False Impersonation, Larceny, and Data Breaches in The Clone Wars

You don’t need a holocron to see all of the legal issues in The Clone Wars arch Holocron Heist, Cargo of Doom, and Children of the Force. In this season two story, Cad Bane was retained by Darth Sidious to steal a Jedi Holocron from the Jedi Temple in order to access a kyber crystal with all of the personal information of children strong in the Force, and then to go kidnap children. There is a lot to unpack in these episodes.

Holocron Heist

Cad Bane retained the shape shifter Cato Parasitti to assume the identify (and shape) of Jedi Ord Enisence, who was murdered by Bane. Cad Bane and Cato Parasitti both committed trespassing in the Jedi Temple, which is entering property without the owner’s consent, which is why Parasitti’s shape shifting abilities were needed for the heist. Cal. Penal Code § 602(m). Once inside the Jedi Temple, Parasitti assumed the identify of Jocasta Nu. Parasitti assisted Bane by providing operational support from inside the Jedi Temple by accessing the Jedi computer system. The unauthorized computer access would be a computer crime under California law, because Bane and Parasitti were in a conspiracy to use the Jedi computer system both deceive through impersonating a Jedi and to wrongful control Jedi property by stealing a Holocron. Cal. Penal Code § 502(c)(1).

The law does not specifically address shapeshifters, but it does address false impersonation of another person:

Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d).

Cal. Penal Code § 528.5(a).

Parasitti impersonated both Ord Enisence and Jocasta Nu using electronic means (the computers in the Jedi Library) for the purpose of defrauding the Jedi of property (the aforementioned holocron). Without impersonating a Jedi, Parasitti would not have had access to the Jedi’s computer system.

If this was simply a case of taking library property, the fine for taking the holocron would be a fine of at least $50 but not more than $1,000. Cal. Penal Code § 490.5. However, this case is not one of simply taking a library book. The holocrons were kept in a vault with limited access only to the Jedi Counsel. The value of the holocron should exceed $950, making the criminal action grand theft. Cal. Penal Code § 487(a).

Cad Bane gained entrance to the Jedi Temple using stolen codes to get past a security shield. At a minimum, this is a trespass. However, since the Jedi Temple is inhabited by the Jedi (many live there), the elements for burglary are met, because the Cad Bane entered the Temple with the intent to commit grand or petit larceny. Cal. Penal Code § 459.

Cargo of Doom

The second episode in this three-part story opens with Jedi Bolla Ropal being held onboard a Separatist warship in energy bonds. Bane ordered Droids to inflict pain upon Ropal to compel him to open the kyber crystal containing personal identifiable information of Force sensitive children. This would meet the legal definition of torture, which is when a person (Bane) caused extreme pain for the purpose of persuasion of Ropal. Cal. Penal Code § 206. Bolla Ropal died from being tortured which would be first-degree murder. Cal. Penal Code § 189.

Cad Bane ultimately gained access to the kyber crystal, which allowed him to access an untold number of Force-sensitive children. If the Republic, or planet within the Republic had a data breach law like California’s, things would get messy fast. The fact Bane was able to access encrypted personal identifiable information, means that an unauthorized person accessed the data, which would require the Jedi to inform those whose data was breached. Cal Civ Code § 1798.29.

There was just one problem: the Jedi did not have the list of the Force-sensitive children within their control. They literally had to use the Force to figure out children who were potentially at risk.

Children of the Force

Darth Sidious is really bad with Younglings. Cad Bane’s scope of work was expanded to taking Force-sensitive children from their parents. Bane posed as a Jedi and took two children from their families. This is kidnapping, which is when any person who takes another person into another country, state, or county. Cal. Penal Code § 207.

Mustafar would be high on the list of where NOT to take a child under any circumstance.

The children were kidnapped in order for Darth Sidious to conduct medical experiments upon them (foreshadowing what ultimately would be Inquisitors in Star Wars Rebels). There is no way these experiments would have been legal. In order for any medical experiments to be authorized, the parents would have needed to give their informed consent, which would have needed to include the a) nature and purpose of the experiment; b) an explanation of the medical procedures; c) a description of the risks reasonably expected from the experiment; d) explanation of the benefits of the experiment; e) explanation of alternative procedures; f) be informed of the avenues of medical treatment, if any, available to the subject after the experiment if complications should arise; g) Be given an opportunity to ask any questions concerning the experiment or the procedures involved; h) be instructed that consent to participate in the medical experiment may be withdrawn at any time and the subject may discontinue participation in the medical experiment without prejudice; i) Be given a copy of the signed and dated written consent form; and j) be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision. Cal. Health & Safety Code § 24172.

The parents of the Force-sensitive children had no such opportunities, because their children were KIDNAPPED! Moreover, Darth Sidious took the position that if the children died, he lost nothing.

That is not the sort of guy you want as a babysitter.

The entire story arch of Darth Sidious retaining Cad Bane to murder, steal personal identifiable information, and kidnap children for medical experimentation, shows how “dark” the Dark Side is for achieving universal domination at any cost. These are great episodes and worthy of re-watching.