San Andreas Penal Code Revision Log

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kavinsky
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Re: San Andreas Penal Code Revision Log [Rev 3 - 25/APR/13]

Post by kavinsky » Sun Dec 22, 2013 6:04 am

REVISION 4 - 22/DEC/2013

DISCLAIMER
These changes are in effect from SEVENTY-TWO (72) hours after this post was released.



  • Penal Code Add - (1)09. Aggravated Battery
  • Penal Code Add - (1)10. Torture
  • Penal Code Add - (4)21. Practice of Law Without a License
  • Penal Code Add - (6)10. Practicing Healthcare Without a License
  • Penal Code Add - (9)10. Brandishing a Firearm
  • Penal Code Alter - (2)09. Grand Theft Auto
  • Penal Code Alter - (3)10. Vigilantism
  • Penal Code Alter - (6)04. Possession Of A Controlled Substance with Intent to Distribute
  • Penal Code Alter - (8)02. Discharging a Firearm in Public
  • Title Add - Title 12. Criminal Defenses
  • Title Alter - Title 12. Amendments & Additions to Title 13. Amendments & Additions
  • Grammar edit - (4)07. Failure to Identify to a Peace Officer

PC Add 109 wrote:(1)09. Aggravated Battery
Any person who causes harm to another through the use of a deadly weapon, or battery in which serious bodily injury occurs.
- Penal Code (1)09 is a felony punishable by no less than 120 minutes imprisonment and no more than 240 minutes imprisonment.


PC Add 110 wrote:(1)10. Torture
Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury on another.
- (1)10 may not be stacked with (1)03 Attempted Murder, however if Torture resulted in death, it can be stacked with (1)08 Murder.
- Penal Code (1)10 is a felony punishable by no less than 7.5 (450 minutes) hours imprisonment and no more than 9 hours (540 minutes) imprisonment.


PC Add 421 wrote:(4)21. Practice of Law Without a License
Any person advertising or holding themselves out as practicing or as being entitled to practice law who, is not an active member of the San Andreas State Bar, or who was otherwise authorized directly by the Chief Attorney or Director of Bar Association to act as such, shall be charged with Practice of Law Without a License.
- Penal Code (4)21 is a misdemeanor punishable by no less than 20 minutes imprisonment and no more than 45 minutes imprisonment.


PC Add 610 wrote:(6)10. Practicing Healthcare Without a License
Any person who Identifies themselves as possessing a license to practice advanced medicine (Above intermediate life support), whether verbally, or through implied means, and who has not received proper training to do so from a licensing authority (DoC, LSPD, SASD, LSFD), or any person who identifies themselves as a mental health professional, without license from LSFD, shall be charged with the crime of practicing healthcare without a license.
- Penal Code (6)10 is a misdemeanor punishable by no less than 20 minutes imprisonment and no more than 40 minutes imprisonment.


PC Add 910 wrote:(9)10. Brandishing a Firearm
Any person who is pointing, holding or brandishing a firearm, air or gas operated weapon or object similar. It doesn't matter whether the firearm or object is capable of being fired; any person using the firearm or object in such manner as to reasonably induce fear in the mind of another, or inducing fear in the mind of others of being shot or injured.
- Penal Code (9)10 is a misdemeanor punishable by no less than 20 minutes imprisonment and no more than 30 minutes imprisonment.


PC Alter 209 wrote:Simply adding text to clear up misunderstandings and to get rid of the people finding it convinient to blow up stolen cars.

Changed from:

(2)09. Grand Theft Auto
Every person who commits theft of any vehicle, no matter the value, is guilty of grand theft auto.
- Penal Code (2)09 is a felony punishable by no less than 2 hours (120 minutes) imprisonment and no more than 3 hours (180 minutes) imprisonment.




Changed to:

(2)09. Grand Theft Auto
Every person who commits theft of any vehicle, no matter the value, is guilty of grand theft auto. This charge also includes breaking into a parked vehicle, with or without the attempt to steal the vehicle itself.
- Penal Code (2)09 is a felony punishable by no less than 2 hours (120 minutes) imprisonment and no more than 3 hours (180 minutes) imprisonment.
- If said stolen property was destroyed or otherwise rendered unusable, time will be no less than 5.5 hours and no more than 6.5 hours imprisonment.



PC Alter 310 wrote:Change to allow people to do citizens arrest on felony suspects and assisting law enforcement officers in the critical moment.

Changed from:

(3)10. Vigilantism
The act of "taking the law into one's own hands" by acting on one's own intentions to subdue another civilian breaking the law while not currently serving as a peace officer and in active duty. Citizens Arrest can only apply when the individual involved is the instigator and the civilian who applies the citizen's arrest does so for their own safety.
- Penal Code (3)10 is a felony punishable by no less than 90 minutes imprisonment (1.5 hours) and no more than 120 minutes imprisonment (2 hours).




Changed to:

(3)10. Vigilantism
The act of "taking the law into one's own hands" by acting on one's own intentions to subdue another civilian breaking the law while not currently serving as a peace officer and in active duty. Citizens Arrest can only apply when the individual involved is the instigator and the civilian who applies the citizen's arrest does so for their own safety.
- Citizens arrest is lawful on any felony committed in their presence
- Vigilantism does not apply when an officer in the vicinity is in need of immediate assistance (for example, helping officer apprehending an unarmed resisting suspect by holding him down)
- Penal Code (3)10 is a felony punishable by no less than 90 minutes imprisonment (1.5 hours) and no more than 120 minutes imprisonment (2 hours).


PC Alter 604 wrote:Change to divide into multiple sections of how much contraband was found on a person.

Changed from:

(6)04. Possession Of A Controlled Substance For Sale
Every person who is in possession of a controlled substance with the intent to distribute, deliver, or sell, or in an amount of over one ounce (28 grams). ((Each drug (xx/xx) within inventory is considered 1 gram.))
- Penal Code (6)04 is a felony punishable by no less than 120 minutes (2 hours) imprisonment and no more than 180 minutes (3 hours) imprisonment.




Changed to:

(6)04. Possession Of A Controlled Substance with Intent to Distribute
Every person who is in possession of a controlled substance or multiple controlled substances with the intent to distribute, deliver, or sell, or in an amount of over one ounce (28 grams). ((Each drug (xx/xx) within inventory is considered 1 gram.))
- Penal Code (6)04 is a felony punishable by no less then 120 minutes (2 hours) and 450 minutes (7.5 hours) depending upon which bracket of possession the amount falls within. Bracket I: 28-150 grams (120 minutes), Bracket II: 151-250 grams (3 hours) Bracket III: 251-300 grams (4.5 hours) Bracket IV: 301-500 grams (6 hours), Bracket V: 501+ grams (7.5 hours)


PC Alter 802 wrote:Title change.

Changed from:

(8)02. Discharging a Firearm in Public
An individual who fires a firearm (without regard to its registration or legal status) without due cause or justifiable motive.
- Penal Code (8)02 is a misdemeanor punishable by no less than 25 minutes imprisonment and no more than 35 minutes imprisonment.




Changed to:

(9)11. Discharging a Firearm in Public
An individual who fires a firearm (without regard to its registration or legal status) without due cause or justifiable motive.
- Penal Code (9)11 is a misdemeanor punishable by no less than 25 minutes imprisonment and no more than 35 minutes imprisonment.


Title 12. Criminal Defenses

    (12)01. Mistake of Fact
    If any person accused of an offence can claim, and display proof, that they acted on an honestly held mistake of fact they can argue it in their defense. This does not amount to an ignorance of the law, as that is not an available defense. However if a person acted based on an honestly held fact and committed an offence as a result this can negate or reduce criminal intent in an offence and, as such, any criminal liability.

    (12)02. Involuntary Intoxication
    Any person found to be involuntarily intoxicated during the commission of an offence cannot be found guilty of that offence as they do not have an adequate mental state to act reasonably. Voluntary intoxication is not a defense, nor is simply being drunk. It has to be proven that the defendant was intoxicated via drugging or drink spiking via third party and that this was done unknowingly.


    (12)03. Private Defense (Self Defense 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 SA Crimes Against the Person
    - Penal Code (12)03 is a complete defense to: (1)01. Assault (1)02. Assault With A Deadly Weapon (1)03. Attempted Murder (1)04. Battery (1)08. Murder (1)08. Murder if the criteria of the defense are all met. Charges can be reduced to a lower form of that offence if some of the criteria are met.
    - Penal Code (12)03 cannot be applied as a defense in cases of gang on gang violence or 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 offence 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 offence deemed to be committed as a necessity to prevent greater harm.
    - Penal Code (12)04 cannot be applied as a defense in cases of gang on gang violence or other such instances where the party calming the defense was put in risk by their own involvement with actionable criminality.

    (12)05. Entrapment
    Any 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
    Any person who commits any offence 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 offence.
    - Penal Code (12(06) can never be argued by person accused of murder as it is not justifiable to take another life to save your own unless in direct self defense.
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Re: San Andreas Penal Code Revision Log [Rev 4 - 22/DEC/13]

Post by Laos_Macen » Sat Aug 09, 2014 4:20 pm

(Revision draft)
REVISION 5 - 09/AUG/2014

DISCLAIMER
These changes are in effect from SEVENTY-TWO (72) hours after this post was released. Please contact ((LAOS_MACEN)) with immediate concerns about deployment capabilities for these penal code changes should they exist.





Added
  • Wiretapping policy
    WHY: To make more clear the wiretapping policies of LS:RP. We follow single party notification. This is mostly to accommodate lawsuits and discussions of that sort about wiretapping rules and recording / monitoring calls and activities.
  • (2)19. Armed Robbery
    WHY: To distinguish robbery specifically when the person has a weapon. Assault with a Deadly weapon cannot be stacked on.
  • (6)11. Sale of a Controlled Substance
    WHY: To punish those who are caught by GND selling drugs. (6)04. Possession with Intent to Distribute stacks as this goes one step farther than merely caching the drugs - it proves you also were able to sell them and the police saw you do it too.
  • (4)22. Escape from Custody
    WHY:It's felt that there is not simply resisting arrest and evading from prison, but the period in between when you are not yet in SACF is also a statute that is unique and deserves appropriate punishment.
  • (6)12. Construction and Maintenance
    WHY: To give the Events Team a unique way to interact with a space and subsequently a punishment for those who troll with it.
  • (2)20. Trespassing within a Restricted Facility
    WHY: To more severely punish those who try to get into prisons and other important facilities. Often for the sake of stupidity.
  • (2)21. Money Laundering
    WHY: Another tool for detectives to use when taking down factions.
  • (3)11.Pimping
    WHY:To distinguish the difference between prostitution and pimping activities, as well as to give more appropriate punishments.
  • (6)13.Facial Obstruction
    WHY:It was felt by the members that this is an appropriate punishment for public facial obstructions.




Removed
  • (5)04. Incitement to Harm.
    WHY: It didn't make sense in the current draft of the code and was recommended for removal.




Altered
  • (11)16.Driving without a Valid License
    WHY: Clarifying the right of an officer to request identification when you are driving that is a proper license. If you don't have a license on you the officer can look you up but still charge you with a warning at their discretion.
  • (11)03. Illegal Parking
    WHY: It's been decided a more clear and accurate portrayal of illegal parking would be helpful. We have kept very clear instructions as well as about how agencies, private property owners and state property are affected by parking policies (and by extension most concepts about private property rights)
  • (8)04. Evading
    WHY: To punish those more severely if they drive within areas that have much greater pedestrian traffic. It's much more reckless and endangering to do so in an area like Idlestack.
  • (6)04. Escape
    WHY: To accommodate for (6)12. Escape while in Custody
  • (4)09. Misuse of an Emergency Line
    WHY: To include the non-emergency line system.
  • (4)18. Aggravated Misuse of an Emergency Line
    WHY: To include the non-emergency line system.
  • Peace officer distinction
    WHY: All PD/SD members are peace officers, but not necessarily police officer (SD are deputies) so clarification has been made across the whole code. Peace officer / law enforcement officer can however be used interchangeably.

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