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Why not just have a crim-flag for rooms? If the flag is set on, then it's a room where people can get auto-arrested for commiting crimes. If it's set off, then they can't.
Either a room is populated enough that someone will notice a crime being committed, or it isn't, or maybe it's a place where everyone's a criminal and no one cares, or maybe it's a place that is sparsely populated, but the only VNPCs around are soldiers who are looking for criminals.
No matter "why" the person can or can't get arrested, it seems that flagging the room as either "arrestable" or "not arrestable" looks like it would solve the problem. Plus it can easily be toggled the other way if you decide to rewrite the room to reflect a plotline change in the area. Or even turn the flag off to allow for a plotline that would be ruined if it was turned on. Like a total exodus of soldiers to a neighboring area to combat the bad-guys.. in which case that area is now free of soldiers, allowing criminals to do their worst.
And then toggle it back on when the bad guys are dealt with and the soldiers return to their usual post.
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