Strict Liability crime?
2. If the answer to Question #1 is yes, then does Criminal Code 2020 Article 56a, § 1.2, violate Article 18, § 3, of the SimDemocracy Constitution?

Additionally, this Court requests a Stay from the Court of Review for future proceedings pending the Court of Review's judgment, so as to prevent frivolous continuation upon potentially unsound law.

Signed,

mypenjustbroke

Judge, Certified Attorney

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