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 PCX-XX. For example, PC1-01 or PC10-01
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 or intends to use to inflict harm, threaten harm, or utilize in lieu of a regulated or manufactured item that, when used as intended, can inflict harm.
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.
Specific punishment modifiers shall be defined in Title 10. Sentencing Enhancements.
Specific code policies shall be defined in Title 12. Code Policy.
((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 for OOC fairness purposes. ICly you would in fact be sent to the appropriate location for your personal health and safety. For example, children should presume they’re in a children’s juvenile hall for all intentions expressed when someone is sentenced, but may wish to RP at their discretion in SACF. The DOC cannot be charged ICly for wrongful placement under these circumstances.))
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.
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 violent physical contact is considered to be battery, however grabbing someone during a threat may be either assault or battery, depending on intention and interpretation.
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.
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.
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)07 is a felony punishable by no less than 330 minutes and no more than 510 minutes. - If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
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 script-wise. There is however also no guarantee that being brutally wounded means attempted Murder as it depends on how the situation is RPed.
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)08 is a felony punishable by imprisonment of no less than 240 minutes and no more than 360 minutes. - If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
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.
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.
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)10 is a felony punishable by no less than 120 minutes imprisonment and no more than 270 minutes imprisonment. - If committed against a minor the perpetrator is punishable by the maximum sentence.
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.
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)11 is a felony punishable by no less than 270 minutes imprisonment and no more than 420 minutes imprisonment. - If committed against a minor the perpetrator is punishable by the maximum sentence.
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.
Mayhem/Torture is in many ways a penal code entry to enhance other charges. Mayhem can be added to any change in an instance where the Mayhem took place while, or along with, the crime being committed. It is not automatically applied to charges that may be considered Mayhem (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.
A person who while operating a motor vehicle in a reckless or negligent manner, causes someones death.
A person who while Eluding Peace Officers in a motor vehicle, directly or indirectly causes someones death.
- Penal Code (1)13 is a felony punishable by no less than 510 minutes imprisonment and no more than 660 minutes imprisonment. - If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
Vehicular Murder is only applicable if the individual driving the vehicle would have been reasonably aware of the fact that their driving, either due to its criminal intent (eluding police) or reckless nature, could feasibly cause great bodily injury or death to someone.
Title 2.Crimes Against Property And Criminal Profiteering ↑
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.
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.
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.
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.
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.
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.
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 no less than 60 minutes imprisonment and no more than 150 minutes imprisonment.
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.
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 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 no less than 20 minutes imprisonment and no more than 40 minutes imprisonment. This falls under Officer Discretion. - If committed knowingly in the presence of a minor, the perpetrator shall receive the maximum sentence.
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. Genetalia does not include breasts. Assume below the belt exposure.
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.
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 who violates an official restraining order issued by a court.
- Penal Code (3)09 is a felony punishable by no less than 150 minutes imprisonment and no more than 210 minutes imprisonment. - If the perpetrator violated a restraining order, they shall receive the maximum sentence.
(( Only the officer who issued the fine may issue an arrest warrant for this charge on the forums. This must not be interpreted as preventing officers from arresting people they encounter during patrols in game for (4)02. Failure to Pay a Fine without a warrant. For clauses four and five, the term "arrest warrants" refer to arrest warrant requested and posted on the forums. ))
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.
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 no less than 210 minutes imprisonment and no more than 300 minutes 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 by no less than 35 minutes imprisonment and no more than 45 minutes imprisonment. This falls under Officer Discretion.
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 of no less than 25 minutes and no more than 35 minutes. This falls under Officer Discretion.
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 no less 10 minutes and no more than 15 minutes imprisonment. This falls under Office Discretion.
As per (12)11. Maximum Imprisonment someone who fails to identify and provide a way to properly charge them will be imprisoned 900 minutes until they identify themselves, after which this charge, plus all applicable charges, can be placed on their record and their sentence adjusted.
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 100 minutes imprisonment in addition to any outstanding charges on an individual who commits an escape.
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 180 minutes imprisonment.
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 no less 25 minutes imprisonment and no more than 50 minutes imprisonment. This falls under Officer Discretion.
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 no less than 120 minutes imprisonment and no more than 150 minutes imprisonment. This falls under Officer Discretion.
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 violates (12)10. Good Samaritan Clause.
- Penal Code (5)04 is a felony punishable by no less than 90 minutes imprisonment and no more than 120 minutes imprisonment.
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. Of Crimes Against Public Health And Safety ↑
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.
- Penal Code (6)01 is a misdemeanor punishable by imprisonment of no less than 15 minutes and no more than 20 minutes. This falls under Officer Discretion. - See (6)12 Posession of Marijuana, for conditions concerning Marijuana.
(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 (28 grams)
((Each drug (xx/xx) within inventory is considered 1 gram.))
- Penal Code (6)02 is a felony punishable by 30 minutes for every half-ounce (14 grams) of total controlled substances in possession upon arrest up to 600 minutes. Total possesion is rounded up to the nearest half-ounce if the perpetrator has more than 28 grams.
At 28 grams or higher add 30 minutes for every 14 grams in total possession. If the perpetrator has, for example, 60 grams, which is 2 ounces and 4 grams, charge them with 150 minutes, which is four half-ounce increments of 30 minutes (56 grams) and rounded up for the last half ounce (the next 14 grams or less.)
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.
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 for no less than 10 minutes and no more than 25 minutes. 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.
A person can only be charged with this statute for consumption of marijuana if they commit other crimes under the influence of marijuana, or if they are found to be under the influence of marijuana in public, or both.
- Penal Code (6)09 is a misdemeanor punishable by imprisonment for no less than 25 minutes and no more than 35 minutes. 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 10 minutes imprisonment. This falls under Officer Discretion.
A person who is found to be in posession of Marijuana shall be charged with one of the three offences depending on the amount listed below:
6grams or less - (6)12 Posession of Marijuana
Between 7grams to 27grams - (6)01 Possession of Controlled Substance.
28grams and more - (6)02 Posession of a Controlled Substance with Intent to Sell.
- Penal Code (6)12 is an infraction of $1,000 for possession of up to 3g of marijuana, $2,000 for possession of amounts greater than 3g but less than or equal to 5g, and $3,000 for possession of amounts greater than 5g but less than or equal to 6g.
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 no less than 80 minutes imprisonment and no more than 150 minutes 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.
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 by no less than 360 minutes imprisonment and no more than 720 minutes imprisonment. - If the act was caused by negligence the individual shall receive the minimum sentence.
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. Eluding a Peace Officer, etc.
A person who, while operating or being in 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 no less than 120 minutes imprisonment and no more than 180 minutes imprisonment, and revocation of their drivers license for between twelve (12) and thirty-six (36) hours at the officer’s discretion. - If the person evaded at any time through areas with dense foot traffic such as, but not limited to, Idlewood, Jefferson, Pershing Square, Market, or in any area designated as a school zone, they shall receive 180 minutes imprisonment. - If the person evaded from a felony stop, they shall receive 180 minutes imprisonment. - If the person evaded while operating high-performance or oversized motor-vehicle on land, they shall receive 240 minutes imprisonment. This enhancement only applies to vehicles categorized below:
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 no less than 45 minutes imprisonment and no more than 50 minutes 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 no less than 35 minutes imprisonment and no more than 45 minutes imprisonment - Officer may at their discretion either revoke the user's license or permit, or suspend said license or permit for twelve (12) hours.
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 180 minutes 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.
A person who enters the restricted airspace as detailed in Section 4 of the State Aviation Act Of 2015 and refuses to leave such airspace after being ordered to leave such airspace.
- Penal Code (8)10 is a felony punishable by 180 minutes 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.
Title 9. Control Of Deadly Weapons And Equipment ↑
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 no less than 30 minutes imprisonment and no more than 40 minutes imprisonment. -If the individual has a felony on record, they shall receive the maximum sentence.
Unlicensed weapons include the Colt 45, Desert Eagle, Country Rifle, Shotgun 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.
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 no less than 240 minutes imprisonment and no more than 360 minutes 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.
- Penal Code (9)07 is a felony punishable by no less than 180 minutes imprisonment and no more than 240 minutes imprisonment.
(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 no less than 300 minutes imprisonment and no more than 360 minutes 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 no less than 360 minutes imprisonment and no more than 420 minutes imprisonment.
A person who is pointing, holding, 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 by no less than 20 minutes imprisonment and no more than 30 minutes imprisonment, as well as revocation of the person's firearms permit if applicable.
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.
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 no less than 25 minutes imprisonment and no more than 35 minutes imprisonment, as revocation of the person's firearms permit for seven day if applicable.
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.
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 no less than 240 minutes imprisonment and no more than 300 minutes imprisonment.
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 no less than 25 minutes imprisonment and no more than 40 minutes 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.
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 (10)08 for more details. See below for links to appropriate LSPD pages for PF and CCW policies. CCW PF
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 or occur at different time, or occur to different people. Charges can also be stacked for each person they are committed against. Unless an exception exists explicitly.
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.
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.
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.
A person who drives a vehicle and receives three driver warnings shall have their vehicle impounded and their license revoked for between twelve (12) and thirty-six (36) hours at the officer’s discretion.
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.
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 be suspect 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.
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.
No individual may be fined more than $25,000 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.
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.
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.
on any median.
Facing opposing traffic.
On any 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 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.
- 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.
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 present, or on the opposite lane of travel on any freeway or highway.
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 of no less than 15 minutes and no more than 25 minutes.
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.
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.
A person who drives a vehicle or operates heavy machinery while under the influence of alcohol below the legal limit of 0.08 percent BAV and also demonstrates an inability to safely operate their vehicle or equipment.
A person who drives a vehicle or operates heavy machinery for commercial purposes while under the influence of alcohol at or above a 0.04 BAV.
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, and also demonstrates an inability to safely operate their vehicle or equipment.
- Road Law (11)10 is a misdemeanor punishable by no less than 15 minutes imprisonment and no more than 60 minutes imprisonment, as well as the removal of the individual’s license and impoundment of their vehicle. - A person who is a government employee shall receive the maximum sentence and be referred to the HR of their respective State Agency.
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 BAV
- Road Law (11)11 is a felony punishable by no less than 60 minutes imprisonment and no more than 100 minutes imprisonment, as well as the removal of the individual’s license and impoundment of their vehicle. - A person who is a government employee shall receive the maximum sentence and be referred to the HR of their respective State Agency.
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.
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)15 is a misdemeanor punishable by no less than 15 minutes jail time and no more than 25 minutes jail time - The peace officer may also issue a warning or fine up to $4,000 instead at their discretion.
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.
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.
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.
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.
A person who is guilty of (1)12. Mayhem,(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.
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.
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.
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.
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 more than 45 minutes imprisonment will carry their sentence at the San Andreas State Correctional Facility. All persons convicted of less than 30 minutes will carry their sentence at the appropriate county facility. All persons convicted of between 30 and 45 minutes 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 LSPD and SASD 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.
((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 nwould not be placed with the regular prison population.))
For example, Murder carries a maximum punishment when it is committed against a government employee. PD and SD 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. >45 minutes = SACF <30 minutes = County Jail 30-45 minutes = Officer Discretion There may be IC 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.
A person cannot be imprisoned for longer than 900 minutes despite the number of charges on this individual exceeding a 900 minute penalty, unless said sentence is approved by a Justice of the Courts of San Andreas, the Attorney General, or by the Governor of San Andreas
A person who cannot be effectively identified shall be imprisoned for 900 minutes until they can be properly identified or they fulfill the 900 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 unless the Governor issues a pardon.
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.))
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.
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.
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.
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.
The Department of Justice may seek Criminal Fines through the State of San Andreas Court, to accompany imprisonment, for all felony and misdemeanor charges. The court shall impose a fine in all cases, except where the defendant establishes that he is unable to pay and is not likely to become able to pay any fine. A person who articulates and furnishes financial documentation to indicate financial difficulties with paying the fine shall be afforded additional time to pay the fine through a deadline established by the courts or through a payment plan to the Department of Justice. The fines may stack. The fines are as follows:
A District Attorney may charge a person who's arrested for at least one felony, who has been previously convicted of at least one felony, with this clause, which will increase the time due by one-hundred percent (100%) for the repeat offender.
A repeat offender is someone who has been to prison for a felony before and is now arrested for another felony. Only a (Deputy)District Attorney may charge someone with this and it'll double the criminal's time.
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 no less than 60 minutes imprisonment and no more than 300 minutes imprisonment. - Violators are also subject to a fine equal to ten percent of the money laundered.
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 Los Santos Fire Department.
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 Los Santos Fire Department after being explicitly notified by the Los Santos Fire Department 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 150 minutes imprisonment.
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.
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 20 minutes imprisonment and a fine of $2,500.
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.
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 for 45 minutes 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)11 is a misdemeanor punishable by 45 minutes imprisonment and paying of all fines due to the Bureau of Licensing .
This charge may only be applied to a person or a group of person who uses the premises of another business for their own gain, without the registered owner's consent/lease/license. This charge must not be applied to a person operating their own business without a license.
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.
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 & Additions
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.
Acknowledgments to Laos for creation, organization, and development of the new code format and structure.
Acknowledgments to Conti, ObZen, Pitchounette, Warmonkey, Bospy, flemwad, Apophis, Chiky, and others for their feedback on the code through development and revising.