¶ State of San Andreas
Penal Code
¶ Preamble
¶ Purpose
For the creation of a document that ensures the safety of the people of San Andreas and a fair, well-documented process for the enforcement of criminal penalties in the State of San Andreas as written in its laws and codes.
¶ Citing the Code
For consistency and to allow ease of understanding, please refer to penal code entries in one of three ways:
- With the full title, underlined, prefix first. For example, § 1-01. Intimidation or § 10-01. Attempt.
- With the prefix § x-xx. For example, § 1-01. or § 10-01.
- With the shortening code SAPC § X-XX. For example, SAPC § 1-01 or SAPC § 10-01
¶ Definitions
- A “Person” refers to any living human being or individual.
- A “Civilian” refers to any individual who is not an on-duty peace officer or national guardsman.
- A “Peace Officer” refers to an individual who is, through a badge, unique identifier, or other internal police protocol, an on-duty officer of the law. Police are expected to maintain appropriate internal policy to distinguish when an officer is on duty, plain clothes, and other states besides a typically uniformed officer.
- A “Government employee” refers to any on-duty employee of a local, state, or federal agency.
- A “Weapon” refers to any object, tool or item, whether or not regulated or manufactured, that a person utilizes to inflict harm, threaten harm, or utilize in lieu of a regulated or manufactured item that, when used as intended, can inflict harm.
- An “MDC” refers to the Mobile Database of Criminals, or the official State of San Andreas database system for criminal and personal identification and information.
- Specific punishment modifiers shall be defined in Title 10. Sentencing Enhancements.
- Specific code policies shall be defined in Title 12. Code Policy.
- "Stacking Charges" refers to a suspect committing a specific crime on multiple occasions or during multiple incidents. Each "stacked charge" or "count" of the crime will be added to the criminal's record and includes all related punishments, subject to SAPC § 10-00 Exceptions.
- Triple-asterisk (***) entries require a third party, whether the Governor, Department of Justice, a judge, or other party, to authorize usage.
- The age, gender, or mental state of your character has no bearing on your location of imprisonment or time of imprisonment.
¶ Title 0 - Governing Laws and Judiciary Structure
¶ § 0-01. Governing Law
The San Andreas Courts and Judiciary System is set forth herein by the State Constitution of the State of San Andreas under Article 03. The Constitution allows the Chief Justice of the San Andreas Supreme Court, if such person does not exist, the Chief Justice of the San Andreas Superior Court is allowed to do so.
¶ § 0-02. Court Structure
- The Supreme Court of the State of San Andreas is the highest court available in San Andreas. This Court has the discretion to select cases for review from all lower courts, and consists of a panel of 3 Justices in-place of a Jury. Also known as “Panel-Trial”.
This is known as the “Court of Last Resort” - San Andreas Superior Court is the original jurisdiction for civil and criminal cases in San Andreas. The Court hears any civil and criminal cases, on to which they deem worthy of the Court, however they do not have an exclusivity of that of the Supreme Court.
- District Court (of Blaine County or Los Santos) is the lowest jurisdiction and is the first tier within the Court System. This Court may hear any Traffic-Related Cases, Misdemeanor Cases, Family, Probate, Mental Health, and Juvenile Cases, as well as Civil Cases under a limit of $25,000
NOTES:
The first Court for any Non-Felony Crime is the District Court. The Superior Court may be used as an appellate court or an original jurisdiction court; in reference to matters of the whole state, felony, or civil cases more than $25,000. The Superior Court has the authority to kick original jurisdiction cases to a lower court to handle, even if normally they cannot hear a case. The Supreme Court is appellate only, and chooses cases only from the Superior Court.
¶ § 0-03. Manifestation of the Courts
- Any lawful court of San Andreas may have a direct manifestation of the Court and secondary or specialized manifestations of the court.
- The San Andreas Supreme Court has no direct manifestation.
- The San Andreas State Police is the direct manifestation of the San Andreas Superior Court and a specialized manifestation of the San Andreas Department of Corrections and Rehabilitation.
- The District Court of Blaine County has the direct manifestation of the Blaine County Sheriff’s Office; the Los Santos District Court has the direct manifestation of Los Santos with a specialized manifestation of the Los Santos Port Authority Police.
- The Federal Investigations Bureau is the manifestation of an alternative court system not used; they may send cases to the Supreme Court or Superior Court at the discretion of both the Court and the Bureau.
- The Judiciary System also coordinates in conjunction with the Governor and/or State’s Attorney; 4 “Cross-Department” Offices:
a. San Andreas Special Weapons and Tactics Team (SA SWAT)
b. San Andreas Joint Internal Affairs Bureau (JIAB)
c. San Andreas Justice Pursuance Office (SAJPO)
d. San Andreas Public Relations and Civilian Relations (SAPCR)
¶ § 0-04. Court Systems
- “Postea Judicia” - all cases including Traffic Violations, are handled In-Postea. Unless the case is deemed “Major” or “High Profile”, there is no need for anything prior to confinement.
- Prior to Confinement actions for the Court include:
- Request for No-Bail
- Request for Indefinite Incarceration
- Request for Permanent Confinement Pending Trial
- None of the above actions require testimony from the Defendant or a need to have their lawyer present, the motion is based on the merit of the State and the validity of the case.
- Prior to Confinement actions for the Court include:
- Typical Structure of a Criminal Case
- Person is incarcerated, after said incarceration, a lawyer may file for an appeal to the lowest court.
- A case is brought forth for the appeal., and a trial date set.
- Defendant and Prosecution must submit evidence, legal arguments,
- Trial Commences
- Verdict Given
- High Profile/Major Case Structure - any case can be attempted to be made into a major case with consent of both a State/District Attorney and a Department Executive. To which they will file a complaint in the Courthouse. The structure will follow:
- Request for Permanent Confinement Pending Trial
- Formal Complaint against the Accused Submitted
- Complaint Accepted/Denied by the Court
- Evidence, Witnesses, Lawyers are added to the Docket
- Depositions and Evidentiary Reviews are provided
- Trial Date Set
- Trial Occurs
- Verdict Given
- Case Closure
NOTES:
A Request for Permanent Confinement Pending Trial, does not guarantee that any Court will hear your case; the hearing is preliminary and based on merit. The review for a case is a deeper look into the case itself. If a case is dismissed or rejected, the Permanent Confinement will end, and a normal sentence is provided, or time served.
¶ § 0-05. Prison Systems
- Lawful Correctional Facilities are facilities that are authorized for use by the Courts and the Departments, typically under organization of the State. There is only 1 in San Andreas, this is Bolingbroke.
- The Federal Investigation Bureau has an Out-Of-Court (OOC) Jurisdiction detention facility which may be used in cases requiring “absolute” punishment.
- All prisoners are subject to the rules of the Prison, set forth by the Prison Management Board, which currently has the same members as the Parole Board. The Warden of the Prison, may incur further restrictions/policies within reason.
- Actions within the detention facility can affect duration of stay, release conditions, etc.
¶ § 0-06. Post-Prison Systems
- Probation can be used in-lieu of incarceration, however not mandatorily. Probation is conditional, meaning if probation guidelines are violated; the alternative will be brought forward; typically incarceration. Additional Restrictions can apply, the person on probation is responsible for knowing the terms.
- Standard Probation Terms:
- Submission to Random Drug/Alcohol Testing
- May not commit Federal, State, or Local Crime
- Must maintain gainful employment
- Avoidance of Places associated with Criminal Activity
- Avoidance of Persons associated with Criminal Activity
- No Possession of Drugs, Weapons, Paraphernalia or other illicit items
- Regular Check-Ins (Scheduled or Otherwise)
- Parole is conditional release from incarceration, on the promise of good behavior. A parole hearing is to be done in front of the Parole Board members.
- Standard Parole Terms:
- May not commit Federal, State, or Local Crimes
- Submission to Random Drug/Alcohol Testing
- Must maintain gainful employment and a residence
- Avoidance of Places associated with Criminal Activity
- Avoidance of Persons associated with Criminal Activity
- May not travel outside of San Andreas
- No Possession of Drugs, Weapons, Paraphernalia or other illicit items
- Regular Check-Ins (Scheduled or Otherwise)
- Subjection to Searches (Workplace, Person, Residence, Vehicle)
NOTES:
Parole Board Members are currently: All Justices of the San Andreas Supreme Court, President Judge of the San Andreas Superior Court, Leading Magistrate of a lower court, Warden of Bolingbroke Penitentiary, Commissioner of the San Andreas State Police, County Sheriff of Blaine County, Chief of Police of the Los Santos Police Department, and Chief of Police Operations for the Los Santos Port Authority Police.
¶ § 0-07. Non-Prison Systems
- Any fully traIned officer is entitled to use the Community Service in place of a misdemeanor jail sentence, department regulations may further restrict usage of this.
NOTES:
The Community Service maximum is 50 months. Community Service may not be used in conjunction with Jail Time, however may be used with probation/parole.
¶ § 0-08. Court Contingencies
- The Principle Judiciary figure, if such a position does exist; may alter the trial/courtroom procedures of their court under the discretion of a higher court, should one exist.
¶ Title 1 - Crimes Against The Person
¶ § 1-01. Intimidation
- A person who communicates to another that they will physically harm or kill such other, placing such other in a reasonable state of fear for their own safety.
- A person who communicates that they will physically harm or kill another person’s close friends or relatives.
- Such communication can be not just verbal, but also in writing or transmitted through other media.
Penal Code § 1-01 is a misdemeanor punishable by imprisonment.
NOTES:
Intimidation differs from assault in terms of the distance between the acts. Intimidation can occur across the street, while assault is up close, within reach of leading to battery. Intimidation replaces criminal threats.
¶ § 1-02. Assault
- A person who intentionally puts another in the reasonable belief of imminent
physical harm or offensive contact.
Penal Code § 1-02 is a misdemeanor punishable by imprisonment.
NOTES :
Assault is defined by distance the threats occur. Someone a few feet away threatening to harm or kill you at any moment is assault. Intimidation is less severe as there’s a distance that someone can escape through, or that the perpetrator has more time to reconsider the threat. Any unwanted physical contact is considered to be battery, however grabbing someone during a threat may be either assault or battery, depending on intention and interpretation.
¶ § 1-03. Assault With A Deadly Weapon
1.A person who attempts to cause or threaten immediate harm to another while using
a weapon, tool, or other dangerous item to communicate that threat.
Penal Code § 1-03 is a felony punishable by imprisonment.
NOTES:
Assault With A Deadly Weapon matches the description of Assault, but the perpetrator also has a weapon or tool being used to communicate or facilitate that violence or fear. See Assault for additional notes. Any act of Intimidation with a weapon is considered Assault With a Deadly Weapon, but they must be visibly seen for this to count.
¶ § 1-04. Battery
- A person who uses intentional and unlawful force or violence to cause physical harm to another person.
Penal Code § 1-04 is a misdemeanor punishable by imprisonment.
NOTES:
- Battery is defined as the moment aggressive physical contact occurs. The first punch or two would be Battery. To keep punching and fighting extensively afterward is Aggravated Battery. Grabbing someone may be either assault or battery, depending on the circumstances. Discharging bodily fluids onto another without their consent is considered battery.
¶ § 1-05. Aggravated Battery
- A person who uses great or continued force or violence against another person.
Penal Code § 1-05 is a misdemeanor punishable by imprisonment.
NOTES:
Aggravated Battery is the continued violence or battery against an individual, such as an ongoing fight or brawl, that doesn’t lead to severe bodily harm or life threatening injury.
¶ § 1-06. Attempted Murder
- A person who deliberately and intentionally attempts to kill or cause life threatening harm to another person through premeditated actions.
- A person who, by criminal accident, negligence, or in the heat of passion, causes severe or life threatening bodily harm to another person.
Penal Code § 1-06 is a felony punishable by imprisonment.
If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
NOTES::
Attempted Murder is a catch-all for any action that leads to severe bodily harm. It's range in imprisonment is intended to account for when such severe harm is premeditated or accidental.
For accidents and negligence there must be evidence of foul play, criminality in the instance, or some other factor beyond a truly accidental incident. For example, injuring someone while speeding or intoxicated.
Aggravated Battery is much less severe and would not, for example, leave someone in a coma or brutally wounded. There is however also no guarantee that being brutally wounded means attempted Murder as it depends on how the situation is “played out”.
¶ § 1-07. Manslaughter
- A person who unintentionally kills another, with or without a quarrel or heat of passion.
- A person who, through a criminal accident or negligence, causes someone's death.
Penal Code § 1-07 is a felony punishable by imprisonment.
If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
NOTES:
Manslaughter is murder that is not premeditated or proven to have intent or an opportunity to pause and reflect on killing that person. An opportunity to reflect (and therefore possibly change your mind) demonstrates premeditation and is murder. Manslaughter is only charged in the penal code when some sort of criminal negligence or action can be proven. Killing someone while driving drunk is manslaughter. Accidentally killing someone who jaywalks outside of a crosswalk is not criminal.
¶ § 1-08. Murder
- A person who unlawfully kills another with malice aforethought
- A person who commits murder while engaging in a felony offense that has been proven to be a premeditated act.
Penal Code § 1-08 is a felony punishable by imprisonment.
NOTES:
Murder is defined clearly by a person’s premeditated forethought or plan to commit the murder. Manslaughter happens in a heat of passion, by criminal negligence or accident, or for some other incident that is not expected. The only exception to this is when someone commits a planned felony, such as planning to commit an arson. If someone dies as a result of the premeditated arson, it is no longer manslaughter and instead murder.
¶ § 1-09. False Imprisonment
A person who detains or arrests another without their consent (or the consent of their guardian) without premeditated intent or ransom for less than one hour. A person who performs an unlawful citizen’s arrest.
Penal Code § 1-09 is a felony punishable by imprisonment.
If committed against a minor the perpetrator is punishable by the maximum sentence.
NOTES:
False Imprisonment is when someone is held against their will for less than one hour, without any premeditated intent (such as a plan to kidnap someone) or when there is no intention to ransom the individual.
Citizens Arrest is a limited tool (defined elsewhere in the penal code) to hold individuals while awaiting police custody. Doing this unlawfully is considered a False Imprisonment.
¶ § 1-10. Kidnapping
- A person who detains or arrests another without their consent (or the consent of their guardian) with the premeditated intent to do so.
- A person who detains or arrests another without their consent (or the consent of their guardian) for more than one hour.
- A person who detains or arrests another without their consent (or the consent of their guardian) with the intent or decision to hold that individual for ransom of any kind.
Penal Code § 1-10 is a felony punishable by imprisonment.
If committed against a minor the perpetrator is punishable by the maximum sentence.
NOTES:
Kidnapping is defined by a more egregious act of False Imprisonment. Kidnapping is when the False Imprisonment is premeditated or planned, done for ransom (any reward or action in return for the person’s safe return,) or for more than one hour, regardless of intent.
¶ § 1-11. Torture***
- A person who intentionally causes extreme pain and suffering to someone. A person who causes pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.
Penal Code § 1-11 is a felony punishable by imprisonment.
NOTES:
Torture is in many ways a penal code entry to enhance other charges. Torture can be added to any change in an instance where Torture took place while, or along with, the crime being
committed. It is not automatically applied to charges that may be considered Torture (such as an Arson that leads to Murder) unless there is the demonstration of the perpetrator torturing someone specifically in that act of Arson. Ultimately it is up to police to use this charge responsibly.
¶ Title 2 - Crimes Against Property and Profiteering
¶ § 2-01. Arson
- A person who intentionally and maliciously sets fire to or burns any structure, forest land, or property without prior authorization.
- A person who intentionally aids, counsels, or helps facilitate the burning of any structure, forest land, or property without proper authorization.
- A person who, through criminal accident or negligence, causes a fire to burn any structure, forest land, or property.
Penal Code § 2-01 is a felony punishable by imprisonment.
If occurring by accident or negligence, the perpetrator shall receive the minimum sentence.
NOTES:
Arson’s criminality is when someone intentionally creates or helps create a fire, as it can easily grow out of control and cause death. It is up to the Fire Marshal’s Office and investigating Law Enforcement Agency jointly to prove an arson was malicious and therefore criminal. Negligence or accident can be included if it is proven criminal in nature.
¶ § 2-02. Trespassing
A person who enters another’s property while it is closed or not in operation without the expressed or written permission to do so.
A person who enters the restricted area of an open facility or property as defined and clearly marked by the property manager without the expressed or written permission to do so.
This cannot stack with § 2-03. Trespassing within a Restricted Facility.
This crime cannot stack with any form of Burglary
Penal Code § 2-02 is a misdemeanor punishable by $3,000.
- This falls under Officer Discretion. *
NOTES:
Trespassing refers to anyone who is told to leave and refuses to do so, but lacks any intention of committing a crime or other malice aforethought or action. Burglary is a far more severe act of trespassing as it comes with evidence of criminal intent. If police close down a public space it is trespassing to enter that public space without their authorization. The same applies if a typically public space is temporarily closed.
¶ § 2-03. Trespassing within a Restricted Facility
- A person who, without proper authorization, enters any government owned or managed facility that is secured with the intent of keeping ordinary citizens outside.
- Such facilities include (but are not limited to) correctional institutions, military encampments, and federally restricted spaces.
- This does not apply to local facilities, such as restricted areas within police stations, hospitals, and courthouses.
- This charge cannot stack with § 2-02. Trespassing
- This charge cannot stack with any form of Burglary.
Penal Code § 2-03 is a felony punishable by imprisonment.
This falls under Officer Discretion
NOTES:
Trespassing a restricted facility is assumed to have criminal intent akin to burglary, so it cannot stack with burglary even as it is still a severe and appropriate punishment.
¶ § 2-04. Burglary
- A person who enters into the locked or restricted property of another without their permission with the intention of committing a crime, typically theft.
- This crime cannot stack with any form of Trespassing.
Penal Code § 2-04 is a misdemeanor punishable by imprisonment.
NOTES:
Burglary can include homes, apartments, offices, vehicles or any locked space with restricted access. Burglary is also committed irrelevant if any theft or other crime takes place. A less severe act of burglary is trespassing, which would account for instances where there is no intent to commit a crime, no locked door or other physical restriction.
¶ § 2-05. Possession Of Burglary Tools
- A person who has in their possession the appropriate combination of tools necessary to commit burglary, such as a tension bar along with a screwdriver, shimmy, or other appropriate items.
Penal Code § 2-05 is an felony punishable by imprisonment
NOTES:
It must be demonstrated that the person has a certain combination of these tools or in an appropriate context that would assume their usage in burglary. Having a screwdriver is not punishable alone, but a screwdriver, along with a tension bar, is punishable.
¶ § 2-06. Robbery
- A person who takes property from the possession of another against their will, by means of force or fear, such as through intimidation, assault or battery.
This charge cannot stack with § 2-07. Armed Robbery.
Penal Code § 2-06 is a felony punishable by imprisonment with any charges associated with the robbery attempt.
NOTES:
Robbery stacks with any Title 1 crimes that are attempted during the Robbery. It cannot stack with Armed Robbery, which is when the force, intimidation, or fear involves a dangerous weapon.
¶ § 2-07. Armed Robbery
- A person who takes property from the possession of another against their will, by means of force facilitated with a weapon or with an item used as a weapon.
- This charge cannot stack with § 2-07. Armed Robbery.
Penal Code § 2-07 is a felony punishable by imprisonment to any charges associated with the armed robbery attempt.
NOTES:
Armed Robbery stacks with any Title 1 crimes that are attempted during the robbery. It cannot stack with Robbery.
¶ § 2-08. Petty Theft
- A person who steals or takes the personal property of another worth $3,000 or less.
- A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling less than $3,500 in value.
Penal Code § 2-08 is a misdemeanor punishable by a fine of $500.
This falls under Officer Discretion.
¶ § 2-09. Theft
- A person who steals or takes the personal property of another worth more than $1,500 but less than $10,000.
- A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling more than $3,500 but less than $20,000 in value.
Penal Code § 2-09 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 2-10. Grand Theft
- A person who steals or takes the personal property of another worth more than $10,000.
- A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling more than $10,000 in value.
Penal Code § 2-10 is a felony punishable by imprisonment.
NOTES:
Grand Theft does stack with Theft.
¶ § 2-11. Grand Theft Auto
- A person who commits the theft of any motor vehicle, no matter the value.
- A person who illegally enters any parked vehicle’s driver seat.
- A person who a unlawfully enters a vehicle.
This charge cannot stack with any form of Trespassing or Burglary.
Penal Code § 2-11 is a felony punishable by imprisonment.
NOTES:
Grand Theft Auto does stack with theft, but not burglary or trespassing.
¶ § 2-12. Grand Theft Of A Firearm
A person who commits theft of any firearm, no matter the value or whether it is registered.
Penal Code § 2-12 is a felony punishable by imprisonment.
NOTES:
Grand Theft Of A Firearm does stack with Theft.
¶ § 2-13. Receiving Stolen Property
- A person who knowingly buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion.
Penal Code § 2-13 is a misdemeanor punishable by imprisonment.
NOTES:
If an officer can prove that the individual should have known the item was stolen based on outside factors, such as the price or quality, or any sort of common knowledge, then the person can be charged.
¶ § 2-14. Extortion
- A person who intimidates or influences another to provide or hand over properties or services.
- A person who utilizes or threatens their power or authority with demonstrated malice aforethought in order to compel action by another.
- A person who utilizes privileged information to intimidate another for certain property or services.
Penal Code § 2-14 is a felony punishable by imprisonment.
NOTES:
Extortion depends on a person or organization using its authority, power, or influence to intimidate and threaten someone in return for property or services. Property may be demanding money to keep quiet or demanding a certain personal payment to prevent a strike. Extortion may serve in lieu of corruption depending on the circumstances, or if it involves a private organization. A union threatening a strike or collective worker action is NOT extortion unless a specific leader or member is being paid to influence union operations.
¶ § 2-15. Forgery
- A person who knowingly alters, creates, or uses a written document with the intent to defraud or deceive another.
- A person who knowingly signs a document or agreement, electronic or otherwise, without the consent or authority of whom they are signing for.
Penal Code § 2-15 is a misdemeanor punishable by imprisonment.
¶ § 2-16. Fraud
- A person who intentionally misrepresents a matter of fact - whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed - that deceives and is intended to deceive another so that such other will act upon it to their disadvantage.
Penal Code § 2-16 is a felony punishable by imprisonment.
¶ § 2-17. Vandalism
- A person that defaces, damages, or destroys property which belongs to another.
Penal Code § 2-17 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ Title 3 - Crimes Against Public Decency
¶ § 3-01. Lewd Or Dissolute Conduct In Public
- A person who solicits anyone to engage in inappropriate sexual or sexually suggestive conduct in any public place or in any place open to the public or exposed to public view.
- A person who engages in inappropriate sexual or sexually suggestive conduct in any public place or in any place open to the public or exposed to public view.
- A person who solicits sexual activity in a public place or any place open to public view.
Penal Code § 3-01 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
NOTES:
Lewd or Dissolute Conduct refers to actions that are not necessarily Indecent Exposure, but can presumably involve or lead to Indecent Exposure. Suggestive motions or gestures in bathroom stalls or other areas that are considered indecent but not naked or involve genitalia is Lewd Or Dissolute Conduct. This also applies for Indecent Exposure in areas like restrooms which involve your genitalia.
¶ § 3-02. Indecent Exposure
- A person who intentionally exposes their naked body or genitalia on public property or in the public area of a privately owned business.
- A person who intentionally exposes their naked body or genitals to another person without that person's consent.
- A person who intentionally exposes their naked body or genitalia on private property without permission of the property owner.
- A person who engages in sex or other sexual activity in a plia in the view of a minor.
Penal Code § 3-02 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
If committed knowingly in the presence of a minor, the perpetrator shall receive the maximum sentence.
NOTES
Private parties / reservations in public areas are considered public events that can be restricted and therefore permit naked bodies. It is when it is in a public area or exposed to children that it is indecent exposure. Genitalia does not include breasts. Assume below the belt exposure.
¶ § 3-03. Prostitution
A person who knowingly engages in or offers to engage in a sexual act in exchange for payment or other goods and services.
Penal Code § 3-03 is a felony punishable by imprisonment.
NOTES
Anyone who cannot be proven to commit prostitution may charged with Indecent Exposure or Lewd or Dissolute Conduct depending on the circumstances. Prostitution punishes the payee. The payor is charged with Indecent Exposure or Lewd Conduct.
¶ § 3-04. Pandering / Pimping
A person who solicits or advertises, aids or provides transport or supervises persons involved in prostitution and retains some or all of the money earned.
Penal Code § 3-04 is a felony punishable by imprisonment.
¶ § 3-05. Sexual Assault
A person who commits verbal abuse for the purpose of sexual arousal, gratification, or abuse.
A person who threatens imminent harm or nonconsensual sexual contact or puts another under the belief of imminent harm or nonconsensual sexual contact.
Penal Code § 3-05 is a misdemeanor punishable by imprisonment.
¶ § 3-06. Sexual Battery
A person who commits unwanted touching or sexual contact.
A person who causes battery or similar aggressive physical contact for the purpose of sexual arousal, gratification, or abuse.
Penal Code § 3-06 is a felony punishable by imprisonment.
¶ § 3-07. Rape
A person who forces another to engage in sexual intercourse.
A person who performs non consensual sexual intercourse with another.
A person who performs sexual intercourse with another who is incapacitated, disabled, or unable to give consent.
Penal Code § 3-07 is a felony punishable by imprisonment.
§ 3-08. Statutory Rape
A person who engages in mutually-interested sexual intercourse with another who is under the age of 16 and therefore cannot give legal consent.
Penal Code § 3-08 is a felony punishable by imprisonment.
NOTES
A person who engages in sexually explicit activity with another who is under the age of 16 is subject to to § 3-08. Statutory Rape.
¶ § 3-09. Stalking
A person who intentionally and maliciously follows or harasses another person who has made it known that they do not consent to such following or harassment,
A person whose actions cause another person to reasonably fear for their safety, or the safety of their close friends or relatives.
A person who violates an official restraining order issued by a court.
Penal Code § 3-09 is a felony punishable by imprisonment.
If the perpetrator violated a restraining order, they shall receive the maximum sentence
¶ Title 4 - Crimes Against Public Justice
¶ § 4-01. Bribery
A person who offers or gives a monetary gift, gratuity, valuable goods, or other reward to a public official, government employee, or peace officer in an attempt to influence their duties or actions.
A person who gives services or nonmaterial, but valuable actions to a public official, government employee, or peace officer in an attempt to influence their duties or actions.
Penal Code § 4-01 is a felony punishable by imprisonment.
¶ § 4-02. Failure To Pay A Fine
A person who fails to pay a fine or court ordered fee within clearly stated and allotted time period.
Typically most fines carry a 3 day payment period unless stated otherwise by the issuer.
A person CAN be given the opportunity to pay all fines in lieu of being arrested when being approached.
This charge may not be stacked for each fine that is unpaid at the time of arrest.
Penal Code § 4-02 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 4-03. Contempt of Court***
A person who willfully disobeys the verbal or written order of a court authority, disrespects the decorum of the court, or otherwise infringes upon due process.
This charge can only be issued by a judge or agent of a court.
Penal Code § 4-03 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
NOTES
The Contempt of Court charge is an imprisonment set by a judge relative to a particular court case and the actions committed by the individual disobeying court orders and activities. This is different from § 4-04. Subpoena Violation which has to do with official paperwork or documents.
¶ § 4-04. Subpoena Violation
A person who ignores or violates a subpoena order issued by the Courts.
A person who ignores or violates a request by the courts to be present at a hearing.
A person who ignores or disobeys an official document issuing orders or actions by a court.
A person in violation of a court injunction or other government operation.
Penal Code § 4-04 is a misdemeanor punishable by imprisonment.
¶ § 4-05. Dissuading A Witness Or Victim
A person who knowingly and maliciously prevents or encourages any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law with the use of bribery, fear, or other tactics.
A person who prevents the distribution, completion, answering, or due process of an affidavit or other legal statement.
Penal Code § 4-05 is a felony punishable by imprisonment.
¶ § 4-06. False Information To A Government Employee
A person who provides false information or details to a police officer during the course of a criminal investigation or lawful detainment.
A person who provides knowingly inaccurate data to a government employee investigating in some official capacity.
This charge cannot stack with § 4-08. Perjury.
Penal Code § 4-06 is a misdemeanor punishable imprisonment.
This falls under Officer Discretion.
¶ § 4-07. Filing A False Complaint
A person who knowingly files a false complaint, statement, document, or representation with any organization regarding the conduct, job performance, or behavior of a public official or employee for the purpose of initiating false administrative action against that official.
Penal Code § 4-07 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 4-08. Perjury
A person who knowingly provides false information while under oath in a court of law
A person who knowingly provides false information as part of an affidavit, testimony, court-ordered deposition, or document with a statement signifying its authenticity under penalty of perjury.
This charge cannot stack with § 4-06. False Information To A Government Employee.
Penal Code § 4-08 is a felony punishable by imprisonment.
¶ § 4-09. Failure To Identify To A Peace Officer
A person who, while being detained or under arrest by a peace officer, fails to provide a peace officer or other legal authority their name as it appears on an I.D. card or other identifiable information for MDC purposes.
Penal Code § 4-09 is a misdemeanor punishable by imprisonment.
This falls under Office Discretion.
NOTES:
As per § 12-11. Maximum Imprisonment someone who fails to identify and provide a way to properly charge them, and who can be identified through no other means, will be imprisoned until they identify themselves, after which this charge, plus all applicable charges, can be placed on their record and their sentence adjusted.
¶ § 4-10. Impersonation Of A Government Employee
A person who pretends or implies the role of a government worker, such as a peace officer, paramedic, tax collector, federal investigator, or other official.
A person who wears an official or realistic government employee uniform with an official or realistic badge or identification tag except on an official, legally sanctioned movie or production set.
A person who claims to be a government worker in order to deceive or take advantage of another individual or organization.
Penal Code § 4-10 is a misdemeanor punishable by imprisonment.
¶ § 4-11. Obstruction Of A Government Employee
A person who shows a clear and motivated attempt to prevent a government employee from conducting their duties.
A person who fails to comply with an officer's lawful orders.
A person who, after being issued a ticket, citation, or infraction, continues to violate such law and ignore an officer’s orders.
Penal Code § 4-11 is a misdemeanor punishable by imprisonment.
NOTES:
A government employee would need to contact a peace officer to get the charge of Obstruction issued.
¶ § 4-12. Resisting A Peace Officer
A person who avoids apprehension from an officer by non-vehicular means or resists apprehension by any physical means.
This charge does not include the attempt to flee and elude by vehicular means, which is § 8-02. Evading a Peace Officer.
Penal Code § 4-12 is a misdemeanor punishable by imprisonment.
¶ § 4-13. Escape From Custody
A person who has been physically detained by use of restraints or physical force by a peace officer and escapes from said Peace Officer’s personal custody, resulting in a warrant or APB being needed to apprehend the suspect.
Until a warrant or APB is placed, this incident is classified as § 4-12. Resisting a Peace Officer.
Penal Code § 4-13 is a felony punishable by imprisonment in addition to any outstanding charges on an individual who commits an escape.
¶ § 4-14. Escape
Any person arrested, booked, charged, or convicted of any crime who thereafter escapes from a county or city jail, prison, community service, or custody of a Correctional or Parole Officer.
Penal Code § 4-14 is a felony punishable by imprisonment to any outstanding charges on an individual who commits an escape.
¶ § 4-15. Prisoner Breakout
A person who directly aids or assists an inmate with escaping from the law, including the lawful custody of a peace officer, prisoner transport, parole, community service, or incarceration in a county jail or state prison.
A person who provides information or insights that subsequently assist an inmate with escaping from the law.
Penal Code § 4-15 is a felony punishable by imprisonment.
¶ § 4-16. Human Trafficking
A person who intentionally smuggles non-citizens into the state without proper visas and authorization.
A person who intentionally restricts another’s liberty with intent for forced labor or sex trafficking, or other forced activities.
This charge does not stack with § 1-10. Kidnapping
Penal Code § 4-16 is a felony punishable by imprisonment.
¶ § 4-17. Misuse Of A Government Hotline
A person who uses an emergency government hotline for any purpose other than an emergency situation which involves a life-or-death request for assistance or other purposes dictated by the hotline managers.
A person who uses any non-emergency or public hotline for purposes irrelevant to that particular government office, department, or agency.
A person who performs prank calls, fake calls, or tries to incite mayhem through public government lines
Penal Code § 4-17 is an infraction of $1,500.
Upon the third offense Penal Code § 4-17 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 4-18. Tampering With Evidence
A person who destroys or attempts to destroy, conceal, or alter any evidence that can later potentially be used in a Criminal investigation or court proceeding.
Penal Code § 4-18 is a felony punishable by imprisonment.
¶ § 4-19. Introduction Of Contraband
A person who provides contraband to an inmate of a correctional facility, or attempts to enter a facility with the intent to illegally transport contraband within it.
Penal Code § 4-19 is a felony punishable by imprisonment.
¶ § 4-20. Violation Of Parole Or Probation
A person who willfully violates the terms of a probation or parole agreement.
Penal Code § 4-20 is a felony punishable by imprisonment in addition to the inmate’s current Sentence.
This falls under discretion of the parole officer.
¶ § 4-21. Voter Fraud / Voter Pandering
An individual who dissuades or influences official voting outcomes through illicit, illegal, or unethical manners.
Penal Code § 4-21 is a felony punishable by imprisonment.
¶ § 4-22. Corruption Of Public Duty
A government employee who acts outside the interests of the public good or public justice.
A government employee who demonstrates criminal negligence in their duties.
A government employee convicted by the Department of Justice for committing a felony while on duty.
Penal Code § 4-22 is a felony punishable by imprisonment as well as referral to their respective Human Resources or Internal Affairs Department(s).
¶ § 4-23. Corruption Of Public Office
A person who acts outside the interests of the public good, public justice, or duties of those in public office.
Penal Code § 4-23 is a felony punishable by imprisonment.
¶ Title 5 - Crimes Against Public Peace
¶ § 5-01. Disturbing The Peace
A person who creates a dangerous or intimidating situation in a public place or in the public area of private property.
A person who attempts to provoke, incite, or promote harm to another person through gestures, language, claims, actions, or other methods.
A person whose profanity, language, voice, or noise reasonably disturbs nearby civilians or intends to incite violence.
Penal Code § 5-01 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion
¶ § 5-02. Unlawful Assembly
A person, without proper permits or authorization, who refuses to leave public property or clear a street or passageway after being ordered to do so by its state agency property manager or a peace officer.
A person who refuses to leave the scene of a crime or other area after being ordered to so whose presence could hinder police operations.
A group that fails to protest or demonstrate peacefully in a designated “free speech zone” or without proper permits or authorization from the city.
A person who refuses to leave private property they were invited to access after being instructed to do so by the property owner or manager.
This charge cannot stack with Trespassing of any kind. This charge also cannot stack with § 5-02. Obstruction Of A Government Employee when charged in relation to public property
Penal Code § 5-02 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 5-03. Incitement To Riot
A person whose actions deliberately agitates or intends to agitate a crowd or large group of people organized or located peacefully in a public or private area in order to promote acts of violence or civil unrest.
A group of people who could be reasonably identified by a peace officer to be gang members whose actions in a public area intend to incite violence, encourage mayhem, or promote civil unrest.
Penal Code § 5-03 is a felony punishable by imprisonment.
This falls under Officer Discretion.
¶ § 5-04. Vigilantism
A person who attempts to effect justice according to their own understanding of right and wrong, or an unauthorized person attempts to enforce the law. A citizen's arrest may only be effected when a civilian, out of fear for their own safety or the safety of their close friends or relatives, subdues or detains another who is violating the law.
A person who attempts a citizen's arrest or other vigilante justice in the vicinity of a peace officer or other authority who could otherwise carry out a legal arrest, whether or not a lawful Citizen’s Arrest.
A person who violates § 12-10. Good Samaritan Clause.
Penal Code § 5-04 is a felony punishable by imprisonment.
NOTES:
Vigilantism does not apply when a law enforcement officer in the vicinity is in need of immediate assistance, and a civilian aids such officer - for example, helping an officer apprehend an unarmed resisting suspect by holding him down.
¶ Title 6 - Crimes Against Public Health And Safety
¶ § 6-01. Possession Of A Controlled Substance
A person who possesses any controlled substance, except when the substance has been lawfully prescribed to them by a licensed practitioner of medicine or is legally available without a prescription.
NOTES:
Schedule I drugs refers to cannabis, LSD, ecstasy, heroin, and peyote. Schedule II refers to cocaine, methamphetamine, oxycodone, Vicodin, or other hydrocodone drugs. Schedule III refers to ketamine, anabolic steroids, and testosterone. Schedule IV and V refers to Xanax, Talwin, Tramadol, Robitussin AC, Motofen, and Lyrica.
Penal Code § 6-01 is a misdemeanor or a felony (depending on schedule) punishable by imprisonment.
This falls under Officer Discretion.
¶ § 6-02. Possession Of A Controlled Substance With Intent To Sell
A person in possession of a controlled substance or multiple controlled substances in an amount of over one ounce (20 grams)
Each drug (xx/xx) within inventory is considered 1 gram.
Penal Code § 6-02 is a felony punishable for every half-ounce (14 grams) of total controlled substances in possession upon arrest. Total possession is rounded up to the nearest half-ounce if the perpetrator has more than 20 grams.
NOTES:
At 20 grams or higher, for every 14 grams in total possession. If the perpetrator has, for example, 60 grams, which is 2 ounces and 4 grams, charge them, which is four half-ounce increments (56 grams) and rounded up for the last half ounce (the next 14 grams or less.)
¶ § 6-03. Possession Of Drug Paraphernalia
A person who willingly possesses a device or mechanism used exclusively for the processing or consumption of an illegal controlled substance.
Penal Code § 6-03 is a misdemeanor punishable by imprisonment.
¶ § 6-04. Maintaining A Place For The Purpose Of Distribution
A person who opens or maintains any property for the purpose of unlawfully selling, giving away, storing, or using any controlled substance, firearm, or other illicit device, good, or service.
.
Penal Code § 6-04 is a misdemeanor punishable by imprisonment.
¶ § 6-05. Manufacture Of A Controlled Substance
A person who, except as otherwise provided by law, manufactures, compounds, converts, produces, or prepares, either directly or indirectly by chemical or natural extraction, any illegal substance.
Penal Code § 6-05 is a felony punishable by imprisonment
¶ § 6-06. Sale Of A Controlled Substance
A person who sells, or offers to sell, a controlled substance to another person, regardless of whether or not they possess that controlled substance.
Penal Code § 6-06 is a felony punishable by imprisonment.
NOTES:
Since it’s irrelevant of possession, this charge can indeed stack with whatever the present
possession of a drug is on someone if they are in fact also in illegal possession of a controlled substance. This means anyone caught selling a controlled substance is also charged with whatever possession they currently have too.
¶ § 6-07. Possession Of An Open Container
A person who possesses an visible and open container of alcohol in a public place or in a motor vehicle.
Penal Code § 6-07 is an infraction of $1,000.
¶ § 6-08. Public Intoxication
A person who is found in any public place under the influence of intoxicating liquor,
A person in a condition that they are unable to exercise care for their own safety or the safety of others
A person who's clearly under the influence of alcohol and causes a disturbance or conflict at a private event and refuses to leave or comply with the owner’s wishes.
Penal Code § 6-08 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 6-09. Under The Influence Of A Controlled Substance
A person who uses or is under the influence of a controlled substance or dangerous substance without the proper permits or prescription to use such a substance.
Penal Code § 6-09 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 6-10. Facial Obstruction While Committing A Crime
A person who wears any mask, hood, or facial obstruction to conceal their identity in any public place that refuses to remove the obstruction upon order of a peace officer. This does not apply to individuals wearing traditional holiday costumes, or individuals wearing protective facial equipment for professional trades or employment.
A person who wears any mask, hood, or facial obstruction while committing a crime, regardless of the purpose of the obstruction.
Penal Code § 6-10 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 6-11. Terrorism***
A person who, uses systematic threats or actions against the public good to cause fear and intimidation at a grand scale.
A person who commits an attack or threatens an attack on a major public or private facility, such as a office complex, stadium, public transportation system, bridge, or other such structure.
This charge can only be issued at the order of the Governor, Lieutenant Governor, Commissioner of State Police, Attorney General or Chief Justice.
Penal Code § 6-11 is a felony punishable imprisonment.
NOTES:
This charge requires an in-game admin to be approved in lieu of the Governor.
¶ Title 7 - Crimes Against State Dependents
¶ § 7-01. Animal Abuse / Cruelty
A person who intentionally maims, mutilates, tortures, wounds, or kills a living animal.
A person whose neglect maims, mutilates, tortures, wounds, or kills a living animal.
A person who owns a pet or animal that is not reasonably considered domesticated, safe, or healthy for the animal or the owner, without a proper permit.
Penal Code § 7-01 is a felony punishable by imprisonment.
If the act of abuse was due to neglect or the result of an accident caused by neglect or ignorance the offender shall receive the minimum sentence.
If the animal was a police-trained animal during active duty, whether or not intentional, the offender shall receive the maximum sentence.
NOTES:
"Domesticated" refers to animals listed in this list of domesticated and semi-domesticated animals.
¶ § 7-02. Child Abuse
A person who willfully inflicts any cruel, excessive, or inhuman corporal punishment upon a child under 18 years of age.
A person who willfully inflicts an injury to a child under 18 years of age, resulting in traumatic harm.
A person who causes traumatic injury to a child under 18 years of age due to their negligence.
Penal Code § 7-02 is a felony punishable imprisonment.
If the act was caused by negligence the individual shall receive the minimum sentence.
¶ § 7-03. Sale of Alcohol To A Minor
A person who willfully and knowingly sells alcohol to a minor under the age of 21.
Penal Code § 7-03 is a misdemeanor punishable by imprisonment.
¶ § 7-04. Minor Alcohol Violation
A minor under the age of 21 who is in possession of alcohol for consumption, products for consumption containing alcohol, or appears to be under the influence of alcohol.
Penal Code § 7-04 is an infraction punishable by a fine of $1,500 and sending of the minor to their parent's or guardian's home.
¶ Title 8 - Vehicle Code
¶ § 8-00. Limitations
All Vehicle Offenses under Title 8 have a policy of being charged once for each vehicle a person uses or effects for each road law incident that takes place. Please see Penal Code § 11-00 for details on the definition of a road law incident. Please also note that these charges, while considered an extension of the policies and procedures for Title 11. Road Law, do not adhere to the limitations in times or fines under Title 11. Road Law.
§ 8-04. Hit and Run can be charged for each vehicle that a driver or pedestrian commits hit and run upon. All other charges in Title 8 are charged for each vehicle the perpetrator commits the violation within. Changing vehicles during a pursuit for example can lead to two charges of § 8-02. Evading a Peace Officer, etc.
¶ § 8-01. Driving With A Suspended License
A person who drives a vehicle, whether on land, sea, or in air, while having a suspended license or authorization.
Penal Code § 8-01 is a misdemeanor punishable by imprisonment.
¶ § 8-02. Evading A Peace Officer
A person who, while operating a vehicle on land, sea, or in air, or while operating a bicycle, willfully flees or otherwise attempts to elude or avoid a pursuing peace officer who communicates visually or audibly their request to pull over or stop.
This charge does not include the attempt to flee and elude by foot, which is § 4-12. Resisting a Peace Officer.
Penal Code § 8-02 is a felony punishable by imprisonment.
¶ § 8-03. Flying Without A Pilot's License
A person operating an aircraft without a proper license or authorization.
Penal Code § 8-03 is a misdemeanor punishable by imprisonment.
¶ § 8-04. Hit And Run
A person who hits another person or occupied vehicle and leaves the scene of the accident.
Penal Code § 8-04 is a felony punishable by imprisonment.
NOTES:
This charge can be applied for each instance of hit and run occurring over the course of a road law incident.
¶ § 8-05. Reckless Operation Of An Aircraft
A person who demonstrates careless or general disregard for the safety of themselves or others while operating an aircraft.
A person who performs stunts or dangerous aeronautical maneuvers while over populated areas or while dangerously close to other aircraft.
A person who fails to give appropriate distance or clearance to another aircraft in operation.
Penal Code § 8-05 is a misdemeanor punishable by imprisonment, as well as revocation of the person’s license to fly.
¶ § 8-06. Reckless Operation Of An Off-Road Or Naval Vehicle
A person who demonstrates careless or general disregard for the safety of themselves or others while operating a naval vehicle or vehicle intended for off-road travel.
Penal Code § 8-06 is a misdemeanor punishable by imprisonment
Officer may at their discretion either revoke the user's license or permit, or suspend said
license or permit.
¶ § 8-07. Failure To Adhere To ATC Protocols
A person who failures to respond to identification requests from nearby aircraft or Air Traffic Control.
Penal Code § 8-07 is a felony punishable by imprisonment.
Individuals who do not respond to ATC traffic may become a target of the San Andreas National Guard and be shot down.
¶ § 8-08. Failure To Adhere To Flight Protocols
A person who failures to follow the flight protocols as detailed in State Aviation Act.
Penal Code § 8-08 is a felony punishable by imprisonment.
Individuals who do not respond to ATC traffic may become a target of the San Andreas National Guard and be shot down.
¶ § 8-09. Aerial Evasion
A person who, while operating an aircraft, willfully flees or otherwise attempts to elude pursuing law enforcement who is broadcasting their request to land or halt.
Penal Code § 8-09 is a felony punishable by imprisonment.
Individuals who do not respond to ATC traffic or continually evade may become a target of the San Andreas National Guard and be shot down.
¶ § 8-10. Restricted Airspace Violation
A person who enters the restricted airspace as detailed in State Aviation Act and refuses to leave such airspace after being ordered to leave such airspace.
Penal Code § 8-10 is a felony punishable by imprisonment.
Individuals who do not respond to ATC traffic or continually evade may become a target of the San Andreas National Guard and be shot down.
¶ § 8-11. Naval Evasion
A person who, while operating an watercraft/marine vessel, willfully flees or otherwise attempts to elude pursuing law enforcement who is broadcasting their request to land or halt.
Penal Code § 8-09 is a felony punishable by imprisonment.
Individuals who do not respond to Coast Guard/Port Authority traffic or continually evade may become a target of the San Andreas Coast Guard/Port Authority and be fired upon..
¶ § 8-12. Restricted Waterspace Violation
A person who, while operating an watercraft/marine vessel, willfully flees or otherwise attempts to elude pursuing law enforcement who is broadcasting their request to land or halt.
Penal Code § 8-09 is a felony punishable by imprisonment.
Individuals who do not respond to Coast Guard/Port Authority traffic or continually evade may become a target of the San Andreas Coast Guard/Port Authority and be fired upon..
¶ § 8-13. Unroadworthy Vehicle
A vehicle must possess the following safety requirements as well as the vehicle’s intended purpose is to be used on public roads. Violation of this is called “Unroadworthy Vehicle”.
Horn, Engine Hood, Windshield, Windshield Wipers, Mirrors, Steering Wheel/Mechanism, Seat Belts, Brakes, Tires, Emission Control Systems, Lights, License Plates, Reflectors.
Motorcycles are not required to have: Windshield, Wipers, and/or Seat Belts, but do require a CLASS M Driver’s License
Road Law § 8-13 is an infraction of $1,000 and the impoundment of the individual’s vehicle.
¶ Title 9 - Control Of Deadly Weapons And Equipment
¶ § 9-01. Possession Of An Illegal Blade
A civilian who possesses a blade or improvised blade over three inches in length that can be used as a cutting, slashing or stabbing weapon, whether or not concealed.
Any wieldable script-wise knife or katana in your inventory is considered long enough to kill someone and qualify as an illegal blade.
Penal Code § 9-01 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
¶ § 9-02. Possession Of An Unlicensed Firearm
A civilian who carries a legal, but unlicensed weapon on their person, in their vehicle, place of business, or other facility without proper permits.
A person who knowingly and willingly allows another person to carry a weapon on their person, in their vehicle, place of business, or other facility without proper permits.
Penal Code § 9-02 is a misdemeanor punishable by imprisonment.
If the individual has a felony on record, they shall receive the maximum sentence.
NOTES:
Unlicensed weapons include the /NAME OF THE WEAPONS WIP/ or any other weapons that someone can obtain a license to use, but owns in this specific instance as unlicensed weapons. Illegal firearms are in contrast weapons that are never legal to own, such as UZIs. Assault weapons are AK-47s, etc.
¶ § 9-03. Possession Of An Illegal Firearm
A civilian who possesses any firearm that is illegal in possession or not considered part of any legal weapon type.
A person who possesses a firearm that contains illegal modifications in its design including, but not limited to, fully automatic firearms, magazine extensions, and silencers.
Penal Code § 9-03 is a felony punishable by imprisonment.
¶ § 9-04. Possession Of An Assault Weapon
A civilian who possesses an illegal firearm which uses high-velocity, high-caliber, or specialized ammunition including, but not limited to, FMJ ammunition or HEIAP bullets.
Penal Code § 9-04 is a felony punishable by imprisonment.
¶ § 9-05. Unlicensed Sale Of A Firearm
A person who illegally sells a firearm or improvised weapon of any type without proper permits or authorization.
Penal Code § 9-05 is a felony punishable by imprisonment.
¶ § 9-06. Possession Of An Explosive Device
A civilian who possesses any manufactured or improvised device or equipment which is made from explosive and/or highly flammable liquid, gas or solid materials.
Penal Code § 9-06 is a felony punishable by imprisonment.
¶ § 9-07. Manufacture or Possession of an Improvised Device.
Except as otherwise provided by law, A civilian who manufactures, assembles, disassembles, or possesses parts of any dangerous weapon, explosive, trap, firearm, or other destructive device that does not apply or is appropriate to any other penal code entries.
This code entry cannot stack with any other Title 9. Control of Deadly Weapons And Equipment charges unless this charges are for a separate item.
Penal Code § 9-07 is a felony punishable by imprisonment.
NOTES:
This applies to the possession of disassembled, or packaged firearms. For example, if someone has 10 packaged M4's, they are charged with 10 counts of § 9-07. Manufacture or Possession of an Improvised Device, not § 9-04. Possession Of An Assault Weapon.
¶ § 9-08. Possession of Weaponry With Intent To Sell
A person who is in possession of more than 5 full weapons or weapon components in any combination or amount with the intent to distribute, deliver, or sell.
Penal Code § 9-08 is a felony punishable by imprisonment.
¶ § 9-09. Possession Of Explosive Devices With Intent To Sell
A person who is in possession of more than 3 explosive devices or explosive device materials in any combination with the intent to distribute, deliver, or sell.
Penal Code § 9-09 is a felony punishable by imprisonment.
¶ § 9-10. Brandishing A Firearm
A person who is pointing, holding, openly carrying or brandishing a firearm, air or gas operated weapon, or object that appears like a firearm without proper toy and prop identification in an attempt to elicit fear or hysteria.
A person holding an object in a manner similar to a firearm who attempts to elicit the same fear or response as brandishing an actual firearm.
Penal Code § 9-10 is a misdemeanor punishable imprisonment, as well as revocation of the
person's firearms permit if applicable.
NOTES:
Brandishing explicitly notes that the purpose is to elicit fear or hysteria. A Weapons Discharge violation is irrelevant of the intent to elicit hysteria so the two charges can be stacked if appropriate.
¶ § 9-11. Weapons Discharge Violation
A person who fires a firearm without due cause or justifiable motive regardless of registration status or legality.
A person committing this offense from a vehicle, whether land, sea, or in air, shall instead be charged with § 9-12. Drive-By Shooting.
Penal Code § 9-11 is a misdemeanor punishable by imprisonment, as revocation of the person's firearms permit for seven day if applicable.
NOTES:
This charge can stack with brandishing a firearm, so you can in fact be charged both. A discharge however is different from brandishing, which requires the perpetrator to be using the brandishing as a way to elicit fear or hysteria.
¶ § 9-12. Drive-By Shooting
A person who drives a vehicle, whether on land, sea, or in air, and has a passenger who they knowingly and willingly let discharge a firearm from within the vehicle, and the passenger is not an on-duty peace officer.
A person who exits a vehicle only to immediately discharge a firearm afterward.
A person who discharges a weapon in a vehicle, whether on land, sea, or in air, and is not an on-duty peace officer with proper authorization.
Penal Code § 9-12 is a felony punishable by imprisonment.
¶ § 9-13. CCW / PF Violation
A person who carries concealed a legal, registered firearm that is not authorized as a conceal-carry weapon.
A person who carries concealed a legal, registered firearm that they are not authorized to carry concealed.
A person who does not carry proper permits or documentation for their weapon or occupational weapon usage.
Any other firearms regulatory violations as set by the appropriate licensing agency.
Penal Code § 9-13 is a misdemeanor punishable by imprisonment, as well as suspension of the person's firearms permit for seven days or revocation upon Officer Discretion.
This entire charge also falls under Officer Discretion.
NOTES:
The SASP has the authority to regulate all firearms policy. Any violations of their policies apply to § 9-13. This includes violations pertaining special weapons usage, such as for a prop as part of a production or as a security guard, etc. See § 10-08 for more details.
¶ § 9-14. Possession of a Firearm by a Felon
Any person lawfully convicted of a Felony who is in possession of a firearm, discharged a firearm, or paraphernalia of firearms.
NOTES:
There are but 2 exceptions to this law, someone who has had a Felony charge expunged, or someone who has sought out “Restoration of Rights” before a Court. Despite prior being convicted of a felony, may possess firearms.
Penal Code § 9-12 is a felony punishable by imprisonment.
¶ Title 10 - Sentencing Enhancements
¶ § 10-00. Exception
Penal code entries, by default, may be modified by Sentencing Enhancements within Title 10. However, should a penal code entry be the exception to a Sentencing Enhancement or contain an exception within its description, then that exception shall be followed instead of the Sentencing Enhancement policy.
For example, § 1-08. Murder cannot be charged for an attempt as an entire charge, § 1-06. Attempted Murder, exists for that purpose.
Penalties are, as stated, stackable for each occurrence. Committing assault against someone multiple times is worthy of a charge for each time, as long as they are separate police incidents, occur at different time, occur to different people, or are charged for each prohibited object that is possessed. Charges can also be stacked for each person they are committed against. Unless an exception exists explicitly.
Each stacked charge equals the additional punishment time for that charge. A person who commits two counts of assault will be charged twice the amount of time, so long as it does not violate maximum imprisonment policies.
¶ § 10-01. Attempt
A person who attempts to commit any crime, but fails or is prevented or intercepted in its perpetration, shall be given the same punishment as if the offense was committed.
¶ § 10-02. Conspiracy
If two or more persons conspire to commit any crime, to falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime, they shall be punished by the same punishment as if the offense was committed.
¶ § 10-03. Soliciting
A person who solicits for the commission or perpetration of any crime shall be punished by the same punishment as if the offense was committed.
¶ § 10-04. Government Worker Clause
Any crime knowingly committed against a government worker or state agency employee, as defined by the State Constitution, shall punish the perpetrator with the maximum possible sentence allowed by that particular code entry, unless a judge orders a reduced sentence.
This charge does not apply to property or possessions of a government agency.
¶ § 10-05. Plea Bargaining / Police Compliance Clause
If a person, at the request of the District Attorney’s Office, or by other legal authorities within the State of San Andreas, complies to assistance in other activities sufficient to assist with the apprehension or prevention of criminals or crime in San Andreas, then that individual is permitted to receive bargains or other commutes to sentences and punishments issued.
The specific amount of a sentence commute are subject to the circumstances of each situation of Plea Bargain or Police Compliance, at the discretion of the judge reviewing the case.
¶ § 10-06. Three-strikes Vehicle Policy
A person who drives a vehicle and receives three driver warnings shall have their vehicle impounded and their license revoked for twelve (12) weeks.
An individual who violates a penal code entry that states a specific punishment, such as a license revocation, shall have their vehicle impounded and licensed revoked for eight hours.
All warnings on record are removed upon revocation and the three-strikes vehicle policy resets.
¶ § 10-07. Weapons Violation
A person who commits a felony while in possession of a firearm shall have their firearms permit revoked.
A person who demonstrates illegal or irresponsible usage of their firearm shall besuspect to firearms permit suspension or revocation depending on the penal code entry of the firearms violation. If no description exists, it shall be up to officer discretion.
If a person receives two suspensions of their firearms permit they shall have their permit revoked immediately upon the second incident.
These violation policies also apply, where appropriate, to licenses and permits issued to facilities and organizations.
These policies also apply to any current and future firearms permits created for purposes determined by the agency responsible for firearms regulation.
¶ § 10-08. Criminal Accomplice Clause
A person who acts as an accomplice, aid, adviser, or other supportive role to another person's attempted or successful criminal acts shall receive HALF the punishment allotted to the person who attempted or successful criminal acts.
¶ § 10-09. Accessory After the Fact
A person who knowingly and willingly helps another person who had successfully committed a criminal act shall receive HALF the punishment issued to the person who committed the criminal act.
Examples include harboring a fugitive, helping destroy or distort evidence, withholding information relating to a crime or assisting the person elude or avoid police custody.
¶ Title 11 - Road Law
¶ § 11-00. Limitations
No individual may be fined more than $10,000 in the course of a single road law incident in charges from Title 11. Road Law
No individual may receive more than three driver warnings, amounting to a single license revocation, per road law incident.
No more than one of each code entry in Title 11. Road Law may be issued on a driver per road law incident.
A road law incident is defined as the moment an officer engages a person until the conclusion of that engagement or situation.
A peace officer is entitled to an exterior inspection of a vehicle, as well as verification of all paperwork, licenses, registrations, and other documentation during a traffic stop. A full vehicle inspection is permitted with a search warrant or appropriate probable cause.
Checkpoints, border controls, and other police operations on public roads must have a documented purpose, documented record of operations, and exist temporarily in response to (or in preparation to) a particular incident, holiday, etc.
A peace officer is only entitled to identify the driver of a vehicle when performing a traffic stop or other vehicle checkpoint operation, unless the passenger falls under a reasonable suspicion to be identified, such as matching an APB description.
EXAMPLE If an officer requests a driver to pull over, and the incident evolves into a pursuit, it is considered part of the same "road law incident" as it is a single, uninterrupted engagement. If the individual escapes or the pursuit is canceled, it is considered a conclusion to a single "road law incident." This means, for example, if a pursuit ends, and the suspect is discovered again, new charges may be issued if they continue to evade police.
¶ § 11-01. Misdemeanor Speeding
A driver may not drive a vehicle more than 50 miles per hour greater than the posted/designated speed limit, and would be pursuant to this said title and guilty of a misdemeanor.
A driver who fails to show a use of fair judgment in their speed when driving in poor conditions, such as poor weather, or on unpaved, slick, or damaged roads.
This section does not cover moving violations or infraction based speeding.
Road Law § 11-01 is an misdemeanor with a fine of $2,000.
¶ § 11-02. Failure To Abide To A Traffic Control Device
A driver who fails to follow the instructions of a traffic control device, including:
Fails to come to a reasonable stop at “Stop Points”, noted as white or yellow lines at the edge of every intersection or with appropriate signage. A reasonable stop can be either a driver slowing down to check for traffic or coming to a complete stop before proceeding.
Drivers should come to a full stop on busy roads and avenues where it is dangerous to not come to a complete stop.
Crossing a double yellow line when not enter or leaving a parking lot or private driveway. This only applies with roads that are not already divided into different lanes by a physical barrier or divider (such as highways and boulevards).
Ignoring clearly visible signage, whether permanent or temporary, used to direct or control traffic in any way.
Ignoring the instruction or direction of a peace officer or construction worker at a road works site.
A driver who fails to appropriately drive on the right properly with the flow of traffic, except in cases of emergency routes or private paths.
Road Law § 11-02 is an infraction of $2,500 and a warning on the driver’s license at the peace officer’s discretion.
¶ § 11-03. Yield Violation
A person driving a vehicle that fails to yield, giving right of way, at an intersection that has other vehicles passing or waiting to turn.
A person driving a vehicle that fails to yield, giving right of way, at any time to pedestrians or cyclist traffic.
A person driving a vehicle that is standing, meaning not in motion and the driver is in the vehicle, on a public road or parking lot and refuses to keep moving upon order of a peace officer.
Ignoring the emergency lights and sirens of an emergency vehicle requiring clearance.
Road Law § 11-03 is an infraction of $2,500.
¶ § 11-04. Parking Violation
A vehicle parked, with its driver outside the vehicle, in the following ways:
In a manner that obstructs a lane of traffic and prevents the flow of traffic.
In a manner that completely obstructs an alleyway.
In a manner that obstructs a parking lot entrance.
Within a marked crosswalk.
In a manner that obstructs more than two thirds of a sidewalk or pedestrian path. no anys median.
Facing opposing traffic.
Not on anys bridges or tunnels.
On any highway or freeway.
On railroad tracks or within range of being struck by a railroad car.
In the immediate ambulatory parking or bay area of a hospital or clinic.
In the immediate vicinity of Rodeo Bank's entrance, including the sidewalk adjacent to the metal barriers.
In front of or obstructing a private driveway or an entrance or exit to a private road or path.
A vehicle parked in a manner not permitted by the property owner. Private property may set its own parking rules, so long as they do not obstruct any public roads or sidewalks. Policies may also be set by a property manager authorized by the property owner. State agencies, such as the SASP and others, may set parking rules for the facilities they maintain.
A person who sitting in a vehicle, with the engine on or off, in any above location and refuses to move at the request of a peace officer or, if private property, by the property manager.
Road Law § 11-04 is an infraction punishable by a fine of $2,500 and risk of impoundment at the discretion of the peace officer.
¶ § 11-05. Reckless Driving
A person who demonstrates careless or general disregard for the safety of themselves or others while operating a vehicle, such as (but not limited to):
Driving on a unpopulated sidewalk, pedestrian passageway, or plaza
Operating a vehicle without use of headlights.
Obstructing a roadway or intersection.
Meandering between lanes of traffic erratically.
Demonstrating poor control of the vehicle or driving decisions.
Road Law § 11-05 is an infraction of $3,000 and a warning on the driver’s license at the peace officer’s discretion
This cannot stack with § 11-06. Vehicular Endangerment.
¶ § 11-06. Vehicular Endangerment
A person who demonstrates extreme carelessness while operating a vehicle, such as by nearly striking pedestrians, entering pedestrian passageways or nearly causing the severe harm of other motorists.
A person who uses their vehicle in any manner that is dangerous to passengers, pedestrians, or nearby residents.
A person who drives upon railroad tracks, busy pedestrian passageways or plazas, or on the opposite lane of travel with vehicles.
Any activity that would be considered § 11-05. Reckless Driving, but takes place within close proximity to nearby civilians, or in dense traffic. This cannot stack with § 11-05. Reckless Driving.
Penal Code § 11-06 is a misdemeanor punishable by impoundment of the individual’s vehicle with imprisonment.
NOTES:
Vehicular Endangerment cannot stack with reckless driving and is considered a more severe form of reckless driving. It serves as a catch-all for when an officer determines someone’s driving or usage of a vehicle to be beyond safe, reasonable activities.
Also take note that this charge does stack with hit and run. Someone who commits hit and run (hitting any vehicle or person and driving away) can be charged for each occurrence during the course of a road law incident. Per Limitations a driver can only receive either reckless driving or vehicular endangerment ONCE per road law incident.
¶ § 11-07. Vehicular Noise Violation
- A driver whose vehicle emits excessive noise, creating a public nuisance. Examples include modifications to increase the noise pollution of their vehicle, or the excessive use of a vehicle horn or siren without justifiable purpose.
Road Law § 11-07 is an infraction of $1,000.
¶ § 11-08. Illegal Nitrous Oxide Possession
- A person who drives a vehicle that contains, possesses, or shows characteristics of nitrous oxide equipment use while not on a official speedway or race track.
Road Law § 11-08 is a misdemeanor punishable by imprisonment, as well as the impoundment of the individual’s vehicle.
¶ § 11-09. Illegal Usage Of Hydraulics
- A person driving a vehicle that uses hydraulic equipment while in motion or on a public street, road, or highway.
- This excludes vehicles with hydraulic equipment permitted exclusively for business and equipment purposes, such as a forklift in motion.
Road Law § 11-08 is an infraction of $2,500 and the impoundment of the individual’s vehicle.
¶ § 11-10. Driving Under The Influence (DUI)
A person who drives a vehicle or operates heavy machinery while under the influence of alcohol at or above the legal limit of 0.08 percent BAC
A person who drives a vehicle or operates heavy machinery while under the influence of alcohol at or above the legal limit of 0.08 percent BAC
A person who drives or operates heavy machinery under the influence of awareness-altering drugs, regardless of whether those drugs are being used under a prescription.
Road Law § 11-10 is a misdemeanor punishable by imprisonment, as well as the removal of the individual’s license and impoundment of their vehicle.
A person who is at or above the 0.08 percent BAC legal limit shall receive the minimum sentence.
A person who is a government employee shall receive the maximum sentence and be referred to the HR of their respective State Agency.
¶ § 11-11. Registration Violation
- A person driving a vehicle on a state, county, or local road without an official owner’s registration or lease registration on file or in hand, and/or without a license plate affixed to the rear of the vehicle.
- A person driving a vehicle on a state, county, or local road without vehicle insurance on file or in-hand,
Road Law § 11-11 is an infraction of $5000, as well as a driver’s warning or impoundment of the individual’s vehicle at the peace officer’s discretion.
¶ § 11-12. Unsafe Usage Of A Bicycle
- A person's unsafe usage of a bicycle or other non-motor vehicle that obstructs traffic, incites disorder, creates a hazard, or demonstrates the potential for harm.
Road Law § 11-12 is an infraction of $2,500.
¶ § 11-13. Street Racing
- Performing an unlicensed or unauthorized vehicle race, performance, or competition on city, county, or state property
- Performing a vehicle race on a hazardous private course.
- Organizing, facilitating, or promoting a street race or other unlicensed or organized vehicle race or competition on city, county, or state property.
Road Law § 11-13 is an misdemeanor punishable by imprisonment.
NOTES:
A “race” or “competition” is any event that reasonably should not be taking place on a road. A hydraulics competition, for example, or a race around the dockyards both apply under street racing. Any parking lots not considered owned by a particular business (such as the old motel and it’s parking lot in Sandy) are considered public state property.
¶ § 11-14. Driving without a Valid License
- A person operating a motor vehicle without carrying a valid driver's license.
- A person who refuses to show or provide a driver's license to a peace officer while operating a motor vehicle.
- A person operating a motor vehicle without a valid, unexpired permit or license.
Road Law § 11-14 is a misdemeanor punishable by 6 hours of jail time
The peace officer may also issue a warning or fine up to $3,000 instead at their discretion.
¶ § 11-15. Jaywalking
- A person who recklessly or intentionally crosses a road in a manner that creates a foreseeable risk of obstructing the flow of traffic, or otherwise creates a hazard to themselves and others.
Road Law § 11-15 is an infraction of $2,000 at the peace officer’s discretion.
¶ § 11-16. Illegal Parking Of An Aircraft
- A person who failures to follow the flight protocols as detailed in the State Aviation Act
Road Law § 11-16 is an infraction of $10,000 at the peace officer’s discretion.
¶ § 11-17. Failure To Signal
- A person who fails to signal an intention to turn right or left, or signal lane change; given continuously during the last 100 feet traveled by the vehicle before turning/changing lanes.
- A person may also be pursuant to this code for failure to use signals for a sudden stop, caused by any reason.
Road Law § 11-16 is an infraction of **$245** at the peace officer’s discretion.
¶ § 11-18. Failure To Comply With Posted Speed Limits
- A person shall not drive a vehicle upon a roadway at a speed greater than is posted, and in no event at a speed which endangers the safety of persons or property.
Road Law § 11-18 is an infraction of $50 at the peace officer’s discretion, for a violation of 5-10 miles per hour over the posted limit
Road Law § 11-18 is an infraction of $120 at the peace officer’s discretion, for a violation of 11-24 miles per hour over the posted limit
Road Law § 11-18 is an infraction of $340 at the peace officer’s discretion, for a violation of 25-34 miles per hour over the posted limit
Road Law § 11-18 is an infraction of $730 at the peace officer’s discretion, for a violation of 35-49 miles per hour over the posted limit
¶ § 11-19. Failure To Comply With Absolute Speed Limits
- A person shall not drive a vehicle upon a roadway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the roadway, and in no event at a speed which endangers the safety of persons or property.
- Prima Facie speed limits are as followed below, unless posted with a higher speed limit with signage, temporary or otherwise.
- 55 miles per hour on two-lane, undivided highways.
- 15 miles per hour at railroad crossings, in alleys, and highway intersections without 100 feet of visibility of approaching vehicles.
- 25 miles per hour in business and residential districts and school zones.
Road Law § 11-19 is an infraction of $100 at the peace officer’s discretion, for a violation of 5-10 miles per hour over the posted limit
Road Law § 11-19 is an infraction of $220 at the peace officer’s discretion, for a violation of 11-24 miles per hour over the posted limit
Road Law § 11-19 is an infraction of $450 at the peace officer’s discretion, for a violation of 25-34 miles per hour over the posted limit
Road Law § 11-19 is an infraction of $910 at the peace officer’s discretion, for a violation of 35-49 miles per hour over the posted limit
¶ § 11-20. Moving Violation
- Any person who is found to violate any of the listed below rules is pursuant to a moving violation under this code.
- No person in a residence district shall make a U-turn when any other vehicle is approaching from either direction within 200 feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device.
- No person shall make a U-turn in front of the driveway entrance or approaches to a fire station. No person shall use the driveway entrance or approaches to a fire station for the purpose of turning a vehicle so as to proceed in the opposite direction.
- No person shall make a U-turn upon any highway/roadway where the driver of such vehicle does not have an unobstructed view for 200 feet in both directions along the highway and of any traffic thereon.
- No person shall start a vehicle stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway/roadway until such movement can be made with reasonable safety.
- No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal.
- No person shall stop or suddenly decrease the speed of a vehicle on a highway/roadway without first giving an appropriate signal.
- Upon all roadways, a vehicle shall be driven upon the right half of the roadway, except as follows:
- When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.
- Upon a roadway restricted to one-way traffic.
- When the right half of a roadway is closed to traffic under construction or repair.
Road Law § 11-20 is an infraction of $100-$1,500 pursuant to a single charge under this code.
¶ Title 12 - Code Policy
¶ § 12-01. Mistake of Fact
- A person who commits an offense but claims, and can display proof, that they acted on the honestly held belief they were not violating the law or did not understand the law that was violated.
This can only negate an offense if the offense requires mens rea, meaning a willful intention, knowing, or understanding that they are committing a crime.
In any other cases, it may reduce the punishment for an offense at the discretion of the peace officer, or a judge when in a criminal suit.
¶ § 12-02. Involuntary Intoxication
- A person found to be involuntarily intoxicated, meaning they were evidently drugged or had their awareness impaired against their will or knowledge, cannot be found guilty of an offense as they did not have the adequate state of mind to do so.
¶ § 12-03. Private Defense, Self Defense, Castle Doctrine, And Defense Of Others
- A person who has a reasonable belief that they, or another, are in imminent danger of being killed, seriously injured or unlawfully touched and believe that imminent force is needed to prevent that danger and use no more force than is necessary to negate that danger will absolved of criminal liability in Title 1. Crimes Against the Person. ALL these requirements must be met to be completely absolved of criminal liability.
- If not all requirements are met, charges may instead be reduced to up to half the minimum sentence for relevant offenses at the discretion of the peace officer or a judge.
- This also applies in the case of a person who is protecting their home from imminent danger or robbery when on private property.
- This defense cannot be applied in cases of gang on gang violence or in other such instances where the party claiming the defense was put at risk of immediate danger by their own involvement with actionable criminality.
¶ § 12-04. Necessity
- A person who commits an offense out of necessity to protect themselves or others from significant bodily harm or emergency, has no adequate legal alternative, did not create a greater danger through their actions and held an actual and reasonable belief that their action was necessary to prevent harm, will be absolved of criminal liability for the offense deemed to be committed as a necessity to prevent greater harm.
- This defense cannot be applied in cases of gang on gang violence or in other such instances where the party claiming the defense was put at risk of immediate danger by their own involvement with actionable criminality.
¶ § 12-05. Entrapment
- A person who would not have committed an offense if not for for the harassment, threats, or coercion to do so by members of law enforcement cannot be found guilty of the offense that they were persuaded to commit.
¶ § 12-06. Duress
- A person who commits any offense in response to immediate threats to kill from a third party and does so in order to negate those threats cannot be found to have had the required criminal intent with which to be held liable for an offense.
- The only exception to this are severe crimes against the person, such as torture, murder, and attempted murder, as it is not justifiable to take or severely harm another life unless in an act of self defense.
¶ § 12-07. Parole Exclusions
- A person who is guilty of § 1-10. Torture, § 1-07. Kidnapping, § 1-03. Attempted Murder with the Government Worker Clause, § 1-08. Murder, § 1-06. Manslaughter and § 4-20. Violation of Parole Or Probation shall be always excluded from any opportunity of parole.
¶ § 12-08. Suspicion Policy
- A peace officer's or court's justifiable suspicion of a person to commit or conspire to commit a crime is sufficient to allow that individual to be detained for questioning for no more than 30 minutes in police or court custody, however they cannot be searched beyond a legal Terry Frisk for the officer’s safety unless probable cause or concurrent evidence emerges.
- A person who is at the scene of a crime, riot, or major public disturbance may also be classified under the suspicion policy for temporary detainment.
- Violation of this policy, or an act of justifiable suspicion that extends beyond legal bounds, extends beyond Color of Law and is satisfactory for suit.
- A person who fails to identify themselves to a peace officer during arrest or arraignment shall be imprisoned for the maximum time allowed by the law until they can be successfully identified by a peace officer or the courts.
¶ § 12-09. Officer Discretion
- Law enforcement officers shall have the authority to use their discretion when issuing infractions or select misdemeanors. This discretion entitles the officer to choose to forego an infraction or misdemeanor penalty based on their personal judgement.
- Officers must choose to issue Officer Discretion and forego charging, not issue a fine or other punishment in lieu of the typical punishment.
- Officers cannot elect Officer Discretion if the independent victim, property owner, or affected party chooses to press charges on the perpetrator.
- Double Jeopardy still applies, meaning a senior officer cannot revoke Officer Discretion once it is issued unless it was issued in disregard for a party wishing to press charges.
- All misdemeanors that fall under Officer Discretion shall state as such in the sentencing portion of the charge.
¶ § 12-10. Good Samaritan Clause
- Citizens may perform a legal Citizen’s Arrest when an individual has committed a misdemeanor or greater offense and the citizen wishes to restrain the individual until proper authorities can arrive to support, assist, or assess the situation.
- Citizens may, at the request of the government worker, may give their assistance with carrying out official government business, so long as it doesn’t extend beyond the powers, duties, responsibilities, and authorities of that government worker.
- Citizens may come to the aid of a government worker who is in duress or incapacitated during official government business to save or protect their life or assist informing official agents.
¶ § 12-11. Imprisonment & Punishment Criteria
- Only criminal violations that originate from the San Andreas Penal Code may carry a misdemeanor or felony-level punishment with imprisonment in a county or state penitentiary.
- All felonies must carry with their punishment imprisonment at the San Andreas State Correctional Facility.
- All persons convicted of felony will carry their sentence at the San Andreas State Correctional Facility. All persons convicted of misdemeanor will carry their sentence at the appropriate county facility. All persons convicted will be imprisoned at the location of Officer Discretion.
- Each penal code entry may include a range of time for imprisonment. While some entries dictate instances where the maximum or minimum time of imprisonment must be used, in all other instances the peace officer issuing the arrest may use their discretion, based on severity, cooperativeness of the suspect, or other criteria to decide the time within
- The SASP/BCSO/LSPD may set internal policies to dictate how officers should follow Imprisonment & Punishment Criteria, so long as it does not violate the minimum and maximum punishment policies stated in this Penal Code.
- Each bullet number in a penal code entry refers to an applicable charge for each entry. Violating any one of the descriptions is a violation of the penal code entry.
- So long as no exceptions are stated in the penal code entry, charges can be stacked for additional imprisonment. See § 10-00. Exception for details.
- Persons who roleplay without a sound mind will still, in any case, be arrested and charged for the crime they commit. Technically they’d be delivered to an appropriate institution in-character but are dropped off to the local county or state jail before being sent there. They may be placed with the regular prison population.
NOTES:
For example, Murder carries a maximum punishment when it is committed against a government employee. Law Enforcement Officers cannot tell officers to ignore that maximum punishment policy, but can tell its officers to mandate a minimum sentence otherwise, etc. Anything within the minimum and maximum time ranges stated are fair game otherwise.
There may be medical services, mental health centers, etc. but either way there’s no way to get out of your imprisonment because of your character type, even if it seems unethical to meet this expectation of the game experience.
¶ § 12-12. Maximum Imprisonment
- A person cannot be imprisoned for longer than 120 minutes despite the number of charges on this individual exceeding a 120 minute penalty, unless said sentence is approved by a Justice of the Courts of San Andreas, Senior Special Agent of the Federal Investigations Bureau, Lieutenant Governor of San Andreas, or by the Governor of San Andreas; or a higher authority of those herein listed.
- A person who cannot be effectively identified shall be imprisoned for 120 minutes until they can be properly identified or they fulfill the 120 minute imprisonment. If they are identified, the total time served will be deducted from the time due, with immediate release if they fulfilled more than the total time. A person released with more time spent in prison than their charges yield is not subject to excessive or wrongful imprisonment
- At the Governor’s discretion, an individual who commits a felony may qualify for death row status, yielding permanent imprisonment until their execution can be carried out by the Warden of Bolingbroke State Penitentiary, unless the Governor issues a pardon.
¶ § 12-13. Wiretapping, CCTV & Videotaping Policy
- The State of San Andreas shall have a one-party notification policy for wiretapping without appropriate surveillance warrants and authorizations.
- A person who is found to violate these wiretapping laws can be charged with § 13-10. Wiretapping Violation
- Moles, bugs, and other illegal surveillance falls under wiretapping laws and violations / policies.
- Government Employees may be recorded by civilians at all times when conducting their duties in an official capacity or when on-duty.
- CCTV is considered reasonably accessible to the courts when sourced from inside and around all public facilities, from police dashcams, or when subpoenaed by a private business that claims to have CCTV cameras installed. Public CCTVs cannot be tampered, modified, stolen, or destroyed.
- CCTVs in businesses must be explicitly recorded as existing on paperwork or a license to be used in court or accepted legally.
NOTES:
So long as one party (either person on the phone, in a facility, or other location where a conversation or event is being recorded) is aware of the situation it is considered a legal recording. Property owners always have full surveillance rights to their property and facilities, parking lots, etc. they maintain.
¶ § 12-14. Police Exigency & Hot Pursuit Policy
- Peace officers have the authority to follow suspects into private property if directly related to an ongoing pursuit. Entry related to investigations or other projects not in a direct pursuit of a suspect require a warrant.
- Peace officers have the authority to enter the public area of a private facility, such as the public area of a club or restaurant, at all times the facility is open to the public. Private areas of the facility require permission of the facility manager or a warrant.
- 12.15 Probable Cause & Plain View still applies when an officer is entering a facility for hot pursuit or entering the public area of a private facility.
NOTES:
This includes multiple rooms where a suspect could reasonably have ran to, such as several
apartments within an apartment complex.
¶ § 12-15. Probable Cause & Plain View Policy
- Peace officers have the power to seize and record evidence upon any event that is in their plain view so long as they have a legal reason to be where they’re located at the time.
- A person who gives a government employee permission to view or access a facility, equipment or other areas is permitting an officer to view a facility for probable cause or plain view evidence.
- Probable Cause does not have a specific definition, but refers to the ongoing premise that an officer’s “gut feeling” supported by plain view evidence (such as the smell of marijuana or other items) that would imply a probable situation of criminality and authorize a search based on that evidence. Probable Cause can be circumstantially contested in a court of law.
NOTES:
Plain View applies even when an officer is in hot pursuit and enters, for example, an apartment complex and sees a clear criminal act in progress while chasing someone. They can call in other units to seize and handle that situation too.
¶ Title 13 - State Code Violations
¶ § 13-01. Racketeering***
- The affiliation or association of an individual with a criminal organization, as prescribed by local or national law enforcement entities, with the evidence of the individual's attempt to commit extortion, bribery, murder, or other criminal activities while affiliated with said criminal organization.
Penal Code § 13-01 is a felony act that is punishable on circumstances as prescribed by relevant records and to be determined by the presiding justice or judge.
¶ § 13-02. Tax Evasion***
- A person, officer, or employee of an organization that fails to pay any appropriate fees or taxes liened against themselves or an agency they are an executive to.
- A person who intentionally avoids or attempts to avoid tax or fee payments to the state.
- This does not apply for fees that would fall under § 4-02. Failure To Pay A Fine.
- This charge may only be authorized by the Attorney General or a warrant by the Chief Justice.
Penal Code § 2-14 is a felony punishable by imprisonment and appropriation of all due taxes
¶ § 13-03. Laundering Of Money Instruments***
- A person who possesses, hides, transfers, receives, or maintains the storage of funds earned through comprehensive criminal activities.
- A person who intends to transfer, hide, cycle, or deceive funds collected through comprehensive criminal activities.
- A person who maintains an establishment with a purpose to launder funds collected through comprehensive criminal activities.
- This charge can only be issued by the Attorney General or a warrant by the Chief Justice.
Penal Code § 13-03 is a felony punishable by imprisonment.
Violators are also subject to a fine equal to thirty percent of the money laundered.
¶ § 13-04. Gambling License Violation
- A person who violates the terms of their gambling or gaming license.
- A person who falsely claims to operate a business with a gambling or gaming license.
- A person who intentionally operates rigged or unfair games of chance.
- A person who grossly violates the policies set by the Licensing Code of San Andreas for gaming and games of chance.
- A person who operates any game of chance without proper permits, licenses, or authorizations.
Penal Code § 13-04 is a felony punishable by imprisonment.
¶ § 13-05. Medical Practice Violation
- A person who identifies themselves as possessing a license to practice advanced medicine, whether verbally, or through implied means, and who has not received proper training to do so from the San Andreas Fire Department and Medical Services.
- A person who performs or provides any medical services with criminal negligence, by criminal accident, or with the intent to cause harm to an individual.
- A person who performs or provides any medical services not licensed or permitted by the San Andreas Fire Department and Medical Services after being explicitly notified by the San Andreas Fire Department and Medical Services to discontinue services in the State of San Andreas.
This charge cannot stack with § 1-.06 Attempted Murder.
Penal Code § 13-05 is a felony punishable by imprisonment.
NOTES:
This charge covers any harm that happens as a result of criminal negligence or an intent to cause harm, but Murder stacks with this charge if the person dies as a result of the negligence or intentional harm.
This does not cover doctors who are forced to act out of threat, by order of a government authority, or in other cases that would put them in harm’s way if they do not act.
¶ § 13-06. Legal Practice Violation
- A person who advertises or portrays themselves as practicing or as being entitled to practice law without being an active member of the San Andreas State Bar.
Penal Code § 13-06 is a misdemeanor punishable by imprisonment.
¶ § 13-07. Construction And Maintenance Code Violation
- A person who enters a clearly designated construction or facility maintenance site without the authority or purpose to be there.
- A person who enters a clearly designated road works site without the authority or purpose to be there.
Penal Code § 13-07 is a misdemeanor punishable by imprisonment and a fine of $3,500.
¶ § 13-08. Criminal Fire Code Violation
- A facility manager or property owner who, through willful ignorance, criminal negligence, or intentional ignorance of a fire marshal violates a provision of the Fire Code and fails to amend that violation in a timely manner.
- A person who disrupts, removes, defaces, or affects any official postings or notices issued by a fire marshal.
Penal Code § 13-07 is a misdemeanor punishable by imprisonment and a fine of $2,500.
¶ § 13-09. Failure to Comply with Fire Code Orders
- A person who fails to comply with a fire marshal’s orders to bring a facility up to the standards of the Fire Code.
Penal Code § 13-09 is an infraction of $100 for each day in violation at the fire marshal’s discretion.
¶ § 13-10. Wiretapping Violation
- A person who illegally conducts surveillance or wiretapping in violation of the one-party notification system without a warrant or authorization.
Penal Code § 13-10 is a felony punishable by imprisonment.
NOTES:
Cops can charge this but usually a judge is the one who notes or acknowledges what is an illegal wiretapping operation. One-party notification means that at least one party being recorded visually or audibly is aware of that they are being recorded and consents to it.
¶ § 13-11. Criminal Business Operations
- Any person who willfully fails to pay a fine issued and notified by the Bureau of Licensing within seven days without a lawful excuse, even if the fine is paid in full after that time is guilty of a misdemeanor. Those convicted under this section shall be punished by imprisonment and the appropriation of all due fines.
- This charge is issued in lieu of § 4-02. Failure To Pay A Fine when the fine is related to the Bureau of Licensing and exceeds the seven day payment period.
Penal Code § 13-12 is a misdemeanor punishable imprisonment and paying of all fines due to the Bureau of Tax, Licenses, and Revenue.
¶ § 13-12. Corporate Hijacking
- A person or group who unlawfully and willfully uses a business premises for trade, corporate or financial gain without license, lease or consent from it's registered owner.
Penal Code § 13-13 is a misdemeanor punishable by imprisonment and a fee equivalent to all profits earned while committing Corporate Hijacking.
¶ Title 14 - Amendments and Revisions
At the pleasure of the State Legislature, amendments, additions, and revisions to this penal code may be made at any time with respect to the due process of the legislative process of those authorities.
The Chief Justice may also review the Penal Code and make proposed changes to ensure its effectiveness and appropriate language for legal interpretation. Major changes should be consulted upon with the State Legislature.
General policy and procedure changes will be made in Title 12 - Code Policy. All other changes shall be made within relevant Titles and Sections.
At least seven days shall be given between the release of an updated Penal Code revision and its implementation.
All changes to this code shall be dated and acknowledged in Title 14 - Amendments & Revisions