Penal Code - MoonFire Roleplay

Code	Name	Type	Description	Notes
Policy and Guidelines 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 these ways: 1. With the full title and prefix first. For example, (1)01. Intimidation or (10)01. Attempt 2. With the prefix (x)xx For example, (1)01 or (10)01.
Definitions 1. A “Person” refers to any living human being or individual. 2. A “Civilian” refers to any individual who is not an on-duty peace officer or national guardsman. 3. 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. 4. A “Government employee” refers to any on-duty employee of a local, state, or federal agency. 5. 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. 6. A "Protected Class" refers to people such a s police officers, healthcare providers, social services workers, a developmentally disabled person or an elderly person. 7. A “MDC” refers to the Mobile Database of Criminals, or the official State of San Andreas database system for criminal and personal identification and information. 8. Specific punishment modifiers shall be defined in Title 12. Sentencing Enhancements. 9. Specific code policies shall be defined in Title 13. Code Policy. 10. "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 (10)00 Exceptions. 11. Triple-asterisk (***) entries require a third party, whether the Governor, Department of Justice, a judge, or other party, to authorize usage.
Title‌ ‌1. Crimes‌ ‌Against‌ ‌The‌ ‌Person‌
1-01	Intimidation	Misdemeanor	Threatening to physically harm or kill someone, placing that person in a reasonable state of fear for their own safety, or threatening to physically harm or kill another person’s close friends or relatives. The threats can be not just verbal, but also in writing or through other forms of communication.	Intimidation differs from assault in terms of the distance between the acts. Intimidation is further away, while assault is up close, within reach of leading to battery. 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 act of Intimidation with a weapon is considered Assault With a Deadly Weapon, but the person must be visibly seen with the weapon for this to count.
1-02	Assault	Misdemeanor	Intentionally putting a person in the reasonable belief of imminent physical harm or offensive contact.	Assault differs from Intimidation, in terms of the distance between the acts. Assault is up close, while Intimidation is further away. For example, someone a few feet away threatening to harm or kill you at any moment is assault. Any unwanted physical contact would be considered to be battery.
1-03	Assault with a Deadly Weapon	Felony	Attempting to cause or threaten immediate harm to another person while using a weapon, tool, or other dangerous item as a threat.	Assault with a Deadly Weapon is almost the same as Assault, but the perpetrator also has a weapon or tool being used threaten that violence or fear.
1-04	Battery	Misdemeanor	An intentional and unlawful force or violence to another person without that person's consent.	Battery is the moment aggressive physical contact occurs and usually involves only minor injury, if any.
1-05	Aggravated Battery	Misdemeanor	A greater intentional and unlawful force or violence to another person without that person's consent.	Aggravated Battery can include striking a person with a weapon or dangerous object, shooting a person with a gun, battery resulting in temporary or permanent disfigurement, or battery against a member of a protected class.
1-06	Attempted Murder	Felony	Deliberately and intentionally attempting to kill or cause life threatening harm to another person.	Intent must be proven with Attempted Murder, and must cause serious or life-threatening harm to the victim. If the harm is not life-threatening, then Aggravated Battery is much less severe and would not, for example, leave someone in a coma or brutally wounded.
1-07	Manslaughter	Felony	Unintentionally killing another person, through a criminal accident or negligence.	There are 3 forms, Voluntary Manslaughter, Involuntary Manslaughter, and Vehicular Manslaughter and they should be sentenced according to the specfic circumstances of the case. ● Voluntary often referred to as killing in the “heat of passion.” The circumstances leading to the killing are seen as to lead a reasonable person to become so emotionally disturbed that he would act in the heat of the moment. ● Involuntary is the unintentional killing of a person that happens when the perpetrator is committing another minor crime, with no intent to kill, or is engaging in reckless behavior that caused the death. ● Vehicular is the killing of another while illegally, negligently, or recklessly operating a motor vehicle.
1-08	Murder	Felony	First Degree: Unlawfully and premeditated killing another person with malice aforethought. Second Degree: Unlawfully killing another person without premeditation.
1-09	False Imprisonment	Felony	Detaining or arresting another person without their consent (or the consent of their guardian) without premeditated intent or ransom for less than one hour, or performing an unlawful citizen’s arrest.	False Imprisonment is when someone is held against their will for less than one hour, without any plan or when there is no intention to ransom the individual. Citizens arrest is a limited tool (see (13)10) to hold individuals while awaiting police custody.
1-10	Kidnapping	Felony	Detaining or arresting another person without their consent (or the consent of their guardian) with the premeditated intent to do so, for more than one hour, or with the intent or decision to hold that person for ransom of any kind.	Kidnapping is a more egregious act of False Imprisonment.
1-11	Torture	Felony	Intentionally causing extreme pain and suffering to someone for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.	Torture can be added to any charge in an instance where Torture took place while, or along with, the crime being committed. However, there must be a demonstration of the perpetrator torturing someone specifically in that act of another crime.
Title‌ ‌2. Crimes Against Property And Criminal Profiteering
2-01	Arson	Felony	Intentionally and maliciously setting fire to or burning any structure, forest land, or property without prior authorization. Or through criminal accident or negligence, causes a fire to burn any structure, forest land, or property. (Can include someone who aids in any way to the Arson)
2-02	‌Trespassing‌	Misdemeanor	Entering another’s property while it is closed or not in operation or 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.	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. This cannot stack with (2)03, (2)04, or (2)05.
2-03	Trespassing within a Restricted Facility	Felony	Entering any government owned or managed facility that is secured with the intent of keeping ordinary citizens outside without proper authorization.	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 cannot stack with (2)02, (2)04, or (2)05.
2-04	Breaking and Entering	Misdemeanor	Entering into the locked or restricted property of another without their permission without the intention of committing a crime.	Breaking and Entering can include homes, apartments, offices, vehicles, or any locked space with restricted access. This cannot stack with (2)02, (2)03, or (2)05.
2-05	Burglary	Misdemeanor	Entering into the locked or restricted property of another without their permission with the intention of committing a crime, typically theft.	Burglary can include homes, apartments, offices, vehicles, or any locked space with restricted access. This cannot stack with (2)02, (2)03, or (2)04.
2-06	‌Possession‌ ‌of‌ ‌Burglary‌ ‌Tools‌	Infraction	Possession of the appropriate combination of tools necessary to commit burglary.	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.
2-07	Robbery	Felony	Taking property from the possession of another against their will, by means of force or fear, such as through intimidation, assault, or battery.	This cannot stack with (2)08.
2-08	‌Armed‌ ‌Robbery‌	Felony	Taking 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 cannot stack with (2)07.
2-09	Petty Theft	Misdemeanor	Stealing or taking the personal property of another worth $3,000 or less. Failing to pay a contract or invoice within a reasonable amount of time for services totaling less than $3,500 in value.
2-10	Theft‌	Misdemeanor	Stealing or taking the personal property of another worth more than $1,500 but less than $10,000. Failing 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.
2-11	Grand Theft	Felony	Stealing or taking the personal property of another worth more than $10,000. Failing to pay a contract or invoice within a reasonable amount of time for services totaling more than $10,000 in value.
2-12	Grand Theft Auto	Felony	The theft of any motor vehicle or unlawfully entering a vehicle.	This cannot stack with (2)09, (2)10, or (2)11.
2-13	Grand Theft of a Firearm	Felony	The theft of any firearm, no matter the value or whether it is registered.	This cannot stack with (2)09, (2)10, or (2)11.
2-14	Receiving Stolen Property	Misdemeanor	Knowingly buying or receiving any property that has been stolen or that has been obtained in any manner constituting theft or extortion.	It must be proven that the person had knowledge the property was stolen.
2-15	Extortion	Felony	Using force or threat of violence, property damage, harm to reputation, or unfavorable government action to gain property or money.	Extortion differs from robbery as the threat would not pose imminent physical danger to the person.
2-16	Forgery	Misdemeanor	Knowingly altering, creating, or using a written document with the intent to defraud or deceive. Knowingly signing a document or agreement, electronic or otherwise, without the consent or authority of whom they are signing for.
2-17	Fraud	Felony	Intentionally misrepresenting 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.
2-18	Vandalism	Misdemeanor	Defacing, damaging, or destroying property which belongs to another without their consent.
Title‌ ‌3. Crimes Against Public Decency
3-01	Lewd or Dissolute Conduct in Public	Misdemeanor	Engaging, or soliciting 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.	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	Misdemeanor	Intentionally exposing a naked body or genitalia on public property or in the public area of a privately owned business, to another person without that person's consent, or on private property without permission of the property owner.	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	Felony	Knowingly engaging in or offering to engage in a sexual act in exchange for payment or other goods and services.	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	Felony	Soliciting or advertising, aiding, providing transport, or supervising persons involved in prostitution and retains some or all of the money earned.
3-05	Stalking	Felony	Intentionally and maliciously following, contacting, surveilling, or harassing another person without their consent.
Title‌ ‌4. Crimes Against Public Justice
4-01	Bribery	Felony	Offering or giving a monetary gift, gratuity, valuable goods, service, or other reward to a public official, government employee, or peace officer in an attempt to influence their duties or actions.
4-02	Failure to Pay a Fine	Misdemeanor	Failing to pay a fine or court ordered fee within clearly stated and allotted time period.	The 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.
4-03	Contempt of Court***	Misdemeanor	Willfully disobeying the verbal or written order of a court authority, disrespecting the decorum of the court, or otherwise infringing upon due process.	This charge can only be issued by a judge or agent of a court.
4-04	Subpoena Violation	Misdemeanor	Ignoring or violating a subpoena order issued by the Courts or a request by the courts to be present at a hearing.
4-05	Dissuading a Witness or Victim	Felony	Knowingly and maliciously preventing or encouraging 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. Preventing the distribution, completion, answering, or due process of an affidavit or other legal statement.
4-06	False Information to a Government Employee	Misdemeanor	Providing knowingly false information or details to a police officer during the course of a criminal investigation or lawful detainment, or to a government employee investigating in some official capacity.	This cannot stack with (4)08.
4-07	Filing a False Complaint	Misdemeanor	Knowingly filing 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.
4-08	Perjury	Felony	Knowingly providing false information while under oath in a court of law, as part of an affidavit, testimony, court-ordered deposition, or document with a statement signifying its authenticity under penalty of perjury.	This cannot stack with (4)06.
4-09	Failure to Identify to a Peace Officer	Misdemeanor	While being detained or under arrest by a peace officer, failing to provide a peace officer or other legal authority ones name as it appears on an I.D. card or other identifiable information for MDC purposes.	As per (13)11, a person 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	Misdemeanor	Pretending or implying the role of a government worker, such as a peace officer, paramedic, tax collector, federal investigator, or other official. This can include wearing 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.
4-11	Obstruction of a Government Employee	Misdemeanor	Showing a clear and motivated attempt to prevent a government employee from conducting their duties. Failing to comply with an officer's lawful orders. After being issued a ticket, citation, or infraction, continuing to violate such law and ignore an officer’s orders.
4-12	Resisting a Peace Officer	Misdemeanor	Avoiding apprehension from an officer by non-vehicular means or resisting apprehension by any physical means.	This charge does not include the attempt to flee and elude by vehicular means, which is (8)02.
4-13	Escape from Custody	Felony	Escaping from a peace officer’s custody after being physically detained by use of restraints or physical force by a peace officer, 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.
4-14	Escape	Felony	Escaping from a county or city jail, prison, community service, or custody of a Correctional or Parole Officer after being arrested, booked, charged, or convicted of any crime.
4-15	Prisoner Breakout	Felony	Directly aiding or assisting, or providing information or insights that subsequently assist, 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.
4-17	Misuse of a Government Hotline	Infraction - Misdemeanor	Using 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. This includes performing prank calls, fake calls, or tries to incite mayhem through public government lines.	Upon the third offense, this charge upgrades to a misdemeanor.
4-18	Tampering with Evidence	Felony	Destroying or attempting to destroy, conceal, or alter any evidence that can later potentially be used in a criminal investigation or court proceeding.
4-19	Introduction of Contraband	Felony	Providing contraband to an inmate of a correctional facility, or attempts to enter a facility with the intent to illegally transport contraband within it.
4-20	Violation of Parole / Probation	Felony	Willfully violating the terms of a probation or parole agreement.
4-21	Voter Fraud / Voter Pandering	Felony	Dissuading or influencing official voting outcomes through illicit, illegal, or unethical manners.
4-22	Corruption of Public Duty	Felony	Acting outside the interests of the public good or public justice, demonstrating criminal negligence in their duties, or being convicted by the Department of Justice for committing a felony while on duty as a government employee.
4-23	Corruption of Public Office	Felony	Acting outside the interests of the public good, public justice, or duties of those in public office.
Title‌ ‌5. Crimes Against Public Peace
5-01	Disturbing the Peace	Misdemeanor	Creating a dangerous or intimidating situation in a public place or in the public area of private property. Attempting to provoke, incite, or promote harm to another person through gestures, language, claims, actions, or other methods. Using profanity, language, voice, or noise reasonably disturbs nearby civilians or intends to incite violence.	The use of this must not infringe on a person's freedom of speech. For example, someone simply using profanity in public would not constitute disturbing the peace, however someone shouting profanities in a threatening manner or not stopping when asked, then it would constitute disturbing the peace.
5-02	Unlawful Assembly	Misdemeanor	Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.	Examples: A protest that involves throwing rocks into storefronts, a group of people setting neighborhood cars on fire and endangering public safety, or protesting a police department action by vandalizing the department’s headquarters.
5-03	Incitement To Riot	Felony	Deliberately agitating or intending 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, encourage mayhem, or civil unrest.
5-04	Vigilantism	Felony	Attempting 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.	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	Misdemeanor	Possession of 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.
6-02	Possession of a Controlled Substance with Intent to Sell	Felony	Possession of a controlled substance or multiple controlled substances in an amount of over one ounce (28 grams)
6-03	Possession of Drug Paraphernalia	Infraction	Willingly in possession of a device or mechanism used exclusively for the processing or consumption of an illegal controlled substance.
6-04	Maintaining a Place for the Purpose of Distribution	Misdemeanor	Opening or maintaining any property for the purpose of unlawfully selling, giving away, storing, or using any controlled substance, firearm, or other illicit device, good, or service.
6-05	Manufacture of a Controlled Substance	Felony	Manufacturing, compounding, converting, producing, or preparing, either directly or indirectly by chemical or natural extraction, any illegal substance, except as otherwise provided by law.
6-06	Sale of a Controlled Substance	Felony	Selling, or offering to sell, a controlled substance to another person, regardless of whether or not they possess that controlled substance.
6-07	Possession of an Open Container	Infraction	Possession of a visible and open container of alcohol in a public place or in a motor vehicle.
6-08	Public Intoxication	Misdemeanor	In any public place under the influence of intoxicating liquor, or in a condition that they are unable to exercise care for their own safety or the safety of others.
6-09	Under the Influence of a Controlled Substance	Misdemeanor	Using or being under the influence of a controlled substance or dangerous substance without the proper permits or prescription to use such a substance.
6-10	Facial Obstruction While Committing A Crime	Misdemeanor	Wearing 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.
6-11	Terrorism	Felony	Using systematic threats or actions against the public good to cause fear and intimidation at a grand scale. Committing 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.
Title‌ ‌7. Crimes Against State Dependents
7-01	Animal Abuse / Cruelty	Felony	Intentionally, or through neglect, maiming, mutilating, torturing, wounding, or killing a living animal. This does not include legal hunting.	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. "Domesticated" refers to animals in the pet shop.
7-02	Child Abuse	Felony	Willfully inflicting any cruel, excessive, or inhuman corporal punishment, or due to negligence causing traumatic injury, upon a child under 18 years of age.
7-03	Sale of Alcohol To A Minor	Misdemeanor	Willfully and knowingly selling alcohol to a minor under the age of 21.
7-04	Minor Alcohol Violation	Infraction	Possession of alcohol for consumption, products for consumption containing alcohol, or being under the influence of alcohol while being a minor under the age of 21.
Title‌ ‌8. Vehicular Offenses
8-00	Limitations	1. 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 (10)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 10. Road Law. 2. (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	Misdemeanor	Driving a vehicle, whether on land, sea, or in air, while having a suspended license or authorization.
8-02	Evading a Peace Officer	Felony	Willfully fleeing or otherwise attempting to elude or avoid a pursuing peace officer, who communicates visually or audibly their request to pull over or stop, while operating a vehicle on land, sea, or in air, or while operating a bicycle.	This does not include the attempt to flee and elude by foot, which is (4)12.
8-03	Flying without a Pilot's License	Misdemeanor	Operating an aircraft without a proper license or authorization.
8-04	Hit and Run	Felony	Hitting another person or another vehicle and leaving the scene of the accident.
8-05	Reckless Operation of an Aircraft	Misdemeanor	Demonstrating careless or general disregard for the safety of themselves or others while operating an aircraft. This includes performing stunts or dangerous aeronautical maneuvers while over populated areas or while dangerously close to other aircraft without proper governmental permits.
8-06	Reckless Operation of an Off-Road or Naval Vehicle	Felony	Demonstrating careless or general disregard for the safety of themselves or others while operating a naval vehicle or vehicle intended for off-road travel.
8-07	Failure to Adhere to ATC Protocols	Felony	Failure to respond to identification requests from nearby aircraft or Air Traffic Control.
8-08	Failure to Adhere to Flight Protocols	Felony	Failure to follow the flight protocols as detailed in State Aviation Act.
8-09	Aerial Evasion	Felony	Willfully fleeing or otherwise attempting to elude pursuing law enforcement who is broadcasting their request to land or halt, while operating an aircraft.
8-10	Restricted Airspace Violation	Felony	Entering the restricted airspace as detailed in State Aviation Act and refuses to leave such airspace after being ordered to leave such airspace.
Title‌ ‌9. Control Of Deadly Weapons And Equipment
9-01	Possession of an Illegal Blade	Misdemeanor	Possession of 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.	This does not include a normal knife
9-02	Possession of an Unlicensed Firearm	Misdemeanor	Carrying a legal, but unlicensed weapon on their person, in their vehicle, place of business, or other facility without proper permits.	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	Felony	Possession of any firearm that is illegal or a firearm that contains illegal modifications in its design including, but not limited to, fully automatic firearms, magazine extensions, and silencers.
9-04	Possession of an Assault Weapon	Felony	Possession of an illegal firearm which uses high-velocity, high-caliber, or specialized ammunition.
9-05	Unlicensed Sale of a Firearm	Felony	Illegally selling a firearm or improvised weapon of any type without proper permits or authorization.
9-06	Possession of an Explosive Device	Felony	Possession any manufactured or improvised device or equipment which is made from explosive and/or highly flammable liquid, gas or solid materials.	This does not include fireworks.
9-07	Manufacture or Possession of an Improvised Device	Felony	Manufacturing, assembling, disassembling, or possessing 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, except as otherwise provided by law.	This applies to the possession of disassembled, or packaged firearms. This cannot stack with any other Title 9 charges unless they are for a separate item.
9-08	Possession of Weaponry with Intent to Sell	Felony	Possession of more than 5 full weapons or weapon components in any combination or amount with the intent to distribute, deliver, or sell.
9-09	Possession of Explosive Devices with Intent to Sell	Felony	Possession of more than 3 explosive devices or explosive device materials in any combination with the intent to distribute, deliver, or sell.
9-10	Brandishing a Firearm	Misdemeanor	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.
9-11	Weapons Discharge Violation	Misdemeanor	Firing a firearm without due cause or justifiable motive regardless of registration status or legality.	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	Felony	Driving a vehicle, whether on land, sea, or in air, and themselves, or has a passenger, who is not an on-duty peace officer, knowingly and willingly, let discharge a firearm from within the vehicle.
9-13	CCW / PF Violation	Misdemeanor	Carrying concealed a legal, registered firearm that is not authorized as a conceal-carry weapon, or that they are not authorized to carry concealed.	The LSPD 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 (12)08 for more details.
Title‌ ‌10. Road Law
10-00	Limitations	● No individual may be fined more than $10,000 in the course of a single road law incident in charges from Title 10. ● 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 10 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.
10-01	Speeding Violation	Infraction	Exceeding a speed of 90 MPH on any state, county, or locally maintained road with four or more lanes. Exceeding a speed of 80 MPH on any public outsides of the city of Los Santos. Exceeding a speed of 70 MPH on any public roads inside the city of Los Santos.
10-02	Failure to Abide to a Traffic Control Device	Infraction	Failing to follow the instructions of a traffic control device, including: ● Failing 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. ● 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.
10-03	Failure to Maintain Lane	Infraction	Failing to drive on the proper side of the road, or crossing a double yellow line while driving.
10-04	Yield Violation	Infraction	Driving a vehicle that fails to yield, giving right of way, at an intersection that has other vehicles passing or waiting to turn, or at any time to pedestrians or cyclist traffic. Ignoring the emergency lights and sirens of an emergency vehicle requiring clearance.
10-05	Parking Violation	Infraction	A vehicle parked, with its driver outside the vehicle, in the following ways: ● Obstructing a lane of traffic and prevents the flow of traffic. ● Completely obstructing an alleyway. ● Obstructing a parking lot entrance. ● Within a marked crosswalk. ● Obstructing more than two thirds of a sidewalk or pedestrian path. ● On any median. ● Facing opposing traffic. ● 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 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. State agencies, such as the LSPD 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.
10-06	Reckless Driving	Infraction	Demonstrating 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 ● Meandering between lanes of traffic erratically. ● Demonstrating poor control of the vehicle or driving decisions.	This cannot stack with itself or (10)06.
10-07	Vehicular Endangerment	Misdemeanor	Demonstrating extreme carelessness while operating a vehicle, such as by nearly striking pedestrians, entering pedestrian passageways or nearly causing the severe harm of other motorists. This can include driving upon railroad tracks, busy pedestrian passageways or plazas, or on the opposite lane of travel with vehicles.	This is considered a more severe form of reckless driving, so any activity that would be considered (11)05, but takes place within close proximity to nearby civilians, or in dense traffic would be vehicular endangerment. This cannot stack with itself or (10)05.
10-08	Vehicular Noise Violation	Infraction	A vehicle emitting 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.
10-09	Illegal Use of Nitrous Oxide	Misdemeanor	Driving a vehicle and using nitrous oxide equipment while not on a official speedway or race track.	Ownership of a Nitous Oxide equipment is not illegal.
10-10	Illegal Usage of Hydraulics	Infraction	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.
10-11	Driving Under the Influence (DUI)	Misdemeanor	Driving a vehicle or operating heavy machinery while under the influence of alcohol at or above the legal limit of 0.08% BAV or under the influence of awareness-altering drugs, regardless of whether those drugs are being used under a prescription.
10-12	Registration Violation	Infraction	Driving a vehicle on a state, county, or local road without an official owner’s registration or lease registration on file or in hand, or without a license plate affixed to the rear of the vehicle.
10-13	Unsafe Usage of a Bicycle	Infraction	Unsafe usage of a bicycle or other non-motor vehicle that obstructs traffic, incites disorder, creates a hazard, or demonstrates the potential for harm.
10-14	Street Racing	Misdemeanor	Organizing, facilitating, promoting, or performing an unlicensed or unauthorized vehicle race, performance, or competition on city, county, or state property.	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 bank parking lot in Mulholland) are considered public state property.
10-15	Driving without a Valid License	Misdemeanor	Operating a motor vehicle without carrying a valid driver's license, with a valid, unexpired permit or license, or refusing to show or provide a driver's license to a peace officer.
10-16	Jaywalking	Infraction	Recklessly or intentionally crossing 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.
10-17	Illegal Parking of an Aircraft	Infraction	Failure to follow the flight protocols as detailed in the State Aviation Act
Title‌ ‌11. State Code Violations
11-01	Racketeering	Felony	Affiliation or association of an individual with a criminal organization with the evidence of the individual's attempt to commit extortion, bribery, murder, or other criminal activities while affiliated with said criminal organization.
11-02	Tax Evasion***	Felony	Failing to pay any appropriate fees or taxes liened against themselves or an agency they are an executive to.	This does not apply for fees that would fall under (4)02
11-03	Laundering of Money Instruments***	Felony	Possession, hiding, transferring, receiving, or maintaining the storage of funds earned through comprehensive criminal activities. Maintaining an establishment with a purpose to launder funds collected through comprehensive criminal activities.
11-04	Gambling License Violation	Felony	Violating the terms of a gambling or gaming license, falsely claiming to operate a business with a gambling or gaming license, intentionally operating rigged or unfair games of chance, or operating any game of chance without proper permits, licenses, or authorizations.
11-05	Medical Practice Violation	Felony	Identifiying as possessing a license to practice advanced medicine, whether verbally, or through implied means, who has not received proper training to do so from Los Santos Emergency Services. Performing or providing any medical services with criminal negligence, by criminal accident, or with the intent to cause harm to an individual.	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 charge cannot stack with (1)06
11-06	Legal Practice Violation	Misdemeanor	Advertising or portraying a practicing or, being entitled to practice law, without being an active member of the San Andreas State Bar.
11-07	Construction and Maintenance Code Violation	Misdemeanor	Entering a clearly designated construction, facility maintenance site, or road works site without the authority or purpose to be there.
11-08	Wiretapping Violation	Felony	Illegally conducting surveillance or wiretapping in violation of the one-party notification system without a warrant or authorization.	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.
11-09	Criminal Business Operations	Misdemeanor	Willfully failing to pay a fine issued and notified by the courts within seven days without a lawful excuse, or operating a business without a properly issued license.
11-10	Corporate Hijacking	Misdemeanor	Unlawfully and willfully using a business premises for trade, corporate or financial gain without license, lease or consent from it's registered owner.
Title‌ ‌12. Sentencing Enhancements
12-00	Exceptions	● Penal code entries, by default, may be modified by Sentencing Enhancements within Title 12. 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 cannot be charged for an attempt as an entire charge, (1)06, 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.
12-01	Attempt	-	Attempting 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.
12-02	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.
12-03	Soliciting	-	Soliciting for the commission or perpetration of any crime shall be punished by the same punishment as if the offense was committed.
12-04	Government Worker Clause	-	Any crime knowingly committed against a government worker or state agency employee shall punish the perpetrator with a higher sentence, unless a judge orders a reduced sentence. This charge does not apply to property or possessions of a government agency.
12-05	Plea Bargaining / Police Compliance Clause	-	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.
12-06	Three-strikes Vehicle Policy	-	A person who drives a vehicle and receives three driver warnings shall have their vehicle impounded and their license revoked. All warnings on record are removed upon revocation and the three-strikes vehicle policy resets.
12-07	Weapons Violation	-	A person committing a felony and using a firearm shall have their firearms license revoked. Demonstrating illegal or irresponsible usage of a firearm shall be suspect to firearms permit suspension or revocation depending on the penal code entry of the firearms violation.
12-08	Criminal Accomplice Clause	-	Acting 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.
12-09	Accessory After the Fact	-	Knowingly and willingly helping 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 ‌13. Code Policy
13-01	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.
13-02	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.
13-03	Self Defense / Castle Doctrine	A reasonable belief that oneself or another person is in imminent danger of being killed, seriously injured, or unlawfully touched, and believe that imminent force is needed to prevent that danger. The use of force should be no more than is necessary to negate that danger. Those who meet all the requirements of this shall be absolved of criminal liability in Title 1 crimes. 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.
13-04	Necessity	Permits a person to act in a criminal manner when an emergency situation, not of the person's own creation, compels the person to act in a criminal manner to avoid greater harm from occurring.
13-05	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.
13-06	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.
13-07	Parole Exclusions	A person who is guilty of (1)10, (1)07, (1)03 with the Government Worker Clause, (1)08, (1)06, and (4)20 shall be always excluded from any opportunity of parole.
13-08	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.
13-09	Officer Discretion	Law enforcement officers shall have the authority to use their discretion when issuing infractions or minor misdemeanors. This discretion entitles the officer to choose to forego an infraction or misdemeanor penalty based on their personal judgement. Officers cannot elect to use 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.
13-10	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, give their assistance with carrying out, or come to the aid of a government worker who is in duress or incapacitated during official government business, so long as it doesn’t extend beyond the powers, duties, responsibilities, and authorities of that government worker.
13-11	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. ● Each penal code entry may include a range or set time for imprisonment and fines, the peace officer issuing the arrest may use their discretion, based on severity, cooperativeness of the suspect, or other criteria to decide the time and fines within. ● The LSPD may set internal policies to dictate how officers should follow Imprisonment & Punishment Criteria, so long as it does not violate the maximum punishment policies stated in this Penal Code. ● So long as no exceptions are stated in the penal code entry, charges can be stacked for additional imprisonment. See (10)00 for details.
13-12	Maximum Imprisonment	● A person cannot be imprisoned for longer than 60 minutes despite the number of charges on this individual exceeding a 60 minute penalty, unless said sentence is approved by a Justice of the Courts of San Andreas. ● A person who cannot be effectively identified shall be imprisoned for until they can be properly identified or they fulfill the 30 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.
13-13	Wiretapping, CCTV & Videotaping Policy	● The State of San Andreas shall have a one-party notification policy for wiretapping without appropriate surveillance warrants and authorizations. ● 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. 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.
13-14	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. ● (13)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.
13-15	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.
Amendments & Additions
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. At least seven days shall be given between the release of an updated Penal Code revision and its implementation.
DATE HERE Final Draft of Penal Code issued. All charges rewritten and adapted to incorporate more effective, accurate language. Examples added to commonly confused charges and to help describe appropriate charge usage. Precedents added to create official policy on wiretapping, exigent circumstances, and other policies. General cleaning and reorganization of code entries for effectiveness.