State of San Andreas
Penal Code
State of San Andreas
Penal Code
Welcome to the San Andreas State Penal Code for MemoryZRP.
The State Penal Code provides all citizens and tourists the set of laws that list crimes and the punishment that may be given for them. It is a comprehensive list of crimes, their coordinating definitions, and the applicable punishments attached. The California Penal Code is the primary set of statutes that define criminal offences and criminal procedures under state law.
(If you are looking for a specific penal code, press CTRL + F at the same time and search for the penal code you are trying to find.)
DISCLAIMER: THIS IS A PENAL CODE FOR THE FIVEM COMMUNITY MEMORYZRP. THE PENAL CODE IS USED AS A TEMPLATE FOR THE COMMUNITY AND TO KEEP IT REALISTIC. THE PENAL CODE IS NOT WORDED FROM THE ACTUAL CALIFORNIA PENAL CODE BUT IS SIMILAR.
A violation of any law, ordinance, or regulation by which a fine only, and no imprisonment, may be imposed.
A violation of any law, ordinance, or regulation by which a fine and imprisonment may be sentenced, usually for no more than a 20 month sentence.
Any charge which may be filed and/or convicted as either a misdemeanour or a felony depending on the circumstances of the crimes and the suspect's criminal history.
A crime, typically one involving violence, regarded as more serious than a misdemeanour, and is usually punishable by imprisonment for more than 20 months.
A crime that is treated so seriously that it carries the possibility of a life imprisonment punishment or death penalty. These may not be eligible for expungement.
All person that help an individual who has committed a crime, and specifically assists through purpose or design to hinder or prevent that person's apprehension, trial or punishment.
All persons that help an individual commit a crime; who intentionally aided, counseled, commanded, induced, solicited, requested, procured or actively assisted the person committing the crime; acted with the intent to facilitate the crime; and acted before the crime was complete is guilty of this crime.
HUT stands for "Hold Until Trial". The suspect(s) will be held in the penitentiary until the charges are reviewed in a San Andreas State court.
Broken Bottle, Dagger, Hatchet, Knife, Machete, Switchblade, Bat, Baton, Brass Knuckles, Crowbar, Cue, Flare, Flashlight, Golfclub, Hammer, Nightstick, Small Flashlight, Smoke Grenade, Snowball, Wrench, Jerrycan (no-fuel inside)
Combat Pistol, Ceramic Pistol, Double-Action Revolver, Flare Gun, PD Glock, Revolver, SNS Pistol, Stun Gun, Vintage Pistol
AP Pistol, Desert Eagle, Double-Barreled Shotgun, Heavy Pistol, SMG, Uzi
Carbine Rifle, Advanced Rifle, AK-47, AK-47M, Assault SMG, Heavy Rifle, Special Carbine, Tactical Rifle
Combat MG, Precision Rifle
Fireworks Launcher, Jerrycan (filled with fuel), Molotov, Sticky Bombs
Includes but not limited to: Cocaine, Crack, Heroin, Marijuana, Methamphetamine, Psychedelics (LSD and Mushrooms), Oxycodone, Vicodin, Ecstasy, Opium, Adderall, Xanax, Moonshine, Lean, Hooch, and any prescribed medications without a valid prescription.
1) Any weapon which will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive;
2) The frame or receiver of any such weapon;
3) Any firearm muffler or firearm silencer; or
4) Any destructive device.
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.
Any organization, club, association, or group of two or more people that share a common name or common identifying sign, colour, or symbol, and that engages in or has engaged in a pattern of criminal activity.
Crimes may be deemed to be gang-related if the suspect claims association with a gang, leaves markings of a known gang, and/or wear identifying markers of a gang.
Any person or entity employed by the government or a government entity; Including but not limited to: Police Officers, Correction Officers, Emergency Medical Personnel, Fire Department Employees, Department of Justice Employees and other public officials.
Any property issued to a Government Employee. Such as, but not limited to: weaponry, personal identification, vehicles, protective gear, or other equipment.
A building or location that is owned or operated by a government agency or entity. Including, but not limited to: Police Stations, Prisons, Detention Centers, Military Bases, Government Offices, City Hall and Courthouses.
A device so articulated that an ignition by fire, friction, concussion, chemical reaction, or detonation of any part of the device may cause such sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects.
A device so articulated that an ignition by fire, friction, concussion, detonation, or other method may produce destructive effects primarily through combustion rather than explosion. This is not to include a manufactured device in common use by the general public that is designed to produce combustion for a lawful purpose (such as a lighter, matches, or flare) unless used outside of their purpose of illumination, heating, or cooking.
A motor vehicle, trailer, semi-trailer, snowmobile, any aircraft, or any vessel, equipped for propulsion by mechanical means or by sail.
City/Residential Speed - 50mph
Highways/Country Roads - 80mph
Time served is given at the officer's discretion and for time spent in custody, including whilst waiting for a lawyer to arrive.
The act of verbally, in writing, via an electronic communication device, or social media, specifically threatening to physically harm or kill another, either directly or indirectly, thereby placing them in a state of reasonably sustained fear for their safety or for the safety of their immediate family.
The act of willfully threatening in writing, or via an electronically transmitted device, to commit a crime that will result in death or great bodily injury to another person, either directly or indirectly, with the specific intent that the statement is taken as a threat, where the threat was so unequivocal, unconditional, immediate, and specific as to convey to the person(s) threatened a gravity of purpose and an immediate prospect of execution of the threat, the threat caused the victim to be in sustained fear for his or her own safety or his or her immediate family's safety, and the victim's fear was reasonable under the circumstances.
The act of restricting a person's freedom of movement within any area without legal justification or consent.
The act of restricting a Government Employee's freedom of movement within any area without legal justification or consent.
The act of restricting a Judge's freedom of movement within any area without legal justification or consent.
The unlawful act of taking or confining another person by way of force, instilling fear, or coercion, or holding, detaining, or unlawfully arresting another person without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement.
Being an accessory after the fact to the unlawful act of taking or confining another person by way of force, instilling fear, or coercion, or holding, detaining, or unlawfully arresting another person without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement.
The act of taking a Government Employee by way of force, fear, or coercion a significant distance without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement.
The act of taking a Judge by way of force, fear, or coercion a significant distance without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement.
The unlawful act of taking or confining another person by way of force, instilling fear, or coercion, or holding, detaining, or unlawfully arresting another person without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement, wherein the victim is taken for the purpose of use as a shield, or a hostage as leverage in order to influence the action of any public entity or any other person, to obtain ransom or reward, inflict bodily injury on the victim or any other person, or obtain any other advantage via exchange of the victim.
Being an accessory after the fact to the unlawful act of taking or confining another person by way of force, instilling fear, or coercion, or holding, detaining, or unlawfully arresting another person without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement, wherein the victim is taken for the purpose of use as a shield, or a hostage as leverage in order to influence the action of any public entity or any other person, to obtain ransom or reward, inflict bodily injury on the victim or any other person, or obtain any other advantage via exchange of the victim.
The unlawful act of taking or confining a Government Employee by way of force, instilling fear, or coercion, or holding, detaining, or unlawfully arresting another person without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement, wherein the victim is taken for the purpose of use as a shield, or a hostage as leverage in order to influence the action of any public entity or any other person, to obtain ransom or reward, inflict bodily injury on the victim or any other person, or obtain any other advantage via exchange of the victim.
The unlawful act of taking or confining a Judge by way of force, instilling fear, or coercion, or holding, detaining, or unlawfully arresting another person without their consent, with the understanding that the perpetrator could not reasonably believe the person consented to movement, wherein the victim is taken for the purpose of use as a shield, or a hostage as leverage in order to influence the action of any public entity or any other person, to obtain ransom or reward, inflict bodily injury on the victim or any other person, or obtain any other advantage via exchange of the victim.
The unlawful act of enacting violence or abuse on a spouse, significant other, romantic partner, domestic partner, family member, or household member by another.
The unlawful act of enacting serious bodily injury, grievous violence or serious abuse on a spouse, significant other, romantic partner, domestic partner, family member, or household member by another.
The act of willfully or wantonly engaging in an activity for the purpose of, or regardless of, endangering the life or property of another person or legal entity.
The unlawful attempt, coupled with a present ability, to touch, injure, hit, or commit a violent injury upon another person, or intentionally placing another in fear of injury by some physical act, even if the harm is not actually inflicted.
The unlawful use of force or violence against another person, including hitting, punching, kicking, pushing, or any other actions that causes physical harm or injury to another person without that person's consent.
The unlawful intentional and reckless use of force or violence against another person, resulting in serious bodily injury, physical disfigurement, or a significant loss or impairment of the function of a bodily member or organ.
The unlawful use of force or violence against a Government Employee, including hitting, punching, kicking, pushing, or any other actions that causes physical harm or injury to another person without that person's consent.
The unlawful use of force or violence against a Judge, including hitting, punching, kicking, pushing, or any other actions that causes physical harm or injury to another person without that person's consent.
The act of intentionally assaulting another person and thereby recklessly inflicting substantial bodily harm by means of a weapon, instrument, material, device, substance, or physical object capable of inflicting serious bodily injury, by the manner in which it is being used.
The act of intentionally assaulting a Government Employee and thereby recklessly inflicting substantial bodily harm by means of a weapon, instrument, material, device, substance, or physical object capable of inflicting serious bodily injury, by the manner in which it is being used.
The act of intentionally assaulting a Judge and thereby recklessly inflicting substantial bodily harm by means of a weapon, instrument, material, device, substance, or physical object capable of inflicting serious bodily injury, by the manner in which it is being used.
The act of intentionally assaulting another person and thereby recklessly inflicting substantial bodily harm by means of a weapon, instrument, material, device, substance, or physical object capable of inflicting serious bodily injury, by the manner in which it is being used or intended to be used by virtue of its design or construction. Could include all Classes of Weapons.
The act of intentionally assaulting a Government Employee and thereby recklessly inflicting substantial bodily harm by means of a weapon, instrument, material, device, substance, or physical object capable of inflicting serious bodily injury, by the manner in which it is being used or intended to be used by virtue of its design or construction. Could include all Classes of Weapons
The act of intentionally assaulting a Judge and thereby recklessly inflicting substantial bodily harm by means of a weapon, instrument, material, device, substance, or physical object capable of inflicting serious bodily injury, by the manner in which it is being used or intended to be used by virtue of its design or construction. Could include all Classes of Weapons.
The willful attempt to commit a murder that fails, is prevented, or is intercepted in its perpetration; Or willful the act of taking a significant or “direct step” to cause the death of another; Or the willful act of taking a significant or “direct step” that one could reasonably presume would result in the death of another.
The willful attempt to commit a murder that fails, is prevented, or is intercepted in its perpetration against a Government Employee; Or the willful act of taking a significant or “direct step” to cause the death of a Government Employee; Or the willful act of taking a significant or “direct step” that one could reasonably presume would result in the death of a Government Employee.
The willful attempt to commit a murder that fails, is prevented, or is intercepted in its perpetration against a Judge; Or the willful act of taking a significant or “direct step” to cause the death of a Judge; Or the willful act of taking a significant or “direct step” that one could reasonably presume would result in the death of a Judge.
The act of specifically and deliberately inflicting severe physical or mental pain, injury, or suffering. This concludes that “severe” pain under the statute is including but not limited to “excruciating or agonizing” pain; pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death.”; Or Grievous permanent or debilitating mental anguish that is interference or limiting to the victim.
The act of intentionally killing another person without premeditation or deliberation, as a result of a reckless or negligent act, or as an immediate result of a traumatic event or confrontation.
The act of unintentionally killing another person as a result of a reckless or negligent act, or as a result of the commission of a non-felony crime.
The act of unintentionally killing another person, through the reckless or negligent use of a vehicle.
The act of unlawfully and deliberately killing another person, by any means, with malice aforethought, but without premeditation.
Being an accessory after the fact to the act of unlawfully and deliberately killing another person, by any means, with malice aforethought, but without premeditation.
The act of unlawfully and deliberately killing a Government Employee, by any means, with malice aforethought, but without premeditation.
Being an accessory after the fact to the act of unlawfully and deliberately killing a Government Employee, by any means, with malice aforethought, but without premeditation.
The act of unlawfully and deliberately killing a Judge, by any means, with malice aforethought, but without premeditation.
Being an accessory after the fact to the act of unlawfully and deliberately killing a Judge, by any means, with malice aforethought, but without premeditation.
Any person who:
1) With a premeditated intent, knowingly or intentionally kills another human being;
2) Kills another human being while committing or attempting to commit arson, kidnapping, "any type of" robbery, human trafficking, carjacking, dealing in or manufacturing CDS, or other serious crime commits 1st degree murder.
Being an accessory after the fact to the act where any person:
1) With a premeditated intent, knowingly or intentionally kills another human being;
2) Kills another human being while committing or attempting to commit arson, kidnapping, "any type of" robbery, human trafficking, carjacking, dealing in or manufacturing CDS, or other serious crime commits 1st degree murder.
Any person who:
1) With a premeditated intent, knowingly or intentionally kills a Government Employee;
2) Kills a Government Employee while committing or attempting to commit arson, kidnapping, "any type of" robbery, human trafficking, carjacking, dealing in or manufacturing CDS, or other serious crime commits 1st degree murder.
Being an accessory after the fact to the act where any person:
1) With a premeditated intent, knowingly or intentionally kills a Government Employee;
2) Kills a Government Employee while committing or attempting to commit arson, kidnapping, "any type of" robbery, human trafficking, carjacking, dealing in or manufacturing CDS, or other serious crime commits 1st degree murder.
Any person who:
1) With a premeditated intent, knowingly or intentionally kills a Judge;
2) Kills a Judge being while committing or attempting to commit arson, kidnapping, "any type of" robbery, human trafficking, carjacking, dealing in or manufacturing CDS, or other serious crime commits 1st degree murder.
Being an accessory after the fact to an act where any person:
1) With a premeditated intent, knowingly or intentionally kills a Judge;
2) Kills a Judge being while committing or attempting to commit arson, kidnapping, "any type of" robbery, human trafficking, carjacking, dealing in or manufacturing CDS, or other serious crime commits 1st degree murder.
The act or practice of humans intentionally ingesting the flesh, blood, or internal organs of other human beings. Only defensible under extreme life threatening conditions as the only apparent means of survival.
Any individual(s) that operate under a group, or organization, or club, that engage in a shooting/shootout with other gangs or gang members.
Steals property in the value of less than $5,000 from another person or business.
Steals property in the value of more than $5,000 from another person or business.
Unlawfully acquiring a vehicle belonging to another and/or driving the vehicle without the consent of the owner, such that the owner is likely to be permanently deprived of the vehicle.
Unlawfully taking and/or driving a government vehicle owned by a public servant or peace officer without the owner's consent, with the intent to permanently or temporarily deprive the owner of the vehicle.
Unlawfully taking a vehicle belonging to another, with force or threat of bodily harm, with the intent to permanently or temporarily deprive the owner of the vehicle.
The unlawful act of entering, breaking into, or remaining concealed in a building, or habitation, with the intention to commit a crime.
The act of taking or attempt to carry away with the intent of stealing any thing of value in the care, custody, control, management, or possession of any store, bank, security institution, art institution, or financial institution, including but not limited to all Gruppe Sechs, Fleeca Banks, 24/7 Gas Stations, LTD Gas Stations, Rob's Liquor Stores, or Vangelico's Jewelry Stores through the use of force or fear.
Being an accessory to the act of taking or attempt to carry away with the intent of stealing any thing of value in the care, custody, control, management, or possession of any store, bank, security institution, art institution, or financial institution, including but not limited to all Gruppe Sechs, Fleeca Banks, 24/7 Gas Stations, LTD Gas Stations, Rob's Liquor Stores, or Vangelico's Jewelry Stores through the use of force or fear.
The act of taking or attempt to carry away with the intent of stealing any thing of value in the care, custody, control, management, or possession of any store, bank, security institution, art institution, or financial institution, including but not limited to all Gruppe Sechs, Fleeca Banks, 24/7 Gas Stations, LTD Gas Stations, Rob's Liquor Stores, or Vangelico's Jewelry Stores while armed with firearms, knives, or other weapons, through the use of force or fear.
Being an accessory to the act of taking or attempt to carry away with the intent of stealing any thing of value in the care, custody, control, management, or possession of any store, bank, security institution, art institution, or financial institution, including but not limited to all Gruppe Sechs, Fleeca Banks, 24/7 Gas Stations, LTD Gas Stations, Rob's Liquor Stores, or Vangelico's Jewelry Stores while armed with firearms, knives, or other weapons, through the use of force or fear.
The act of robbing, or being an accessory to, or attempting to rob, or taking or carry away with the intent of stealing any thing of value in the care, custody, control, management, or possession of the vault located in either the Pacific Standard Public Deposit Bank or the Blaine County Savings Bank.
Obtaining services by deception, force, threat, or other unlawful means, or without lawfully compensating the provider for these services provided.
Possession of loose notes, rolled notes, marked bills, inked money bags, or other monies. To be charged when found in relation to committing another Title 2, Title 7, or Title 8 Offense.
Possession of any item that is issued and accessible only in SASP armories to SASP or state employees, including but not limited to GPS Transponders, and Spike Strips.
1) Possession of any items which could have been used to aid in the commission of another Title 2 Offense which is being charged, including but not limited to cards, laptops, blowtorches, or lockpicks of any variety. These items are to be seized; or
2) The possession, control, or use of a still or other distilling apparatus for the manufacture of liquor.
Sale of any items used to aid in the commission of a felony, misdemeanor, or infraction. (Includes but not limited to cards, laptops, blowtorches, distilling apparatus, or lockpicks of any variety.)
Unlawfully taking an aircraft without the consent of the owner, the business, or their appointed representative, and with the intent of using the aircraft for their own profit, purpose, or pleasure.
Impersonates another person that could make them civilly or criminally liable, signing under a false name or providing documentation of another person.
Any person who willfully wears, exhibits, or uses the authorized uniform, insignia, or emblem of a peace officer or public servant, or wears a uniform intended to parody or duplicate the authorized uniform of a peace officer or a public servant and/or any person who willfully and fraudulently introduces the belief that he or she is a peace officer or a public servant by attempting to perform the duties of a peace officer upon others.
Impersonates a Judge by acting or introducing themselves as a Judge to others and attempting to perform judicial duties.
Impersonates a Medical Professional. Acting or introducing themselves as a Medical Professional to others.
Fraudulent use or possession of another person's identifying information.
Possessing a governmental employee's badge or other identifying information that does not belong to the individual possessing it.
The unlawful act of using coercion upon another person with intent to: (1) Obtain property, services, any advantage or immunity; or (2) Restrict unlawfully another's freedom of action. This statute also covers Blackmail, and Protection Schemes.
The unlawful act of knowingly or designedly, by any false or fraudulent representation or pretense, defrauds any other person or money, labor, or property.
Possessing or creating any false government document including but not limited to ID cards and license plates, or creation of false currency.
The illegal process of making large amounts of money generated by a criminal activity, such as drug trafficking or insurrectionist funding, appear to have come from a legitimate source. The money from the criminal activity is considered dirty, and the process "launders" it to make it look clean.
The unlawful acquisition of funds or property through improper and/or unlawful transactions in a manner which is categorized as an attempt at subverting public interest or with a serious disregard for the consequences suffered by the public.
The action of purchasing enough shares (percentages) in a business or firm to challenge the leadership with the threat of a hostile takeover to force the target company to buy the purchased shares(percentage) back at a premium.
A grey market or dark market is the trade of a legal commodity through distribution channels that are not authorized by the original manufacturer or trademark proprietor/or the State. Grey market products (grey goods) are products traded outside the authorized manufacturer's channel. This does not include private sales.
The repeat sale of illegal items or commodities or false currencies (electronic or otherwise) for the puposes of profit without state approval, creating a known "street value".
The sale of illegal items or commodities or false currencies (electronic or otherwise) for the purposes of profit without Government Approval.
Enters knowingly or remains unlawfully in or upon private property.
Entering into or onto private property when you did not have permission, and/or remained unlawfully and are in possession of any weapon with the intent to rob and/or cause bodily harm to any individual on the property. Or after having been convicted of 2 or more previous counts of Misdemeanor Trespassing when being charged with a third count of trespassing. Also given to individuals who enters knowingly or remains unlawfully in or upon government premises without permission or the right to do so.
The act of willfully starting or causing a fire, with or without the intent to do damage to physical property, or causes the burning of any person, animal, structure, forest land, or property.
The act of intentionally defacing with graffiti, destroying, or otherwise damaging any property that does not belong to the individual.
Intentionally causing damage to government property, including vehicles owned by public servants or peace officers and utilized for their work.
The act of discarding items in a non-acceptable container. Leaving trash and other items on the ground.
Confers, or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
A person is guilty of Anti-Mask Law if;
1) Wearing any face covering in a government building or public institution that obstructs the view of an individual's face making it difficult or impossible to identify an individual or otherwise hinders law enforcements duties; and
2) Refuses to remove the mask or face covering when asked to do so while law enforcement are conducting a lawful investigation.
Any person who is in the possession of a weapon, controlled substance, explosives, or any items used to conspire crime whilst in a government facility. Examples of a government facility include, but are not limited to, Pillbox Hill Medical Center, Mission Row Police Department, the Courthouse, Davis Trooper Station, Blaine County Sheriff's Office, or Bolingbroke Penitentiary.
The act of smuggling any item into a government facility that is not otherwise authorized to be on the person of an individual being confined in such facility. This includes any person not confined in the facility smuggling contraband into the facility to another person.
Possesses any physical property that is reported and reasonably believed to be stolen.
The unlawful act of escaping or attempting to escape the custody of peace officers, judges, or other government agency.
A person without lawful authority removes or attempts to remove themselves or another from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period. Or a person is willfully complicit in their own such removal by another person.
An accessory after the fact to a person without lawful authority removing or attempting to remove themselves or another from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period. Or a person is willfully complicit in their own such removal by another person.
Attempting the unlawful act of removing themselves or another from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period. Or a person is willfully complicit in their own such removal by another person.
Knowingly lies under oath verbally or through writing in judicial proceedings.
The unlawful act of willfully disobeying the outlined restrictions of a lawful restraining order. These should be viewed per restraining order per individual. If a person violates the same restraining order multiple times, then they will face a higher consequence.
First & Second Offense = 20 Month / $2,250 Fine
Third Offense or Higher = HUT
The fraudulent appropriation of finances by a person to whom the business funds, or government-granted funds, have been entrusted to, this includes the use of business assets or the finances for non-business, personal, or criminal purposes.
Practices law or medicine without proper state-sanctioned licensing.
A person who makes a request for emergency response when no actual emergency exists, and when the caller does not have a good faith basis to request emergency assistance. Also includes the reporting of a false or non-existent crime.
Conspires to commit any crime with one or more people, and one of them commits an overt act in furtherance of that agreement.
The unlawful act of willfully disobeying or not complying with the terms written in any court-issued order, such as but not limited to, a subpoena, search and seizure, settlement, NDA, plea deal, and Cease and Desist.
Failure to Appear in Court when summoned.
1) The unlawful act of engaging in disorderly or rude behaviour during a court session with intent to interrupt the proceedings of a court, or show disrespect to the court, a judge, or court staff.
2) The unlawful act of publishing a false or grossly inaccurate report of the proceedings of a court.
3) The unlawful act of refusing to be sworn in as a witness, or when so sworn, the like refusal to answer a material question.
Using physical force or willfully absconding (running or walking away) to prevent arrest, handcuffing, or being taken jail or prison.
Malfeasance is the doing of an act which a government employee had no legal right to perform and that when an government employee, through ignorance, inattention, or malice, does that which they have no legal right to perform, or acts without any authority whatsoever, or exceeds, ignores, or abuses their powers, they are guilty of malfeasance. A government employee is any civil servant employed by the state.
This charge can only be placed by the State Attorney's Office.
Operating an event without prior approval, licensure or permit from an authorized Government Entity.
Operating a Business without prior approval, licensure or permit from an authorized Government Entity.
The charge requires approval from the State Attorney's Office.
Willfully refusing or failing to comply with a lawful order, signal, or direction of any peace officer.
Engages in behaviour intending to cause public inconvenience.
Unlawfully fighting, or challenging another person to fight, in a public place. Disturbing another person by loud and unreasonable noise; if this is done willfully and maliciously. Using offensive words in a public place, if the words are likely to provoke an immediate violent reaction.
The unlawful act of reporting a false or nonexistent crime.
Intimidates or pressures another person aggressively with unwelcome words, deeds, actions, or gestures. Continued harassment aggravates the charge leading to $5,000 per occurrence being added to the charge.
Recklessly or with criminal negligence hinders the discovery, apprehension, conviction, or punishment of a person who committed a crime, including issuing threats of violence, impeding the administration of justice, or withholding of non-privileged information or evidence from peace officers.
Intentionally hinders the discovery, apprehension, conviction, or punishment of a person who committed a crime, including intentionally involving oneself in an ongoing criminal act or investigation in such a way that peace officers are impeded from administering justice.
Organizes an event/assembly which results in violent conduct or creates a risk of causing public harm with a group of at least 4 people.
Intentionally standing or waiting idly without apparent purpose. Properties defined but not limited too as Mission Row Police Department, Blaine County Sheriff's Office, Mt. Zonah Medical Center, Bolingbroke, or the Court House.
Accessing any and all electronic devices, services, or accounts without consent or possessing any device capable of facilitating the above. Includes hacking, and the act of breaking into a computer system, usually through exploits to the security network. Hacking can also include accessing someone's personal social media accounts, a business's computer or security system, or any government computer or security system without such consent and authority.
The unlawful act of individually or in association with one or more other persons, willfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle, including the VIN, without the consent of the owner.
The unlawful act of destroying, concealing, or removing a piece of evidence with the purpose of hiding the truth or making an item unavailable for proceeding of an investigation or trial.
The murder or, attempt to murder, or use or threat of physical force, use of intimidation, or use of threats in an attempt to hinder, delay, or prevent an individual from producing testimony or evidence - or as an attempt to alter or destroy evidence or testimony to be produced.
Refusing to provide government-issued identification when there is reasonable suspicion to request it.
When Law enforcement is undertaken without legal authority by a self-appointed group or person.
Participates in an event/assembly which results in violent conduct or creates a risk of causing public harm with a group of at least four people.
1) A government employee who acts outside the interests of the public good or public justice; and
2) A government employee who demonstrates criminal negligence in their duties for private or personal gains; and/or
3) A government employee is convicted by the Department of Justice for committing a felony while on duty for private or personal gains.
This charge requires approval from the State Attorney's Office.
The following, harassing, threatening of another person, to the point where an individual fears for his or her safety.
Knowingly hiding a criminal, who has an active warrant and/or has escaped police custody, from law enforcement in an attempt to aid them in avoiding apprehension.
It is unlawful for any person to be in possession of a controlled/dangerous substance or untaxed alcohol. Any person in possession of [31-42 buds] of Marijuana without a valid prescription, [1 to 4 units] of other CDS without a valid prescription, [6 to 10 bottles] of untaxed alcohol. In the event of a variety of illegal CDS, marijuana and/or untaxed alcohol, the total will be considered CDS in the eyes of the court.
Possesses a controlled/dangerous substance or untaxed alcohol. [5 to 10 units] of other CDS, [43-80 buds] of marijuana, [11 to 30 bottles] of untaxed alcohol. In the event of a variety of illegal CDS, marijuana and/or untaxed alcohol, the total will be considered CDS in the eyes of the court.
Possesses a controlled/dangerous substance or untaxed alcohol. [11 to 100 units] of other CDS, [81-300 buds] of marijuana, or [31+ bottles] of untaxed alcohol. In the event of a variety of illegal CDS, marijuana and/or untaxed alcohol, the total will be considered CDS in the eyes of the court.
1) The unlawful manufacturing, intent to manufacture or harvesting of any controlled/dangerous substance (with exception to Marijuana).
2) Intent to Manufacture can be defined as possession of Immediate precursors means a substance which the government has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance.
3) Planting, cultivating, harvesting, processing any Marijuana in excess of 6 plants.
The unlawful selling of any controlled/dangerous substance(s) or untaxed alcohol.
Any person who manufactures, sells, delivers, or possesses with intent to manufacture, sell or deliver, a controlled substance in excess of [101 to 200 units] of CDS, [301-600 buds] of marijuana, [31 to 50 units] of untaxed alcohol or any combination thereof. This also applies to the illegal selling or transportation of prescription drugs. In the event of a variety of illegal CDS, marijuana and/or untaxed alcohol, the total will be considered CDS in the eyes of the court.
Any person who manufactures, sells, delivers, or possesses with intent to manufacture, sell or deliver, a controlled substance in excess of [201-700 units] of CDS,[601-2100 buds] of marijuana, [51-100 units] of untaxed alcohol or any combination thereof. This also applies to the illegal selling or transportation of prescription drugs. In the event of a variety of illegal CDS, marijuana and/or untaxed alcohol, the total will be considered CDS in the eyes of the court.
Any person who manufactures, sells, delivers, or possesses with intent to manufacture, sell or deliver, a controlled substance in excess of [701 units] of CDS, [2101+ buds] of marijuana, [101+ units] of untaxed alcohol or any combination thereof. This also applies to the illegal selling or transportation of prescription drugs. In the event of a variety of illegal CDS, marijuana and/or untaxed alcohol, the total will be considered CDS in the eyes of the court.
Any act committed after the death of a human being including, but not limited to, dismemberment, disfigurement, mutilation, burning, or any act committed to cause the dead body to be devoured, scattered or dissipated; except, those procedures performed by a state agency or licensed authority in due course of its duties and responsibilities for forensic examination, gathering or removing crime scene evidence, presentation or preservation of evidence, dead body identification, cause of death, autopsy, cremation or burial, organ donation, use of a cadaver for medical educational purposes, or other necessary procedures to identify, remove or dispose of a dead body by the proper authority.
The unlawful act of any person to cause, compel, induce, entice, or procure or attempt to cause, compel, induce, entice, or procure any individual to engage in prostitution.
Offering, for payment, the services of prostitution or offering payment for prostitution.
Unlawfully wagering, or facilitating the wagering, on the outcome of an uncertain event for financial or personal gain.
Solicitation made in person for immediate donation of money or other gratuity. This may be done by vocal appeal (asking, requesting, coercing (badgering), sympathy appeals, harassment, threats, or demands) or by nonvocal appeal (usage of signs or other signals gestures, postures etc).
A person who is under the influence of Alcohol or a Controlled Dangerous Substance, in a public place.
The unlawful act of willfully exposing their person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby.
Requesting, commanding, paying, coercing or encouraging another person to commit, attempt to commit, or be an accomplice to any crime.
Hinders Medical or Fire personnel in the performance of their duties.
The unlawful drawing or exhibition of a deadly weapon in the presence of another person and not in self-defense or in defense of someone or otherwise displaying a weapon in public without a legal reason.
Open Carry is not a legal reason to have a weapon in your hand. To open carry, the weapon must be holstered or attached to a sling.
The unlawful act of knowingly discharging, or causing to be discharged, any electrical stun gun, propelled bean bag, tear gas, or any similar deleterious agent against another person without cause, especially in knowing the other person to be a Government Employee who is acting in the course of official duty.
The unlawful act of willfully or unwillfully discharges a firearm, in a negligent manner, which could result in someone's injury, death, or damage to property.
The unlawful act of willfully and maliciously discharging a firearm, whether directly or indirectly at another person or inhabited dwelling from any vehicle. This violation does not require that the discharge of the weapon actually injures someone, merely that in their negligent act that they could have.
An accidental discharge of the firearm, which is not willful and malicious, is not a violation.
The unlawful act of owning, possessing, or having under their custody or control, any ammunition or reloaded ammunition by a person who is prohibited from owning or possessing a firearm. Only to be charged when without possessing the weapon itself.
Possession of a Class 1 weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the weapon is not purchasable at one of the states of San Andreas' approved legal vendors.
Possession of a Class 2 weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the weapon is not purchasable at one of the states of San Andreas' approved legal vendors.
Possession of a Class 3 weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the weapon is not purchasable at one of the states of San Andreas' approved legal vendors.
Possession of a Class 4 weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the weapon is not purchasable at one of the states of San Andreas' approved legal vendors.
Possession of a Class 5 weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the weapon is not purchasable at one of the states of San Andreas' approved legal vendors.
Possession of a Class 1 government-issued weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the individual is not employed by the state of San Andreas or otherwise authorized to carry the weapon.
Possession of a Class 2 government-issued weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the individual is not employed by the state of San Andreas or otherwise authorized to carry the weapon.
Possession of a Class 3 government-issued weapon, either operable or inoperable, with or without ammunition, where at least one of the following is true:
1) the individual does not have a proper license,
2) the weapon is not registered to the individual possessing it, or
3) the individual is not employed by the state of San Andreas or otherwise authorized to carry the weapon.
The act of possessing any weapon modification device(s) that would so alter any weapon to be unlawful. To include, but not limited to; any device that would alter the rate of fire of any firearm from a semi-automatic state to a burst or fully automatic state, or a state in which selective fire is possible. Any device that would dampen the sound of a firearm. Any magazine which has increased capacity than the standard issued magazine. Any and all removable optics, including large and small scopes. Any other device that would so alter any weapon from a once legal form to an unlawful state.
The act of possessing, controlling, owning, or having under their custody or control, any incendiary device or explosive device.
The unlawful act of intentionally placing, using, or attempting to use an explosive or incendiary device against any real person or property and detonate or otherwise ignite said device, either directly or indirectly, or use the device to intimidate or terrify any person. This shall include but not be limited to the use of tanker trucks, molotovs, cars ignited in gasoline, or tanks/barrels full of combustible liquid for the purpose of causing an explosion or other destruction.
Person uses and/or discharges any Class of weapon, outside of the limitations of self defense.
Use is defined as: The act of aiming, firing, and/or displaying any weapon in a manner to intimidate or otherwise coerce another in the volition of a crime, and/or causing any form of physical bodily injury to a person.
Person uses and/or discharges a firearm, outside the limitations of self defense, at a government facility.
Use is defined as: The act of aiming, firing, and/or displaying any weapon in a manner to intimidate or otherwise coerce another in the volition of a crime, and/or causing any form of physical bodily injury to a person.
The unlawful act of selling, purchasing, or exchanging of a Class 1 weapon without proper licensure.
The unlawful act of selling, purchasing, or exchanging of a Class 2 weapon without proper licensure.
The unlawful act of selling, purchasing, or exchanging of a Class 3 weapon without proper licensure.
The unlawful act of selling, purchasing, or exchanging of a Class 4 weapon without proper licensure.
The unlawful act of selling, purchasing, or exchanging of a Class 5 weapon without proper licensure.
Any person who is found to be in possession of six(6) or more class 1, class 2, class 3, class 4 and/or class 5 firearms on their person or stored in one location. This charge is to be added in addition to the possession charges.
The illicit trade, sale, and/or transport of contraband firearms, their ammunition, and any other weapon or weapon accessories for contraband weaponry, including large bladed weapons, defined as 5+ of any aforementioned criteria. Any person or entity acting as an intermediary, also known as a "Broker"; by arranging or facilitating a potential transaction in return for financial or other benefit shall also be guilty of Weapons Trafficking. May include "Straw Purchasing" where applicable.
The illicit trade, sale, and/or transport of contraband firearms, their ammunition, and any other weapon or weapon accessories for contraband weaponry, including large bladed weapons, defined as 10+ of any aforementioned criteria. Any person or entity acting as an intermediary, also known as a "Broker"; by arranging or facilitating a potential transaction in return for financial or other benefit shall also be guilty of Weapons Trafficking. May include "Straw Purchasing" where applicable.
The illicit trade, sale, and/or transport of contraband firearms, their ammunition, and any other weapon or weapon accessories for contraband weaponry, including large bladed weapons, defined as 20+ of any aforementioned criteria. Any person or entity acting as an intermediary, also known as a "Broker"; by arranging or facilitating a potential transaction in return for financial or other benefit shall also be guilty of Weapons Trafficking. May include "Straw Purchasing" where applicable.
When someone participates in acts of mass destruction, including but not limited to, mass murder, causing explosions, and mass arson in the pursuit of social, political, or economical aims. Can include monetary gains or not.
Committing an act "dangerous to human life" that is a violation of criminal laws within the jurisdiction of San Andreas District Court, if the act appears to be intended to intimidate or coerce a civilian population; influence the policy or an act of government or it's entities by intimidation or coercion; or to affect the conduct of a government by attempt of acts or acts of mass destruction, assassination or kidnapping.
The unlawful act of operating a vehicle or bicycle while affected by drug or alcohol intoxication.
Flees from a peace officer to avoid being apprehended, detained, or arrested while on foot, or in a vehicle, including as a passenger.
Fleeing from police custody in a motor vehicle with willful or wanton disregard for the safety of one's self or the safety of others, or in such a manner that would likely cause injury or death.
The unlawful act of a driver failing to pull to the side of the road or safely move out of the way and reduce speed when an emergency vehicle is active with light and/or sirens.
Failure to obey any sign erected or maintained. Including regulatory and warning signs, or pavement markings.
Drives a nonfunctional or unsafe vehicle, e.g. smashed windows, illegal window tint (fully blacked out windows), missing doors, etc.
Drives in a way that is negligent, demonstrating a lack of proper regard or attention to safety, with no regard to basic traffic rules.
Driving with a willful or wanton disregard for the safety of one's self or the safety of others, or in such a manner that would likely cause injury or death.
Speeds in excess of 1 mph to 30 mph over the posted limit.
Speeds in excess of 31 mph to 60 mph over the posted limit.
Speeds in excess of more than 61+ mph over the posted limit.
No person shall operate a vehicle at any time when that person does not possess the proper license for such vehicle or such license is suspended or revoked, or without a valid physical government identification card in their possession.
Any turn around at an intersection that is marked that U-turns are not permitted. Turning around and changing direction of travel in the middle of a roadway, such as crossing a yellow line to change directions. A legal U-turn should only be performed at an intersection that is not clearly marked against it and executed in a safe manner.
Passing another vehicle by a shoulder, median, or solid lines. Passing must be completely made without interfering with safe operation of any approaching vehicle from the opposite direction.
Failure to maintain control of a vehicle within an appropriate lane of travel.
Performing a turn at a stop sign or red light without coming to a full and complete stop, or failure to yield to traffic and pedestrians. Making a left-hand turn where signs posted prohibit such a turn. Making a turn from an opposite lane. Making a turn at an intersection that is clearly marked that no turns can be made, or turning in the opposite direction of a "turn only lane" indication.
All wheels must come to a complete stop before beginning a forward motion. The driver must remain stopped and yield to all oncoming traffic before continuing a forward movement. In the event of a 4-Way stop intersection, the first vehicle to arrive and completely stop is permitted to to continue first, then in order as they arrived and stopped.
Parking a vehicle in a fire lane, emergency lane, or red curb and/or blocking access to a fire hydrant. Parking a vehicle in an unsafe manner that could cause damage to property or life such as on a sidewalk or in the middle of a roadway. Parking in a manner that impedes the flow of traffic. Failure to park within marked lines in a parking lot. Or parking in a clearly marked "No Parking" zone. Or in a handicap designated parking spot without authorization to do so.
The unlawful act of being the operator of a vehicle or a vessel involved in an accident resulting in injury or death or damage to property of another person, and having knowledge of the accident leaving the scene without stopping and giving identifiable information to the other party or to a public servant or peace officer, or rendering aid to anyone who may be in need of aid.
Failing to use your headlights to be able to see safely in low light situations or allowing other vehicles to see you.
The unlawful act of participating in an unsanctioned auto race which takes place on a public road, highway, or freeway. Driver's License may be subject to removal.
Sometimes referred to as Joyriding. The unlawful act of taking a vehicle without the consent of the owner, without intent to deprive the owner permanently of the vehicle.
The unlawful operating of a vehicle that does not have a visible license plate. The car is to be impounded if within city limits.
The unlawful act of crossing a roadway at any place except in a designated crosswalk while minding traffic control signal devices.
Any modification applied to a vehicle that would unlawfully alter the performance and/or any body modifications that would render the vehicle unsafe or unroadworthy. Any parts applied to the vehicle that cannot be purchase from either an authorized dealership, mechanic shop, or body shop.
The driver of a vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with their horn, but shall not otherwise use their horn or in excess upon a roadway of this state.
The act of illegally operating a motor vehicle on a public roadway that is not registered to the State of San Andreas. An unregistered vehicle MUST be impounded.
Operating or attempting to operate an aircraft without the proper license.
Flying in an unauthorized area when not responding to an emergency call.
Maintain ATC radio frequency at all times during flights.
Failure to report recreational flight via ATC prior to takeoff.
Helicopter Landing in any undesignated landing areas, and/or less than 75m from any roadway, or residence, or built up structure. Fixed wing aircraft are forbidden from landing at any place except designated runways. Aircraft equipped with pontoons or other aircraft flotation equipment may land on waterways however must remain 75m from any bridge or water vessel, or swimming areas.
All flights must maintain minimum altitudes of 1500 ft over city limits and 750 ft over county areas.
Unlawfully taking an aircraft without the consent of the owner, the business, or their appointed representative, and with the intent of using the aircraft for their own profit, purpose, or pleasure. Enhancement: if the attached crime involves government officials, and/or equipment, The fine may be doubled and time should not be negotiable.
Piloting any aircraft which does not have a valid registration. This is to exclude rental aircrafts with the tail number prefix of "RENT" and "PEG".
Hunting outside of the defined boundaries of the hunting area.
Performing the act of hunting or fishing without being in possession of the appropriate license(s).
Hunting outside of the window of 05:00 and 19:30.
Maliciously and intentionally wounds or kills an animal.
The use of any firearm that is a not a hunting rifle in the act of hunting.
P.C. 10006 - Overhunting (Misdemeanor)
Illegally killing more than allowed through collecting over the limit of pelts, meat, antlers etc, allowed by the season's stipulations published by the San Andreas State Police.
Illegally catching or possessing more than allowed through collecting over the limit of fish allowed by the season's stipulations published by the San Andreas State Police.
When found to unlawfully killed any legal or illegal game. To include killing, maiming, or otherwise; outside of the authorized hunting grounds. May be stacked with "Hunting Without a License" and/or "Animal Cruelty" where applicable. This also includes the act of harvesting, processing, injuring, being in physical possession, or otherwise containing an endangered species.
To include, but not limited to; All kind of Sharks, Dolphins, Whales, Turtles, Bluefin Tuna, Cougars, Domestic Animals.
A Citizen of San Andreas is within their rights to defend their place of business, their place of residence, and their property within reasonable escalation of force based on perceived threat.
A citizen met with violence on their place of business, residence, or property has no obligation to flee from an aggressor.
The means of retaliatory force must be lawful in nature. Unlawful escalations of force in means of abuse of the Castle Law will be criminally prosecuted.
The last positive controller or documented controller of property is responsible for the legal ramifications of said property or the items contained therein should any evidence be seized in the process of a criminal investigation.
The documented controller must provide legal notification to Law Enforcement when they lose control of property.
The process in which law enforcement officers seize assets from persons proven to be involved with crime or illegal activities.
While civil procedure, as opposed to criminal procedure, generally involve a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and Property- such as a pile of cash or a house or vehicle, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must prove it was not involved in criminal activity. Sometimes it can mean a threat to seize property as well as the act of seizure itself.
One is in constructive possession of an item, object, or property in which they have the means to assume control of said property without the consent of another party.
An act causing the death of another constitutes murder when it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.
It is required by law to have a valid driver's license and all endorsements needed for the type of vehicle being operated in the State of San Andreas.
A citizen's drivers license will become revoked after 30 license points have been accumulated on their record.
A citizen may petition the court to have their driving privileges returned after a period of 14 days from the date of revocation.
Drivers license points remove themselves 30 days after time of issuance.
Before a person can avail himself of the plea of self-defense against the charge of homicide, he must do everything in his power, consistent with his safety, to avoid the danger and avoid the necessity of taking life. If one has reason to believe that he will be attacked, in a manner which threatens him with bodily injury, he must avoid the attack if it is possible to do so, and the right of self-defense does not arise until he has done everything in his power to prevent its necessity.
If a Last Will and Testament is to be filed by the deceased party before their demise they shall name an Executor, or petition the State to have a sitting Judge serve as Executor. All Items proclaimed for execution and actions found lawful within the will shall be handled as if issued by San Andreas District Court Order.
The Executor shall have complete control and authority of the estate upon which all items named in said will are to be transferred in custody to the Executor so that said named party may execute the handling of the estate, and actions described in the will as is their duty. In the event of contested divisions of estate by multiple Heirs Apparent the estate may be liquidated and paid in equal parts to each Heir Apparent as decided by a lawful Judge of the State of San Andreas.
Any Failures to perform duties in true faith by the Executor, Acts of Subversion by the named beneficiaries, or interference of third parties in the execution of a Will may be met with prosecutorial action including Violation of a Court Order and Contempt of Court.
Wills not filed with the State of San Andreas shall be deemed ineffective and the estate in its entirety shall be reclaimed by the State of San Andreas.
Depraved Indifference is presumed if the actor is engaged in the commission of, an attempt to commit, or flight after committing robbery, arson, or kidnapping.
A law enforcement officer may enter into a property without a warrant if they believe that the people within the property are in imminent danger, evidence is being immediately destroyed, or a fleeing suspect was seen entering the property by the officer.
When a vehicle is being lawfully seized into police custody as evidence or impound, a search of the vehicle is considered reasonable due to civil liability considerations.
When probable cause leads to an arrest for a Capital offense, but the investigation is ongoing, the Defendant must be formally charged and read their charges within 48 hours of the arrest or the Defendant must be released without bond or bail. A violation of this maximum Investigative Hold after an arrest is a per se violation of the 6th Amendment right to a speedy trial.
Jeopardy attaches to an accused's prosecution when formal charges are read to and placed on the accused by the arraigning officer such that the accused is afforded their right to a plea.
A sitting Judge shall not be named as the defendant in a civil suit for performing their duties on behalf of the State. A Judge may be named as a defendant for actions taken outside of their Judicial Capacities.
One party to a conversation may record the conversation without the knowledge of consent of the other parties.
It is required by law to have a valid pilot's license and all endorsements needed for the type of aircraft being operated in the State of San Andreas.
Felons are ineligible for a pilots license. License may be revoked upon arrest or anytime after arrest.
Pilot's license may be revoked at any point if the license holder is a felon or if in a 90 day period the license holder has accumulated more than 5 aircraft related infractions (PC 9030,9031,9032,9033, and/or 9035)
During the execution of a warrant any illegal items discovered that are not within the scope of the warrant are subject to seizure as evidence and legally admissible in the court of San Andreas.
A Prosecutor in good faith and pursuance of their duties shall not be named as the defendant in a civil suit for performing their duties on behalf of the State. Such claims may be pursued in the one instance of demonstrated Prosecutorial Misconduct which must be demonstrated to a preponderance within the case filing.
A law enforcement officer in the good faith and pursuance of their duties that causes property or personal damages to the citizens of San Andreas shall not be held personally liable for civil claims, such claims of liability if proven shall be paid by the state to the Plaintiff(s).
Qualified Immunity is to be invoked upon the court floor and proven through evidence and testimony.
During a Criminal Proceeding, no Affidavit shall be submitted in lieu of testimony except in extenuating circumstances that shall be assessed on a case-by-case basis.
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including –in certain circumstances– the use of deadly force.
A Law enforcement officer may establish Reasonable Suspicion and may proceed to investigative detainment based on the active concealment of identity through any means while in public or on public property.
Any citizen who is asked to produce identification by a law enforcement officer that has Reasonable Suspicion must do so by law. Officers do not need Reasonable Suspicion to ask a citizen to produce identification while inside a government facility or if the individual is concealing their identity through the use of a mask or face covering.
1) Any car that is not legally registered is subject to seizure by the State of San Andreas to be destroyed.
2) Any car used in the commission of a felony may be impounded and receive a strike.
San Andreas requires that a person obtain a valid weapon license in order to purchase or possess any firearms.
Citizens of San Andreas have a right to apply for a license to carry a firearm upon being granted citizenship to the State of San Andreas. The process to obtain a weapon license includes being able to pass a firearms safety quiz, a DNA swab to be collected, processed, and saved to the record of the individual, and a minimum 3-day wait period.
This License to carry also constitutes the right to conceal carry. In order to open carry in the State of San Andreas, only legally purchased and owned firearms may be visibly secured in a holster.
A citizen's weapons license will be revoked by law enforcement if the citizen is charged with any felony.
Evidence of Monetary Damages for civil claim shall be accepted up to 30 days after the alleged event of damages occurred.
Any claims of greater than $50,000 per tort must seek judicial approval.
Evidence Of the Following Crimes shall be permissible in the court of law for prosecutorial purposes based on the gravity of the crime alleged.
Capital Offense = indefinite
Felony Offense = 30 days
Misdemeanor Offense = 14 days
These statues may be waived at any point under judicial order.
When an Accused is formally charged with a Capital Offense or HUT charge, the Prosecution must open the case on the Docket section of the Government Website within 72 hours of formal charges being read. Failure to file the case on the Docket within 72 hours will result in dismissal of charges with prejudice.
WIP
Requires 30 days without felony or misdemeanor, or other infraction or violation being entered onto the citizen's record.
Upon completion of this, the representative of the requester will file with the DoJ, after paying the filing fees, whereupon the request will be reviewed by a judge. If approved, the records of the requester will be sealed for 30 days. After those 30 days, if the requester has remained without criminal charge, the record will be permanently sealed. Requests are subject to judge's discretion. A judge may choose to require an expungement hearing for the requestor and their counsel. Some felonies may not be considered as able to removed from a record.
Filing fees are subject to change.
Medical Services are subject to a "Duty to Comply" with law enforcement, however are still subject to HIPAA. HIPAA prevents medical personnel from releasing personal information to anyone beyond those declared by the patient verbally or in writing. HIPAA does not prevent court orders, when the patient is deemed to be a danger to themselves or the public or to interfere with law enforcement (this is only relevant to very basic information as instructed to medical personnel). or the one-word condition, use the terms “undetermined”, “good”, “fair”, “serious”, “critical”, or "deceased". Definitions of patient conditions are listed below:
Undetermined - Patient is awaiting physician and/or assessment.
Good - Vital signs are stable and within normal limits. Patient is conscious and comfortable. Indicators are excellent.
Fair - Vital signs are stable and within normal limits. Patient is conscious, but may be uncomfortable. Indicators are favorable.
Serious - Vital signs may be unstable and not within normal limits. Patient is acutely ill.Indicators are questionable.
Critical - Vital signs are unstable and not within normal limits. Patient may be unconscious. Indicators are unfavorable.
Deceased - The patient has been declared dead.
Duty to Report - Deaths
In the absence of a Coroner, Medical Service providers have a duty to promptly report any and all Deaths to the SASP. Medical Service providers may disclose protected health information to SASP for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law.
Medical Licenses and BAR certifications are coupled to employment with SAMS and/or the DOJ. You can not hold either of these licenses without being a member in good standing with the respective organization.
Marriage licenses are available via the court system. All parties must be present to sign the appropriate documents with a judge or other authorized notaries.
The purchase of said license includes a change of name if so desired.
Please note, this is not a ceremony, but the simple legal licensure.
One may apply for change of name through a lawyer for the State of San Andreas. All required documentation must be submitted and the court filing fee must be paid before a judge reviews the request.
A citizen's name may only be changed once per 30 days at judge's discretion. A judge can, and may, decline a name change request for a multitude of reasons.
In the State of San Andreas, a defendant facing criminal charges has several options for pleading to those charges. These pleas include:
(1) Not Guilty
Indicates that the defendant denies the charge(s) and wishes to have a trial to determine their guilt or innocence.
When a suspect pleads Not Guilty, they will be allotted 30 days from the day they are charged with the crime(s) to seek an attorney to contest the charges in a court of law. If they do not do so, the case will be reviewed by a judge who will, at their discretion, either alter the plea on behalf of the defendant to No Contest or issue a judgement on the facts presented.
(2) Guilty
Indicates that the defendant admits to the charge(s) and is willing to accept the consequences.
(3) No Contest
Similar to a guilty plea, but the defendant is not admitting guilt. Instead, the defendant is simply agreeing to not contest the charges and accept the consequences of the charges without admitting or denying that they committed the crime.
If a suspect refuses to plea, then law enforcement officers, the State Attorney's Office, or the Court will automatically enter a plea of Not Guilty on their behalf and the case will proceed to trial. The suspect will be ordered and required to attend court on behalf of the charges, with or without legal counsel as with any other Not Guilty plea.
When charged with a crime and having entered a plea of Not Guilty, the defendant inherently agrees to appear at court. Failure to do so will be considered contempt of court with the repercussions to be determined by the presiding judge. Additionally the defendant may be subject to a warrant for their arrest.
All protective orders, or restraining orders, shall only be issued for a maximum of 90 days. Protective order requests must be filed with an attorney and reviewed by a judge. A judge may request a hearing with both parties having the opportunity to speak on behalf of the order. If approved, at the end of the 90 days, if the person seeking the protective order wishes they may request to have the order extended by reappearing in court for a judge to issue a continuance as needed.
All restraining orders previously filed with no fixed length issued prior to December 23rd, 2022 shall remain valid only until January 31, 2023, at which point they will no longer be valid and will require a hearing to request extending the order.
Section 1: Personal Possession Limit
1.1 Personal possession of marijuana shall be limited to a maximum of 30 buds or thier equivalent per individual.
Section 2: Personal Cultivation Allowance
2.1 Personal cultivation of marijuana shall be permissible up to a maximum of 6 plants per individual.
Section 3: Storage Allowance
3.1 All individuals are granted the right to store marijuana in one of their primary owned residences, including any one House, Penthouse, or Alta apartment.
3.2 The storage allowance for marijuana in a primary residence shall not exceed 120 buds, in addition to the 30 buds allowed for personal possession.
3.3 The storage allowance specified in 3.2 may be revoked if there is credible evidence of sales or distribution of marijuana.
3.4 Commercial/industrial offices and/or warehouses are exempted from the storage allowance specified in 3.2.
3.5 Motel rooms are also exempted from the storage allowance specified in 3.2.
Link: San Andreas State Firearms Protocol
Police can stop and conduct a warrantless search of an automobile if there is probable cause to believe that the vehicle contains contraband or evidence.
The United States Supreme Court established an irrebuttable presumption that a statement is involuntary if made during a custodial interrogation without the "Miranda Warnings" given. The warning requirements only apply when a person is in custody and interrogated. In the case, "custody" is an arrest or when freedom is significantly deprived to be equivalent to an arrest. "Interrogation" is the use of words or actions to elicit an incriminating response from a person.
A Law Enforcement Officer can briefly detain a person, based upon reasonable suspicion of criminal activity, long enough to dispel the suspicion or to allow it to rise to the level of probable cause for an arrest. The Officer is also permitted to do a limited "frisk" search of the person without a warrant. Before the officer can have articulable facts that the person could be armed with a weapon. Frisk search the subject, they must:
1) Have articulable facts that the person could be armed with a weapon.
2) Limit the search to a "pat" down search of the outer garments of the suspect to feel for objects that might be a weapon.
3) Only reach inside the clothing after feeling such objects.
A United States Supreme Court criminal law decision holding that a police officer ordering a person out of a vehicle following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment to the Unite States Consitution.
The use of deadly force to stop a fleeing felon is not justified unless it is necessary to prevent the escape, and it complies with the following requirements:
1) The officer has to have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
2) The suspect is a known felon who always ends up seriously injuring a police officer or others and deadly force can be used if proven, to stop any further deaths or serious physical injuries from happening.
The United States Supreme Court case held that absent exigency, the warrantless search of a passenger's container capable of holding the object of a search for which is probable cause is not a violation of the Fourth Amendment to the United States Constitution because it is justified under the automobile exception as an effect of the car.
The United States Supreme Court decided that a mouth swab of an arrestee's DNA is comparable to fingerprinting and therefore, a legal police booking procedure that is reasonable under the Fourth Amendment only when charging the arrestee with a violent crime.