SSDOJRP Penal Code
SSDOJRP Penal Code
Embedded Files
This document is to be used for all members of SSDOJ as its purpose is for the creation of documentation 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.
This document is only for use in-game and does not reflect or create a set of rules outside of SSDOJ and serves to cultivate, ensure, and provide the necessary information for the laws of San Andreas.
SSDOJ PENAL CODE CONTENTS:
Title 1 - Crimes Against The Person
Title 1 - Crimes Against The Person
(1)01. Criminal Threats:
(1)01. Criminal Threats:
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety.
Penal Code (1)01 is a felony punishable by imprisonment AFTER the 3rd strike. (See (13)22. Three Strikes Policy for more information)
(1)02. Assault:
(1)02. Assault:
A person who intentionally puts another in the reasonable belief of imminent physical harm or offensive contact.
Penal Code (1)02 is a misdemeanor punishable by imprisonment
NOTES:
Assault is defined by distance the threats occur. Someone a few feet away threatening to harm or kill you at any moment is assault. Intimidation is less severe as there’s a distance that someone can escape through, or that the perpetrator has more time to reconsider the threat.
Any unwanted physical contact is considered to be battery, however grabbing someone during a threat may be either assault or battery, depending on intention and interpretation.
(1)03. Assault With A Deadly Weapon:
(1)03. Assault With A Deadly Weapon:
A person who attempts to cause or threaten immediate harm to another while using a weapon, tool, or another dangerous item to communicate that threat.
Penal Code (1)03 is a felony punishable by imprisonment.
NOTES:
Assault With A Deadly Weapon matches the description of Assault, but the perpetrator also has a weapon or tool being used to communicate or facilitate that violence or fear. See Assault for additional notes. Any act of Intimidation with a weapon is considered Assault With a Deadly Weapon, but they must be visibly seen for this to count.
(1)04. Battery:
(1)04. Battery:
A person who uses intentional and unlawful force or violence to cause physical harm to another person.
Penal Code (1)04 is a misdemeanor punishable by imprisonment.
NOTES:
Battery is defined as the moment aggressive physical contact occurs. The first punch or two would be Battery. To keep punching and fighting extensively afterward is Aggravated Battery.
Grabbing someone may be either assault or battery, depending on the circumstances. Discharging bodily fluids onto another without their consent is considered battery.
(1)05. Aggravated Battery:
(1)05. Aggravated Battery:
A person who uses great or continued force or violence against another person.
Penal Code (1)05 is a misdemeanor punishable by imprisonment.
NOTES :
Aggravated Battery is the continued violence or battery against an individual, such as an ongoing fight or brawl, that doesn’t lead to severe bodily harm or life threatening injury.
(1)06. Manslaughter:
(1)06. Manslaughter:
A person who unintentionally kills another, with or without a quarrel or heat of passion.
A person who, through a criminal accident or negligence, causes someone's death.
Penal Code (1)06 is a felony punishable by imprisonment.
If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
NOTES:
Manslaughter is murder that is not premeditated or proven to have intent or an opportunity to pause and reflect on killing that person. An opportunity to reflect (and therefore possibly change your mind) demonstrates premeditation and is murder. Manslaughter is only charged in the penal code when some sort of criminal negligence or action can be proven. Killing someone while driving drunk is manslaughter. Accidentally killing someone who jaywalks outside of a crosswalk is not criminal.
(1)07. Attempted Murder:
(1)07. Attempted Murder:
A person who deliberately and intentionally attempts to kill or cause life-threatening harm to another person through premeditated actions.
A person who, by criminal accident, negligence, or in the heat of passion, causes severe or life-threatening bodily harm to another person.
Penal Code (1)07 is a felony punishable by imprisonment.
If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
NOTES :
Attempted Murder is a catch-all for any action that leads to severe bodily harm. It's range in imprisonment is intended to account for when such severe harm is premeditated or accidental.
For accidents and negligence there must be evidence of foul play, criminality in the instance, or some other factor beyond a truly accidental incident. For example, injuring someone while speeding or intoxicated.
Aggravated Battery is much less severe and would not, for example, leave someone in a coma or brutally wounded. There is however also no guarantee that being brutally wounded means attempted Murder as it depends on how the situation is Roleplayed.
(1)08. Attempted Murder of a Peace Officer:
(1)08. Attempted Murder of a Peace Officer:
A person who deliberately and intentionally attempts to kill a peace officer or cause life-threatening harm to a peace officer through premeditated actions.
A person who, by criminal accident, negligence, or in the heat of passion, causes severe or life-threatening bodily harm to a peace officer.
Penal Code (1)08 is a felony punishable by imprisonment.
NOTES:
(Insert something about Premeditated. Refer to (13)26. Premeditated for additional sentencing times)
(1)09. Murder:
(1)09. Murder:
A person who unlawfully kills another with malicious intent.
A person who commits murder while engaging in a felony offence that has been proven to be a premeditated act.
Penal Code (1)09 is a felony punishable by imprisonment.
NOTES:
Murder is defined clearly by a person’s premeditated forethought or plan to commit the murder.
Manslaughter happens in a heat of passion, by criminal negligence or accident, or for some other incident that is not expected. The only exception to this is when someone commits a planned felony, such as planning to commit an arson.
If someone dies as a result of the premeditated arson, it is no longer manslaughter and instead murder.
(1)10. Murder of a Peace Officer:
(1)10. Murder of a Peace Officer:
A person who unlawfully kills a peace officer with malicious intent.
A person who commits murder on a peace officer while engaging in a felony offence that has been proven to be a premeditated act.
Penal Code (1)10 is a felony punishable by imprisonment.
NOTES:
Murder is defined clearly by a person’s premeditated forethought or plan to commit the murder.
Manslaughter happens in a heat of passion, by criminal negligence or accident, or for some other incident that is not expected. The only exception to this is when someone commits a planned felony, such as planning to commit an arson.
If someone dies as a result of the premeditated arson, it is no longer manslaughter and instead murder.
(1)11. False Imprisonment:
(1)11. False Imprisonment:
A person who detains or arrests another without their consent (or the consent of their guardian) without premeditated intent or ransom for less than one hour.
A person who performs an unlawful citizen’s arrest.
Penal Code (1)11 is a felony punishable by imprisonment.
If committed against a minor the perpetrator is punishable by the maximum sentence.
NOTES:
False Imprisonment is when someone is held against their will for less than one hour, without any premeditated intent (such as a plan to kidnap someone) or when there is no intention to ransom the individual.
Citizens arrest is a limited tool (defined elsewhere in the penal code) to hold individuals while awaiting police custody. Doing this unlawfully is considered a False Imprisonment.
(1)12. Kidnapping:
(1)12. Kidnapping:
A person who detains or arrests another without their consent (or the consent of their guardian) with the premeditated intent to do so
A person who detains or arrests another without their consent (or the consent of their guardian) for more than one hour.
A person who detains or arrests another without their consent (or the consent of their guardian) with the intent or decision to hold that individual for a ransom of any kind.
Penal Code (1)12 is a felony punishable by imprisonment.
If committed against a minor the perpetrator is punishable by the maximum sentence.
NOTES:
Kidnapping is defined by a more egregious act of False Imprisonment.
Kidnapping is when the False Imprisonment is premeditated or planned, done for ransom (any reward or action in return for the person’s safe return,) or for more than one hour, regardless of intent.
(1)13. Torture:
(1)13. Torture:
A person who intentionally causes extreme pain and suffering to someone.
A person who causes pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.
Penal Code (1)13 is a felony punishable by imprisonment.
NOTES:
Torture is in many ways a penal code entry to enhance other charges. Torture can be added to any change in an instance where Torture took place while, or along with, the crime being committed. It is not automatically applied to charges that may be considered Torture (such as an
Arson that leads to Murder) unless there is the demonstration of the perpetrator torturing someone specifically in that act of Arson. Ultimately it is up to police to use this charge responsibly.
(1)14. Domestic Violence:
(1)14. Domestic Violence:
Violent or aggressive behaviour within the home, involving the violent abuse of a spouse, partner, family member, or roommate.
Penal Code (1)14 is a misdemeanor punishable by imprisonment.
NOTES:
Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical abuse also includes denying someone medical treatment and forcing drug/alcohol use on someone.
(Can be stacked with any charge involving Assault)
Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim's consent. This often takes the form of marital rape, attacking sexual body parts, physical violence that is followed by forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim's expense.
Emotional abuse involves invalidating or deflating the victim's sense of self-worth and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-calling, injuring the victim's relationship with his/her children, or interfering with the victim's abilities.
Economic abuse takes place when the abuser makes or tries to make the victim financially reliant. Economic abusers often seek to maintain total control over financial resources, withhold the victims access to funds, or prohibit the victim from going to school or work.
Psychological abuse involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, the victim, children, the victim's family or friends, or the pets; destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.
Threats to hit, injure, or use a weapon are a form of psychological abuse.
(1)15. Stalking:
(1)15. Stalking:
A person who intentionally and maliciously follows or harasses another person who has made it known that they do not consent to such following or harassment.
A person whose actions cause another person to reasonably fear for their safety, or the safety of their close friends or relatives.
A person who violates an official restraining order issued by a court.
Penal Code (1)15 is a felony punishable by imprisonment.
NOTES:
If the perpetrator violated a restraining order, they shall receive the maximum sentence
(1)16. Harassment:
(1)16. Harassment:
Aggressive pressure or intimidation against a person.
Penal Code (1)16 is a civil infraction punishable by a $1000 fine.
(1)17. Hate Crime:
(1)17. Hate Crime:
A crime, typically one involving violence, that is motivated by prejudice on the basis of race, religion, sexual orientation, or other grounds.
Verbal altercations in Penal Code (1)17 is a misdemeanor punishable by a $5,000 fine and imprisonment.
Physical altercations in Penal Code (1)17 is a felony punishable by imprisonment.
(1)18. Identity Theft:
(1)18. Identity Theft:
The fraudulent acquisition and use of a person's private identifying information, usually for financial gain.
Penal Code (1)18 is a misdemeanor punishable imprisonment.
(1)19. Intimidation:
(1)19. Intimidation:
A person who communicates to another that they will physically harm or kill such other, placing such other in a reasonable state of fear for their own safety.
A person who communicates that they will physically harm or kill another person’s close friends or relatives.
Such communication can be not just verbal, but also in writing or transmitted through other media.
Penal Code (1)19 is a misdemeanor punishable imprisonment.
NOTES:
Intimidation differs from assault in terms of the distance between the acts. Intimidation can occur across the street, while assault is up close, within reach of leading to battery. Intimidation replaces criminal threats.
Title 2 - Crimes Against Property & Criminal Profiteering
Title 2 - Crimes Against Property & Criminal Profiteering
(2)01. Arson:
(2)01. Arson:
A person who intentionally and maliciously sets fire to or burns any structure, forest land, or property without prior authorization.
A person who intentionally aids, counsels, or helps facilitate the burning of any structure, forest land, or property without proper authorization.
A person who, through criminal accident or negligence, causes a fire to burn any structure, forest land, or property.
Penal Code (2)01 is a felony punishable by imprisonment.
If occurring by accident or negligence, the perpetrator shall receive the minimum sentence.
NOTES:
Arson’s criminality is when someone intentionally creates or helps create a fire, as it can easily grow out of control and cause death. It is up to the Fire Marshal’s Office and investigating Law Enforcement Agency jointly to prove an arson was malicious and therefore criminal. Negligence or accident can be included if it is proven criminal in nature.
(2)02. Trespassing:
(2)02. Trespassing:
A person who enters another’s property while it is closed or not in operation without the expressed or written permission to do so.
A person who enters the restricted area of an open facility or property as defined and clearly marked by the property manager without the expressed or written permission to do so.
This cannot stack with (2)03. Trespassing within a Restricted Facility.
This crime cannot stack with any form of Burglary
Penal Code (2)02 is a misdemeanor punishable by $2,000.
This falls under Officer Discretion.
NOTES :
Trespassing refers to anyone who is told to leave and refuses to do so, but lacks any intention of committing a crime or other malice aforethought or action. Burglary is a far more severe act of trespassing as it comes with evidence of criminal intent.
If police close down a public space it is trespassing to enter that public space without their authorization. The same applies if a typically public space is temporarily closed.
(2)03. Trespassing Within A Restricted Facility:
(2)03. Trespassing Within A Restricted Facility:
A person who, without proper authorization, enters any government owned or
managed facility that is secured with the intent of keeping ordinary citizens outside.
Such facilities include (but are not limited to) correctional institutions, military
encampments, and federally restricted spaces.
This does not apply to local facilities, such as restricted areas within police stations,
hospitals, and courthouses.
This charge cannot stack with (2)02. Trespassing
This charge cannot stack with any form of Burglary.
Penal Code (2)03 is a felony punishable by imprisonment.
This falls under Officer Discretion
NOTES:
Trespassing a restricted facility is assumed to have criminal intent akin to burglary, so it cannot stack with burglary even as it is still a severe and appropriate punishment.
(2)04. Burglary:
(2)04. Burglary:
A person who enters into the locked or restricted property of another without their permission with the intention of committing a crime, typically theft.
This crime cannot stack with any form of Trespassing.
Penal Code (2)04 is a misdemeanor punishable by imprisonment.
NOTES :
Burglary can include homes, apartments, offices, vehicles or any locked space with restricted access. Burglary is also committed irrelevant if any theft or other crime takes place. A less severe act of burglary is trespassing, which would account for instances where there is no intent to commit a crime, no locked door or other physical restriction.
(2)05. Possession Of Burglary Tools:
(2)05. Possession Of Burglary Tools:
A person who has in their possession the appropriate combination of tools necessary to commit burglary, such as a tension bar along with a screwdriver, shimmy, or other appropriate items.
Penal Code (2)05 is an infraction punishable of a $3,000 fine.
NOTES:
It must be demonstrated that the person has a certain combination of these tools or in an appropriate context that would assume their usage in burglary. Having a screwdriver is not punishable alone, but a screwdriver, along with a tension bar, is punishable.
(2)06. Robbery:
(2)06. Robbery:
A person who takes property from the possession of another against their will, by means of force or fear, such as through intimidation, assault or battery.
This charge cannot stack with (2)07. Armed Robbery.
Penal Code (2)06 is a felony punishable by imprisonment with any charges associated with the robbery attempt.
NOTES :
Robbery stacks with any Title 1 crimes that are attempted during the Robbery. It cannot stack with Armed Robbery, which is when the force, intimidation, or fear involves a dangerous weapon.
(2)07. Armed Robbery:
(2)07. Armed Robbery:
A person who takes property from the possession of another against their will, by means of force facilitated with a weapon or with an item used as a weapon.
This charge cannot stack with (2)06. Robbery.
Penal Code (2)07 is a felony punishable by imprisonment to any charges associated with the armed robbery attempt.
NOTES:
Armed Robbery stacks with any Title 1 crimes that are attempted during the robbery. It cannot stack with Robbery.
(2)08. Petty Theft:
(2)08. Petty Theft:
A person who steals or takes the personal property of another worth $3,000 or less.
A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling less than $3,500 in value.
Penal Code (2)08 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
(2)09. Theft:
(2)09. Theft:
A person who steals or takes the personal property of another worth more than
$1,500 but less than $10,000.
A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling more than $3,500 but less than $20,000 in value.
Penal Code (2)09 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
(2)10. Grand Theft:
(2)10. Grand Theft:
A person who steals or takes the personal property of another worth more than $10,000.
A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling more than $10,000 in value.
Penal Code (2)10 is a felony punishable by imprisonment.
(2)11. Grand Theft Auto:
(2)11. Grand Theft Auto:
A person who commits the theft of any motor vehicle, no matter the value.
A person who illegally enters any parked vehicle’s driver seat.
A person who a unlawfully enters a vehicle.
This charge cannot stack with any form of Trespassing or Burglary.
Penal Code (2)11 is a felony punishable by imprisonment.
NOTES:
Grand Theft Auto does stack with theft, but not burglary or trespassing.
(2)12. Grand Theft of a Firearm:
(2)12. Grand Theft of a Firearm:
A person who commits theft of any firearm, no matter the value or whether it is registered.
Penal Code (2)12 is a felony punishable by imprisonment.
NOTES :
Grand Theft Of A Firearm does stack with Theft.
(2)13. Receiving Stolen Property:
(2)13. Receiving Stolen Property:
A person who knowingly buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion.
Penal Code (2)13 is a misdemeanor punishable by imprisonment.
NOTES:
If an officer can prove that the individual should have known the item was stolen based on outside factors, such as the price or quality, or any sort of common knowledge, then the person can be charged.
(2)14. Extortion:
(2)14. Extortion:
A person who intimidates or influences another to provide or hand over properties or services.
A person who utilizes or threatens their power or authority with demonstrated malice aforethought in order to compel action by another.
A person who utilizes privileged information to intimidate another for certain property or services.
Penal Code (2)14 is a felony punishable by imprisonment.
NOTES:
Extortion depends on a person or organization using its authority, power, or influence to intimidate and threaten someone in return for property or services. Property may be demanding money to keep quiet or demanding a certain personal payment to prevent a strike.
Extortion may serve in lieu of corruption depending on the circumstances, or if it involves a private organization.
A union threatening a strike or collective worker action is NOT extortion unless a specific leader or member is being paid to influence union operations.
(2)15. Forgery:
(2)15. Forgery:
A person who knowingly alters, creates, or uses a written document with the intent to defraud or deceive another.
A person who knowingly signs a document or agreement, electronic or otherwise, without the consent or authority of whom they are signing for.
Penal Code (2)15 is a misdemeanor punishable by imprisonment.
(2)16. Fraud:
(2)16. Fraud:
A person who intentionally misrepresents a matter of fact - whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed - that deceives and is intended to deceive another so that such other will act upon it to their disadvantage.
Penal Code (2)16 is a felony punishable by imprisonment.
(2)17. Vandalism:
(2)17. Vandalism:
A person that defaces, damages, or destroys property which belongs to another.
Penal Code (2)17 is a misdemeanor punishable by imprisonment.
This falls under Officer Discretion.
(2)18. Loitering:
(2)18. Loitering:
A person who fails to leave a property when asked to do so by the owner of the property, or agent of the owner, is guilty under this code section.
A person who enters a property without a lawful purpose or to disrupt the operation of a facility is guilty under this code section.
This cannot stack with (2)02. Trespassing or (2)03. Trespassing Within A Restricted Facility.
This crime cannot stack with any form of Burglary.
Penal Code (2)18 is a misdemeanor punishable by a $1,000 fine.
Title 3 - Crimes Against Public Decency
Title 3 - Crimes Against Public Decency
(3)01. Lewd Or Dissolute Conduct In Public:
(3)01. Lewd Or Dissolute Conduct In Public:
A person who solicits anyone to engage in inappropriate sexual or sexually suggestive conduct in any public place or in any place open to the public or exposed to public view.
A person who engages in inappropriate sexual or sexually suggestive conduct in any public place or in any place open to the public or exposed to public view.
A person who solicits sexual activity in a public place or any place open to public view.
Penal Code (3)01 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
NOTES:
Lewd or Dissolute Conduct refers to actions that are not necessarily Indecent Exposure, but can presumably involve or lead to Indecent Exposure. Suggestive motions or gestures in bathroom stalls or other areas that are considered indecent but not naked or involve genitalia is Lewd Or Dissolute Conduct.
This also applies for Indecent Exposure in areas like restrooms which involve your genitalia.
(3)02. Indecent Exposure:
(3)02. Indecent Exposure:
A person who intentionally exposes their naked body or genitalia on public property or in the public area of a privately owned business.
A person who intentionally exposes their naked body or genitals to another person without that person's consent.
A person who intentionally exposes their naked body or genitalia on private property without permission of the property owner.
A person who engages in sex or other sexual activity in a plia in the view of a minor.
Penal Code(3)02 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
If committed knowingly in the presence of a minor, the perpetrator shall receive the maximum sentence.
NOTES:
Private parties / reservations in public areas are considered public events that can be restricted and therefore permit naked bodies. It is when it is in a public area or exposed to children that it is indecent exposure.
Genitalia does not include breasts. Assume below the belt exposure.
(3)03. Prostitution:
(3)03. Prostitution:
A person who knowingly engages in or offers to engage in a sexual act in exchange for payment or other goods and services.
Penal Code (3)03 is a felony punishable by imprisonment.
NOTES:
Anyone who cannot be proven to commit prostitution may charged with Indecent Exposure or Lewd or Dissolute Conduct depending on the circumstances.
Prostitution punishes the payee. The payor is charged with Indecent Exposure or Lewd Conduct.
(3)04. Pandering / Pimping:
(3)04. Pandering / Pimping:
A person who solicits or advertises, aids or provides transport or supervises persons involved in prostitution and retains some or all of the money earned.
Penal Code (3)04 is a felony punishable by imprisonment.
(3)05. Sexual Assault:
(3)05. Sexual Assault:
A person who commits verbal abuse for the purpose of sexual arousal, gratification, or abuse.
A person who threatens imminent harm or nonconsensual sexual contact or puts another under the belief of imminent harm or nonconsensual sexual contact.
Penal Code (3)05 is a misdemeanor punishable by imprisonment.
(3)06. Sexual Battery:
(3)06. Sexual Battery:
A person who commits unwanted touching or sexual contact.
A person who causes battery or similar aggressive physical contact for the purpose of sexual arousal, gratification, or abuse.
Penal Code (3)06 is a felony punishable by imprisonment.
(3)07. Rape:
(3)07. Rape:
- A person who forces another to engage in sexual intercourse.
- A person who performs non consensual sexual intercourse with another.
- A person who performs sexual intercourse with another who is incapacitated, disabled, or unable to give consent.
Penal Code (3)07 is a felony punishable by imprisonment.
(3)08. Statutory Rape:
(3)08. Statutory Rape:
A person who engages in mutually-interested sexual intercourse with another who is under the age of 16 and therefore cannot give legal consent.
Penal Code (3)08 is a felony punishable by imprisonment.
NOTES:
A person who engages in sexually explicit activity with another who is under the age of 16 is subject to (3)08. Statutory Rape.
Title 4 - Crimes Against Public Justice:
Title 4 - Crimes Against Public Justice:
(4)01. Bribery:
(4)01. Bribery:
A person who offers or gives a monetary gift, gratuity, valuable goods, or other reward to a public official, government employee, or peace officer in an attempt to influence their duties or actions.
A person who gives services or nonmaterial, but valuable actions to a public official, government employee, or peace officer in an attempt to influence their duties or actions.
Penal Code (4)01 is a felony punishable by imprisonment.
(4)02. Failure To Pay A Fine:
(4)02. Failure To Pay A Fine:
A person who fails to pay a fine or court ordered fee within clearly stated and allotted time period.
Typically most fines carry a 3 day payment period unless stated otherwise by the issuer.
A person CAN be given the opportunity to pay all fines in lieu of being arrested when being approached.
This charge may not be stacked for each fine that is unpaid at the time of arrest.
Penal Code (4)02 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(4)03. Contempt Of Court:
(4)03. Contempt Of Court:
A person who willfully disobeys the verbal or written order of a court authority, disrespects the decorum of the court, or otherwise infringes upon due process.
This charge can only be issued by a judge or agent of a court.
Penal Code (4)03 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
NOTES:
The Contempt of Court charge is an imprisonment set by a judge relative to a particular court case and the actions committed by the individual disobeying court orders and activities. This is different from (4)04. Subpoena Violation which has to do with official paperwork or documents.
(4)04. Subpoena Violation:
(4)04. Subpoena Violation:
A person who ignores or violates a subpoena order issued by the Courts.
A person who ignores or violates a request by the courts to be present at a hearing.
A person who ignores or disobeys an official document issuing orders or actions by a court.
A person in violation of a court injunction or other government operation.
Penal Code (4)04 is a misdemeanor punishable by imprisonment.
(4)05. Dissuading A Witness Or Victim:
(4)05. Dissuading A Witness Or Victim:
A person who knowingly and maliciously prevents or encourages any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law with the use of bribery, fear, or other tactics.
A person who prevents the distribution, completion, answering, or due process of an affidavit or other legal statement.
Penal Code (4)05 is a felony punishable by imprisonment.
(4)06. False Information To A Gov Employee:
(4)06. False Information To A Gov Employee:
A person who provides false information or details to a police officer during the course of a criminal investigation or lawful detainment.
A person who provides knowingly inaccurate data to a government employee investigating in some official capacity.
This charge cannot stack with (4)08. Perjury.
Penal Code (4)06 is a misdemeanor punishable imprisonment. This falls under Officer Discretion.
(4)07. Filing A False Complaint:
(4)07. Filing A False Complaint:
A person who knowingly files a false complaint, statement, document, or representation with any organization regarding the conduct, job performance, or behavior of a public official or employee for the purpose of initiating false administrative action against that official.
Penal Code (4)07 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(4)08. Perjury:
(4)08. Perjury:
A person who knowingly provides false information while under oath in a court of law
A person who knowingly provides false information as part of an affidavit, testimony, court-ordered deposition, or document with a statement signifying its authenticity under penalty of perjury.
This charge cannot stack with (4)06. False Information To A Government Employee.
Penal Code (4)08 is a felony punishable by imprisonment.
(4)09. Failure To Identify To A Peace Officer:
(4)09. Failure To Identify To A Peace Officer:
A person who, while being detained or under arrest by a peace officer, fails to provide a peace officer or other legal authority their name as it appears on an I.D. card or other identifiable information for MDC purposes.
Penal Code (4)09 is a misdemeanor punishable by imprisonment. This falls under Office Discretion.
NOTES:
As per (13)12. Maximum Imprisonment, someone who fails to identify and provide a way to properly charge them, and who can be identified through no other means, will be imprisoned until they identify themselves, after which this charge, plus all applicable charges, can be placed on their record and their sentence adjusted.
(4)10. Impersonation Of A Gov Employee:
(4)10. Impersonation Of A Gov Employee:
A person who pretends or implies the role of a government worker, such as a peace officer, paramedic, tax collector, federal investigator, or other official.
A person who wears an official or realistic government employee uniform with an official or realistic badge or identification tag except on an official, legally sanctioned movie or production set.
A person who claims to be a government worker in order to deceive or take advantage of another individual or organization.
Penal Code (4)10 is a misdemeanor punishable by imprisonment.
(4)11. Obstruction Of A Gov Employee:
(4)11. Obstruction Of A Gov Employee:
A person who shows a clear and motivated attempt to prevent a government employee from conducting their duties.
A person who fails to comply with an officer's lawful orders.
A person who, after being issued a ticket, citation, or infraction, continues to violate such law and ignore an officer’s orders.
Penal Code (4)11 is a misdemeanor punishable by imprisonment.
(4)12. Resisting A Peace Officer:
(4)12. Resisting A Peace Officer:
A person who avoids apprehension from an officer by non-vehicular means or resists apprehension by any physical means.
This charge does not include the attempt to flee and elude by vehicular means, which is (8)02. Evading a Peace Officer.
Penal Code (4)12 is a misdemeanor punishable by imprisonment.
(4)13. Escape From Custody:
(4)13. Escape From Custody:
A person who has been physically detained by use of restraints or physical force by a peace officer and escapes from said Peace Officer’s personal custody, resulting in a warrant or APB being needed to apprehend the suspect.
Until a warrant or APB is placed, this incident is classified as (4)12. Resisting a Peace Officer.
Penal Code (4)13 is a felony punishable by imprisonment in addition to any outstanding charges on an individual who commits an escape.
(4)14. Escape:
(4)14. Escape:
Any person arrested, booked, charged, or convicted of any crime who thereafter escapes from a county or city jail, prison, community service, or custody of a Correctional or Parole Officer.
Penal Code (4)14 is a felony punishable by imprisonment to any outstanding charges on an individual who commits an escape.
(4)15. Prisoner Breakout:
(4)15. Prisoner Breakout:
A person who directly aids or assists an inmate with escaping from the law, including the lawful custody of a peace officer, prisoner transport, parole, community service, or incarceration in a county jail or state prison.
A person who provides information or insights that subsequently assist an inmate with escaping from the law.
Penal Code (4)15 is a felony punishable by imprisonment.
(4)16. Human Trafficking:
(4)16. Human Trafficking:
A person who intentionally smuggles non-citizens into the state without proper visas and authorization.
A person who intentionally restricts another’s liberty with intent for forced labor or sex trafficking, or other forced activities.
This charge does not stack with (1)12. Kidnapping
Penal Code (4)16 is a felony punishable by imprisonment.
(4)17. Misuse Of A Gov Hotline:
(4)17. Misuse Of A Gov Hotline:
A person who uses an emergency government hotline for any purpose other than an emergency situation which involves a life-or-death request for assistance or other purposes dictated by the hotline managers.
A person who uses any non-emergency or public hotline for purposes irrelevant to that particular government office, department, or agency.
A person who performs prank calls, fake calls, or tries to incite mayhem through public government lines
Penal Code (4)17 is an civil infraction of a $1,500 fine.
Upon the third offense, Penal Code (4)17 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(4)18. Tampering With Evidence:
(4)18. Tampering With Evidence:
A person who destroys or attempts to destroy, conceal, or alter any evidence that can later potentially be used in a Criminal investigation or court proceeding.
Penal Code (4)18 is a felony punishable by imprisonment.
(4)19. Introduction Of Contraband:
(4)19. Introduction Of Contraband:
A person who provides contraband to an inmate of a correctional facility, or attempts to enter a facility with the intent to illegally transport contraband within it.
Penal Code (4)19 is a felony punishable by imprisonment.
(4)20. Violation Of Parole Or Probation:
(4)20. Violation Of Parole Or Probation:
A person who willfully violates the terms of a probation or parole agreement.
Penal Code (4)20 is a felony punishable by imprisonment in addition to the inmate’s current sentence. This falls under discretion of the parole officer.
(4)21. Voter Fraud / Vote Pandering:
(4)21. Voter Fraud / Vote Pandering:
An individual who dissuades or influences official voting outcomes through illicit, illegal, or unethical manners.
Penal Code (4)21 is a felony punishable by imprisonment.
(4)22. Corruption Of Public Duty:
(4)22. Corruption Of Public Duty:
A government employee who acts outside the interests of the public good or public justice.
A government employee who demonstrates criminal negligence in their duties.
A government employee convicted by the Department of Justice for committing a felony while on duty.
Penal Code (4)22 is a felony punishable by imprisonment as well as referral to their respective Human Resources or Internal Affairs Department(s).
(4)23. Corruption Of Public Office:
(4)23. Corruption Of Public Office:
A person who acts outside the interests of the public good, public justice, or duties of those in public office.
Penal Code (4)23 is a felony punishable by imprisonment.
Title 5 - Crimes Against Public Peace
Title 5 - Crimes Against Public Peace
(5)01. Disturbing The Peace:
(5)01. Disturbing The Peace:
A person who creates a dangerous or intimidating situation in a public place or in the public area of private property.
A person who attempts to provoke, incite, or promote harm to another person through gestures, language, claims, actions, or other methods.
A person whose profanity, language, voice, or noise reasonably disturbs nearby civilians or intends to incite violence.
Penal Code (5)01 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion
(5)02. Unlawful Assembly:
(5)02. Unlawful Assembly:
A person, without proper permits or authorization, who refuses to leave public property or clear a street or passageway after being ordered to do so by its state agency property manager or a peace officer.
A person who refuses to leave the scene of a crime or other area after being ordered to so whose presence could hinder police operations.
A group that fails to protest or demonstrate peacefully in a designated “free speech zone” or without proper permits or authorization from the city.
A person who refuses to leave private property they were invited to access after being instructed to do so by the property owner or manager.
This charge cannot stack with Trespassing of any kind. This charge also cannot stack with (4)11. Obstruction Of A Government Employee when charged in relation to public property
Penal Code (5)02 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(5)03. Incitement To Riot:
(5)03. Incitement To Riot:
A person whose actions deliberately agitates or intends to agitate a crowd or large group of people organized or located peacefully in a public or private area in order to promote acts of violence or civil unrest.
A group of people who could be reasonably identified by a peace officer to be gang members whose actions in a public area intend to incite violence, encourage mayhem, or promote civil unrest.
Penal Code (5)03 is a felony punishable by imprisonment. This falls under Officer Discretion.
(5)04. Vigilantism:
(5)04. Vigilantism:
A person who attempts to effect justice according to their own understanding of right and wrong, or an unauthorized person attempts to enforce the law. A citizen's arrest may only be effected when a civilian, out of fear for their own safety or the safety of their close friends or relatives, subdues or detains another who is violating the law.
A person who attempts a citizen's arrest or other vigilante justice in the vicinity of a peace officer or other authority who could otherwise carry out a legal arrest, whether or not a lawful Citizen’s Arrest.
A person who violates (13)10. Good Samaritan Clause.
Penal Code (5)04 is a felony punishable by imprisonment.
NOTES:
Vigilantism does not apply when a law enforcement officer in the vicinity is in need of immediate assistance, and a civilian aids such officer - for example, helping an officer apprehend an unarmed resisting suspect by holding him down.
(5)05. Noise Ordinance:
(5)05. Noise Ordinance:
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 (5)05 is a civil infraction of a $500 fine.
Upon the second offense, Penal Code (5)05 is a civil infraction of a $1,500 fine.
Upon the third offense, Penal Code (5)05 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
Title 6 - Crimes Against Public Health and Safety
Title 6 - Crimes Against Public Health and Safety
(6)01. Public Endangerment:
(6)01. Public Endangerment:
Any person who, under circumstances or conditions is likely to produce great bodily harm or death
Willfully causes or permits any person to suffer, or inflicts thereon unjustifiable physical pain or mental suffering.
Having the care or custody of any person, willfully causes or permits the person or health of that person to be injured.
Willfully causes or permits that person to be placed in a situation where his or her person or health is endangered.
Penal Code (6)01 is a felony punishable by imprisonment. This falls under Officer Discretion.
(6)02. Possession Of A Controlled Substance:
(6)02. Possession Of A Controlled Substance:
A person who possesses any controlled substance, except when the substance has been lawfully prescribed to them by a licensed practitioner of medicine or is legally available without a prescription.
Penal Code (6)02 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(6)03. Possession Of A Controlled Substance With Intent To Sell:
(6)03. 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)03 is a felony punishable for every half-ounce (14 grams) of total controlled substances in possession upon arrest. Total possesion is rounded up to the nearest half-ounce if the perpetrator has more than 28 grams.
NOTES:
At 28 grams or higher, for every 14 grams in total possession. If the perpetrator has, for example, 60 grams, which is 2 ounces and 4 grams, charge them, which is four half-ounce increments (56 grams) and rounded up for the last half ounce (the next 14 grams or less.)
(6)04. Possession Of Drug Paraphernalia:
(6)04. Possession Of Drug Paraphernalia:
A person who willingly possesses a device or mechanism used exclusively for the processing or consumption of an illegal controlled substance.
Penal Code (6)04 is an infraction of a $1,500 fine.
(6)05. Distribution Of Narcotics:
(6)05. Distribution Of Narcotics:
A person who opens or maintains any property for the purpose of unlawfully selling, giving away, storing, or using any controlled substance, firearm, or other illicit device, good, or service.
Penal Code (6)05 is a misdemeanor punishable by imprisonment.
(6)06. Maintaining A Place For The Purpose Of Distribution:
(6)06. Maintaining A Place For The Purpose Of Distribution:
A place/building where illegal substances are being stored to distribute/make illegal substances.
Penal Code (6)06 is a felony punishable by imprisonment
(6)07. Manufacture Of A Controlled Substance:
(6)07. Manufacture Of A Controlled Substance:
A person who, except as otherwise provided by law, manufactures, compounds, converts, produces, or prepares, either directly or indirectly by chemical or natural extraction, any illegal substance.
Penal Code (6)07 is a felony punishable by imprisonment
(6)08. Sale Of A Controlled Substance:
(6)08. Sale Of A Controlled Substance:
A person who sells, or offers to sell, a controlled substance to another person, regardless of whether or not they possess that controlled substance.
Penal Code (6)08 is a felony punishable by imprisonment.
NOTES:
Since it’s irrelevant of possession, this charge can indeed stack with whatever the present possession of a drug is on someone if they are in fact also in illegal possession of a controlled substance. This means anyone caught selling a controlled substance is also charged with whatever possession they currently have too.
(6)09. Possession Of An Open Container:
(6)09. Possession Of An Open Container:
A person who possesses an visible and open container of alcohol in a public place or in a motor vehicle.
Penal Code (6)09 is a civil infraction of a $1,000 fine.
(6)10. Public Intoxication:
(6)10. Public Intoxication:
A person who is found in any public place under the influence of intoxicating liquor
A person in a condition that they are unable to exercise care for their own safety or the safety of others
A person who's clearly under the influence of alcohol and causes a disturbance or conflict at a private event and refuses to leave or comply with the owner’s wishes.
Penal Code (6)10 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(6)11. Under The Influence Of A Controlled Substance:
(6)11. Under The Influence Of A Controlled Substance:
A person who uses or is under the influence of a controlled substance or dangerous substance without the proper permits or prescription to use such a substance.
Penal Code (6)11 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(6)12. Facial Obstruction While Committing A Crime:
(6)12. 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)12 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(6)13. Terrorism:
(6)13. Terrorism:
A person who, uses systematic threats or actions against the public good to cause fear and intimidation at a grand scale.
A person who commits an attack or threatens an attack on a major public or private facility, such as a office complex, stadium, public transportation system, bridge, or other such structure.
This charge can only be issued at the order of the Governor, Attorney General or Chief Justice.
Penal Code (6)13 is a felony punishable imprisonment.
NOTES:
This charge requires an in-game admin to be approved in lieu of the Governor.
Title 7 - Crimes Against State Dependents
Title 7 - Crimes Against State Dependents
(7)01. Animal Abuse / Cruelty:
(7)01. Animal Abuse / Cruelty:
A person who intentionally maims, mutilates, tortures, wounds, or kills a living animal.
A person whose neglect maims, mutilates, tortures, wounds, or kills a living animal.
A person who owns a pet or animal that is not reasonably considered domesticated, safe, or healthy for the animal or the owner, without a proper permit.
Penal Code (7)01 is a felony punishable by imprisonment.
If the act of abuse was due to neglect or the result of an accident caused by neglect or ignorance the offender shall receive the minimum sentence.
If the animal was a police-trained animal during active duty, whether or not intentional, the offender shall receive the maximum sentence.
NOTES:
"Domesticated" refers to animals listed in this list of domesticated and semi-domesticated animals.
(7)02. Child Abuse:
(7)02. Child Abuse:
A person who willfully inflicts any cruel, excessive, or inhuman corporal punishment upon a child under 18 years of age.
A person who willfully inflicts an injury to a child under 18 years of age, resulting in traumatic harm.
A person who causes traumatic injury to a child under 18 years of age due to their negligence.
Penal Code (7)02 is a felony punishable imprisonment.
If the act was caused by negligence the individual shall receive the minimum sentence.
(7)03. Sale of Alcohol To A Minor:
(7)03. Sale of Alcohol To A Minor:
A person who willfully and knowingly sells alcohol to a minor under the age of 21.
Penal Code (7)03 is a misdemeanor punishable by imprisonment.
(7)04. Minor Alcohol Violation:
(7)04. Minor Alcohol Violation:
A minor under the age of 21 who is in possession of alcohol for consumption, products for consumption containing alcohol, or appears to be under the influence of alcohol.
Penal Code (7)04 is a civil infraction punishable by a fine of $1,500 and sending of the minor to their parent's or guardian's home.
(7)05. Endangering the Welfare of a Child/Dependent:
(7)05. Endangering the Welfare of a Child/Dependent:
A person is guilty of endangering the welfare of a child when:
(1) Being a parent, guardian or any other person who has assumed responsibility for the care or supervision of a child the person:
a. Intentionally, knowingly or recklessly acts in a manner likely to be injurious to the physical, mental or moral welfare of the child; or
b. Intentionally, knowingly or recklessly does or fails to do any act, including failing to report a missing child, with the result that the child becomes a neglected or abused child; or
(2) The person knowingly contributes to the delinquency of any child less than 18 years old by doing or failing to do any act with the result, alone or in conjunction with other acts or circumstances, that the child becomes a delinquent child; or
(3) The person knowingly encourages, aids, abets or conspires with the child to run away from the home of the child's parents, guardian or custodian; or the person knowingly and illegally harbors a child who has run away from home; or
(4) The person commits any violent felony, or reckless endangering second degree, assault third degree, terroristic threatening, unlawful imprisonment second degree, or child abuse third degree against a victim, knowing that such felony or misdemeanor was witnessed, either by sight or sound, by a child less than 18 years of age who is a member of the person's family or the victim's family; or
(5) The person commits the offense of driving under the influence, or the offense of operating a vessel or boat under the influence, and during the commission of the offense knowingly permits a child less than 18 years of age to be a passenger in or on such vehicle, vessel or boat; or
(6) The person commits any offense in any dwelling, knowing that any child less than 18 years of age is present in the dwelling at the time; or
(7) The person provides or permits a child to consume or inhale any substance not prescribed to the child by a physician.
Endangering the welfare of a child shall be punished as follows:
(1) When the death of a child occurs while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a felony;
(2) When serious physical injury to a child occurs while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a felony;
(3) When a child becomes the victim of a sexual offense while the child's welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a felony;
(4) In all other cases, endangering the welfare of a child is a misdemeanor.
For the purpose of imposing the penalties prescribed in subdivision (b)(1), (b)(2) or (b)(3) of this section, it is not necessary to prove the person's state of mind or liability for causation with regard to the resulting death of or physical injury to the child or sexual offense against the child or any other statutes to the contrary.
Title 8 - Vehicle Offenses
Title 8 - Vehicle Offenses
(8)01. Driving With A Suspended License:
(8)01. Driving With A Suspended License:
A person who drives a vehicle, whether on land, sea, or in air, while having a suspended license or authorization.
Penal Code (8)01 is a misdemeanor punishable by imprisonment.
(8)02. Evading A Peace Officer:
(8)02. Evading A Peace Officer:
A person who, while operating a vehicle on land, sea, or in air, or while operating a bicycle, willfully flees or otherwise attempts to elude or avoid a pursuing peace officer who communicates visually or audibly their request to pull over or stop.
This charge does not include the attempt to flee and elude by foot, which is (4)12. Resisting a Peace Officer.
Penal Code (8)02 is a felony punishable by imprisonment.
(8)03. Hit And Run:
(8)03. Hit And Run:
A person who hits another person or occupied vehicle and leaves the scene of the accident.
Penal Code (8)03 is a felony punishable by imprisonment.
NOTES:
This charge can be applied for each instance of hit and run occurring over the course of a road law incident.
(8)04. Reckless Operation Of An Off-Road Vehicle:
(8)04. Reckless Operation Of An Off-Road 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)04 is a misdemeanor punishable by imprisonment.
Officer may at their discretion either revoke the user's license or permit, or suspend said license or permit.
(8)05. Speeding Violation:
(8)05. Speeding Violation:
No driver may operate a vehicle at a speed greater than the posted speed limit.
No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
When no speed limit is posted the following speed limits apply:
> 15 mph in any alley way
> 25 mph on any residential street
> 35 mph on any single lane city street & dirt roads in the county
> 40 mph on any double lane + major city street
> 50 mph on any route outside of the city of Los Santos
> 65 mph on any state highway, freeway, interstate, or US highway
A driver who fails to show a use of fair judgment in their speed when driving in poor conditions, such as poor weather, or on unpaved, slick, or damaged roads.
No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.
No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:
> A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.
> A vehicle transporting explosives.
Violations of Penal Code (8)05 for speeds up to 99 mph are a civil infraction punishable by a fine listed in the table below:
Stopped / Unreasonably Slow - $250 Fine
1-12 mph - $360 Fine - 1 Point On License
16-25 mph - $480 Fine - 1 Point On License
26+ mph - $880 Fine - 2 Points On License
100+ mph - $1000 Fine - License Suspended For 2 Days + Vehicle Impounded
Violations of Penal Code (8)05 for speeds 100(+) mph, regardless of the speed limit, is a misdemeanor punishable by a fine, and or 60 seconds in county jail with 3 points on license.
(8)06. Failure To Stop Sign:
(8)06. Failure To Stop Sign:
The driver of any vehicle approaching a stop sign or a pavement marking of “STOP” at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting Roadway.
If the vehicle passes over the limit line without coming to a complete stop they will be violating Penal Code (8)06 and is a civil infraction leading to a $250 fine
(8)07. Responsibility At A Red Light:
(8)07. Responsibility At A Red Light:
A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in element 2.
Except when a sign is in place prohibiting a turn, a driver, after stopping as required by element 1, facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.
A driver facing a steady red signal shown immediately in front of a lane marked for a left turn shall not enter the intersection to make the movement indicated by the pavement markings, and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked limit line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain stopped until an indication permitting movement is shown.
Unless otherwise directed by a pedestrian control signal a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway.
Violations of Penal Code (8)07 are a civil infraction punishable by a $480 fine for vehicular violations
(8)08. Seat Belt Violation:
(8)08. Seat Belt Violation:
Driver and all passengers are required to wear a seat belt at all times when the vehicle is in motion.
Violations of Penal Code (8)08 are a civil infraction punishable by a $150 fine
(8)09. Parking Violation:
(8)09. Parking Violation:
Any vehicle not parked in a designated parking spot is subject to tow at any point and possible fines.
Abandoned vehicles in the road ways are subject to an immediate tow and possible fines.
Penal Code (8)09 is a civil infraction punishable by a $500 fine and immediate tow.
(8)10. Reckless Driving:
(8)10. Reckless Driving:
Any vehicle deemed reckless by law enforcement and or civilians.
A major moving traffic violation that consists in driving a vehicle with willful or wanton disregard for the safety of persons or property.
Penal Code 8(10) is a misdemeanor punishable by imprisonment.
Officer Discretion, if applicable, can be used.
NOTES:
Can be stacked with (6)01. Public Endangerment.
(8)11. Vehicle Endangerment:
(8)11. Vehicle Endangerment:
The criminal offense of recklessly engaging in conduct that creates a substantial risk of serious physical injury or death to another person.
Penal Code (8)11 is a misdemeanor punishable by imprisonment.
NOTES:
Cannot be stacked with (6)01. Public Endangerment or (8)10. Reckless Driving.
(8)12. Vehicular Noise Violation:
(8)12. Vehicular Noise Violation:
Must be equipped with an adequate muffler to prevent excessive noise from the exhaust system.
Loud music or other obscenities coming from vehicles.
Excessive/unnecessary use of horn.
Penal Code (8)12 is a civil infraction punishable by a $100 fine and a fix-it ticket.
Officer discretion if applicable can be used.
NOTES:
If you have been issued a citation for operating a vehicle in violation of Penal Code (8)12, you must take your vehicle to a State Referee Center.
(8)13. Illegal Nitrous Oxide Possession:
(8)13. Illegal Nitrous Oxide Possession:
Is in possession of Nitrous Oxide used on vehicles while in motion unless licensed to carry hazardous gases in applicable registered containers.
Penal Code (8)13 is a misdemeanor punishable by imprisonment and fine of $2,000.
NOTES:
Can be stacked with (8)18. Street Racing.
(8)14. Illegal Usage Of Hydraulics:
(8)14. Illegal Usage Of Hydraulics:
Any part of the car frame being below the lowest point of the wheel rim.
Cars are actively using hydraulics to make front or rear wheels leave pavement.
Any part of car is scraping ground.
Penal Code (8)14 is a civil infraction punishable by a $500 fine as well as a fix-it ticket.
(8)15. Driving Under The Influence:
(8)15. Driving Under The Influence:
If the driver of the vehicle is under the influence of alcohol, they must be over the legal limit of 0.08 BAC before breaking that law.
Violations of Penal Code (8)15 are a felony punishable by 90 seconds imprisonment, a fine of $10,000, and license suspension for 8 days .
NOTES:
When a death occurs this charge can be stacked with (1)06 Manslaughter.
(8)16. Registration Violation:
(8)16. Registration Violation:
All vehicles driving on the roadways/highways must be registered in San Andreas.
Penal Code (8)16 is a civil infraction punishable by a $500 fine and vehicle is subject to tow at officers discretion.
(8)17. Unsafe Usage Of A Bicycle:
(8)17. Unsafe Usage Of A Bicycle:
Bicycles are riding in the roadway in an unsafe manner.
Bicycles are going above and beyond the suggested limits of bicycle capabilities.
Penal Code (8)17 is a civil infraction punishable by $100 fine.
(8)18. Street Racing:
(8)18. Street Racing:
- Two or more vehicles are racing in a contest fashion.
Penal Code (8)18 is a misdemeanor punishable by 90 days imprisonment, automatic towing of car, license revoke procedure, and a fine of $1,000.
(8)19. Driving Without A Valid License:
(8)19. Driving Without A Valid License:
A person who drives a motor vehicle without a valid license is guilty of a crime under this section.
Any resident of San Andreas must have a driver's license issued by the State of Andreas.
A person who has been a resident for under 10 days and has a valid driver's license in any state need not have a San Andreas Drivers Licenses.
Any resident operating a motor vehicle properly registered to the federal government who is
authorized by the federal government to operate that vehicle.
Violations of Penal Code (8)19 are a misdemeanor punishable by a $1,000 fine.
A vehicle that is being driven by someone without a valid driver’s license may be impounded.
NOTES:
A person who has been a resident for under 10 days and has a valid driver's license in any state need not have a San Andreas Drivers Licenses.
Any resident operating a motor vehicle properly registered to the federal government who is authorized by the federal government to operate that vehicle.
(8)20. Jaywalking:
(8)20. Jaywalking:
Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk
Violation of Penal Code (8)20 is a civil infraction punishable by a fine of $125.
(8)21. Unroadworthy Vehicle:
(8)21. Unroadworthy Vehicle:
If the vehicle is to have no insurance without a valid reason, they will be guilty under this code section.
If the vehicle is to not have a plate they will be guilty under this code section.
If the vehicle does not have any headlights or if they are hardly visible, they will be guilty under this code section.
If the vehicle does not have any brake lights or if they are hardly visible they will be guilty under this code section.
If they vehicle doesn't have any blinkers / indicators or if they are hardly visible they will be guilty under this code section.
Visibility of the outside of the vehicle from the driver's seat if they are not met they will be guilty under this code section.
Violations of Penal Code (8)21 are a civil infraction punishable by a fine of $194.
A motor vehicle that has not been registered may be impounded if driven on a road
(8)22. Vehicle Equipment:
(8)22. Vehicle Equipment:
If the vehicle has none of the following, their vehicle will be subject to review.
Windscreen, Backwindows, Tires, Headlights, Brake lights, Indicators, and Mirrors.
Headlights need to be Yellow, White, or Blue. Any other color can be considered “Not Road Worthy” if not able to change on the spot.
Brake lights need to be visible from at least 100 feet away and both must illuminate only Red.
Turn signals must illuminate Yellow or White in the front of the vehicle and Red or Yellow in the rear of the vehicle.
Underglow must be a steady color other than Red. No flashing lights are permitted. All other colors are allowed.
No Red is allowed to be illuminated from the front of the vehicle. This makes the vehicle “Not Road Worthy” and can be punishable under the code (4)10. Impersonation Of A Gov Employee.
Penal Code (8)22 is a civil infraction punishable by a fine of $250 and the motor vehicle impounded if it is not road legal.
(8)22 A. Window Tint:
(8)22 A. Window Tint:
Tint darkness for sedans:
Windshield: Non-reflective tint is allowed on the top 4 inches of the windshield.
Front Side windows: Aftermarket film must allow more than 88% of light in, or minimum 70% VLT if combined with factory-tinted windows.
Back Side windows: Any darkness can be used.
Rear Window: Any darkness can be used.
Tint darkness for SUV and vans:
Windshield: Non-reflective tint is allowed on the top 4 inches of the windshield.
Front Side windows: Aftermarket film must allow more than 88% of light in, or minimum 70% VLT if combined with factory-tinted windows.
Back Side windows: Any darkness can be used.
Rear Window: Any darkness can be used.
Side Mirrors:
Dual side mirrors are required if the rear window is tinted.
Restricted Colors: California tint laws do not permit using red, amber or blue tint colors.
Side windows must be colorless.
Certificates: Manufacturers of film must certify the film they sell in the state and the driver is required to have the certificate in his/her possession.
Stickers: State law does require a certificate or a sticker from the installing company and the manufacturer's name and address.
Medical Exceptions: California law allows medical exemptions for lower tint on all windows since September 2017.
Penal Code (8)22 A. is a civil infraction of a $200 fine and a fix-it ticket.
Penal Code (8)22 A. is a civil infraction of a $400 fine and a fix-it ticket upon second offense.
Penal Code (8)22 A. is a civil infraction of a $1000 fine upon third offense.
(8)23. Accident Reporting Requirements - Property Damage:
(8)23. Accident Reporting Requirements - Property Damage:
The driver of a motor vehicle who is in any manner involved in an accident originating from the operation of the motor vehicle that has resulted in damage to the property of any one person in excess of one thousand dollars ($1,000) shall report the accident to the local law enforcement office as soon as possible
Every driver involved in the accident shall, unless rendered incapable, exchange with any other driver or property owner involved in the accident and present at the scene, all of the following information:
> Driver’s name and current residence address, driver’s license number, vehicle identificationn number, and current residence address of registered owner.
> Evidence of automobile insurance to include the name and address of the insurance company and the number of the insurance policy.
Violations of Penal Code (8)23 are a misdemeanor punishable with imprisonment for 30 seconds.
NOTES:
This section is commonly referred to as Hit and Run.
An accident that occurs on the drivers private property that only results in damage to the drivers property, and does not result in bodily injury or death need not be reported.
(8)24. Accident Reporting Requirements - Injury or Death:
(8)24. Accident Reporting Requirements - Injury or Death:
The driver of a motor vehicle who is in any manner involved in an accident originating from the operation of the motor vehicle that has resulted in bodily injury, or in the death of any person shall report the accident to the local law enforcement office as soon as possible
Every driver involved in the accident shall, unless rendered incapable, exchange with any other driver or property owner involved in the accident and present at the scene, all of the following information:
> Driver’s name and current residence address, driver’s license number, vehicle identification number, and current residence address of registered owner.
> Evidence of automobile insurance to include the name and address of the insurance company and the number of the insurance policy.
Drivers charged under this section may not be charged with violations of penal code
Violations of Penal Code (8)24 are a felony punishable by 120 seconds imprisonment and a fine of $10,000.
Penal Code (8)23. Accident Reporting Requirements - Property Damage for events arising from the same accident.
(8)25. Vehicle Insurance:
(8)25. Vehicle Insurance:
All drivers and all owners of a motor vehicle shall at all times be able to establish valid insurance for the vehicle, and shall at all times carry in the vehicle evidence of vehicle insurance.
Whenever a driver involved in an accident described in Section (8)06 fails to provide evidence of vehicle insurance, as required by this section, at the time of the accident, the state shall, suspend the privilege of the driver or owner to drive a motor vehicle, including the driving privilege of a nonresident in this state.
Violations of Penal Code (8)25 are a civil infraction punishable by a $480 fine. Violations of element 2 are additionally punishable by license suspension until the driver provides proof of vehicular insurance or 6 days have passed.
(8)26. Driving On Right Side:
(8)26. Driving On Right Side:
Upon all highways, a vehicle shall be driven upon the right half of the roadway or to the right of double solid parallel yellow lines, except as follows:
> Yellow markings do not prohibit a driver from crossing the marking if (1) turning to the left at an intersection or into or out of a driveway or private road, or (2) making a U-turn under the rules governing that turn
> When overtaking and passing another vehicle proceeding in the same direction when such action can be taken without crossing a solid yellow or solid white line
> Upon a roadway restricted to one-way traffic.
> When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the road adjacent to the right edge of the roadway may be utilized temporarily when in a condition permitting safe operation.
Whenever a road has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway, it is unlawful to do either of the following:
> To drive any vehicle over, upon, or across the dividing section.
> To make any left, semicircular, or U-turn with the vehicle on the divided highway, except through an opening in the barrier designated and intended by public authorities for the use of vehicles or through a plainly marked opening in the dividing section.
Violations of Penal Code (8)26 are a civil infraction punishable by a $250 fine and 2 points on license.
(8)27. Maintaining Lanes:
(8)27. Maintaining Lanes:
Any vehicle proceeding upon a road at a speed less than the normal speed of traffic moving in the same direction at such time shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
On a two-lane road where passing is unsafe because of traffic in the opposite direction or other conditions, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place where sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply
> A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.
> Exception: Driving a motorcycle that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways is permitted.
On a two-lane highway, no vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction.
Violations of Penal Code (8)27 are a civil infraction punishable by a $250 fine and 1 point on license.
(8)28. Following distance / Tailgating:
(8)28. Following distance / Tailgating:
The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.
No vehicle, except an authorized emergency vehicle, shall follow within 300 feet of any authorized emergency vehicle operating with lights or sirens
> This section shall not apply to a police or traffic officer when serving as an escort
Violations of Penal Code (8)28 are a civil infraction punishable by a $250 fine and 1 point on license.
(8)29. Failure To Yield To An Emergency Vehicle:
(8)29. Failure To Yield To An Emergency Vehicle:
Intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.
Violations of Penal Code (8)29 are a civil infraction punishable by a $480 fine and 2 points.
(8)30. Evasion:
(8)30. Evasion:
A person who, while operating a vehicle on land, sea, or in air, or while operating a bicycle, willfully flees or otherwise attempts to elude or avoid a pursuing peace officer
Violations of Penal Code (8)30 are a felony punishable by 100 seconds imprisonment, and license suspension for 14 days.
(8)31. Alcoholic Beverages In Motor Vehicles:
(8)31. Alcoholic Beverages In Motor Vehicles:
No driver shall drink any alcoholic beverage while in a vehicle upon a highway.
No passenger shall drink any alcoholic beverage while in a vehicle upon a highway.
No person shall have in his or her possession on his or her person, while driving a vehicle upon a highway any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
Violations of Penal Code (8)31 are a civil infraction punishable by a $360 fine.
NOTES:
When the person committing the offense is under 21 years old this charge may be stacked with (7)04. Minor Alcohol Violation.
(8)32. Unsafe Speed For Conditions:
(8)32. Unsafe Speed For Conditions:
No person shall drive a vehicle upon a highway/roadway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway/roadway, and in no event at a speed which endangers the safety of persons or property.
Violation of Penal Code (8)32 is a civil infraction punishable by a fine of $250 and 1 point on your license.
(8)33. Helmet Law:
(8)33. Helmet Law:
It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle upon a public roadway/highway if the driver or any passenger is not wearing a safety helmet.
It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle upon a public roadway/highway if the driver or any passenger is not wearing a safety helmet.
Violation of Penal Code (8)33 is a civil infraction punishable by a fine of $100.
(8)34. Bicycle Laws:
(8)34. Bicycle Laws:
Bicyclists have the same rights and responsibilities as motor vehicle drivers.
“Bicycle Ride with Traffic” - Bicyclists must travel on the right side of the roadway in the direction of traffic, except when passing, making a legal left turn, riding on a one-way street, riding on a road that is too narrow, or when the right side of the road is closed due to road construction.
“Bicyclist on Sidewalk” - Bicyclist 18 years old and over shall not ride on a city sidewalk. Bicyclist 17 years old and under may ride on a city sidewalk.
“Bicycles on Highways” - Bicycles (including motorized bicycles) may not be ridden on freeways and expressways.
“Bicycles Brakes” - Bicycles must be equipped with a brake that allows an operator to execute a one-braked-wheel skid on dry, level, clean pavement.
“Bicycle Lights” - At night a white headlight visible from the front must be attached to the bicycle or the bicyclist. At night a red rear-light visible from the back must be attached to the bicycle or the bicyclist.
“Bicyclist Helmet” - Bicyclists and bicycle passengers under age 18 must wear an approved helmet when riding on a bicycle.
“Bicyclist Headphones” - Bicyclists may not wear earplugs in both ears or a headset covering both ears. Hearing aids are allowed
“Bicyclist Cell Phones” - Bicyclists shall not use a handheld cell phone while riding unless using a hands free device.
“Bicyclist vs Pedestrians” - Bicyclists must yield the right-of-way to pedestrians within marked crosswalks or within unmarked crosswalks at intersections.
“Bicyclist Parking” - Bicyclists may not leave bicycles on their sides on the sidewalk or park bicycles in a manner which obstructs pedestrians.
Violation of Penal Code (8)34 and subsections are civil infractions punishable by a fine up to $250.
(8)35. Impeding Traffic:
(8)35. Impeding Traffic:
No person shall drive upon a highway/roadway at such a slow speed as to impede or block the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation.
No person shall impede or block the normal and reasonable movement of traffic unless necessary for safe operations.
Violation of Penal Code (8)35 is a civil infraction punishable by a fine of $165.
(8)36. Unsecured Load:
(8)36. Unsecured Load:
A vehicle shall not be driven or moved on any highway/roadway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or otherwise escaping from the vehicle.
Violation of Penal Code (8)36 is a civil infraction punishable by a fine of $250.
(8)37. Visible Plate:
(8)37. Visible Plate:
If the plate is not completely visible due to any obstruction or dirt from a reasonable distance
If the vehicle does not have a plate
Violation of Penal Code (8)37 is a civil infraction punishable by a fine of $250 and 1 point on your license.
(8)38. Use Of Mobile Phone While Driving:
(8)38. Use Of Mobile Phone While Driving:
A person shall not drive a motor vehicle while using a mobile photo unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
Violation of Penal Code (8)38 is a civil infraction punishable by a fine of $120.
(8)39. Operating A Vehicle w/ Open Doors:
(8)39. Operating A Vehicle w/ Open Doors:
No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.
Nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Violation of Penal Code (8)39 is a civil infraction punishable by a fine of $350.
(8)40. Slow Down or Move Over for Emergency Vehicles & Roadside Assistance Vehicles:
(8)40. Slow Down or Move Over for Emergency Vehicles & Roadside Assistance Vehicles:
When approaching a stationary vehicle displaying either red, blue or amber lighting motorists must safely change lanes or slow down.
If a driver can not safely change lanes, the drive shall reduce speeds to 10 mph less than the posted speed limit.
Does not apply to the driver if a center median divides the roadway.
Violations of Penal Code (8)40 is a civil infraction punishable by a fine listed in the table below:
Amount over the Reduced Limit Fine Notes
1-15 mph $380 1 point(s) on license
16-25 mph $680 2 point(s) on license
26+ mph $980 2 point(s) on license
(8)41. Driving On Shoulder / Emergency Lane:
(8)41. Driving On Shoulder / Emergency Lane:
No person shall operate a vehicle on the shoulder/emergency lane of any highway/roadway unless directed by a peace officer or emergency personnel.
Exemption(s):
Emergency Vehicles
Roadside Assistance Vehicles
Violation of Penal Code (8)41 is a civil infraction punishable by a fine of $350.
(8)42. Right of Way:
(8)42. Right of Way:
The driver of any vehicle approaching an intersection which has official traffic control signals that are inoperative shall stop at the intersection, and may proceed with caution when it is safe to do so.
The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.
A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights or a stationary tow truck that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle or tow truck, absent other direction by a peace officer, proceed to do one of the following
> Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle or tow truck, with due regard for safety and traffic conditions, if practicable and not prohibited by law.
All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
Violations of Penal Code (8)42 are a civil infraction punishable by a $150 fine
(8)43. Turning:
(8)43. Turning:
Both the approach for a right-hand turn and a right-hand turn shall be made as close as practicable to the right-hand curb or edge of the roadway unless roadway markings permit otherwise.
The approach for a left turn shall be made as close as practicable to the left-hand edge of the extreme left-hand lane or portion of the roadway lawfully available to traffic moving in the direction of travel of the vehicle and, when turning at an intersection, the left turn shall not be made before entering the intersection. After entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in that direction upon the roadway being entered.
No driver shall make a U-turn at an intersection controlled by official traffic control devices except from the far lefthand lane that is lawfully available to traffic moving in the direction of travel from which the turn is commenced.
Violations of Penal Code (8)43 are a civil infraction punishable by a $250 fine.
(8)44. Maximum Vehicle Size and Weight:
(8)44. Maximum Vehicle Size and Weight:
All motor vehicles shall comply with the following size dimensions except as listed in element
A maximum width of 102 inches. ((A vehicle that fits within 1 lane is presumed to meet this dimension))
A maximum length of 65 feet. ((Any “standard” combination of truck and trailer is presumed to meet the dimension))
((Standard means a combination that would normally be seen in the real world such as a semi truck and trailer or a bus))
A maximum weight of 80,000 lbs
((Any “standard” combination of truck and trailer is presumed to meet this dimension))
((Standard means a combination that would normally be seen in the real world such as a semi truck and trailer or a bus))
Violation of Penal Code (8)44 is a civil infraction punishable by a fine of $194.
NOTES:
The Commercial Vehicle Enforcement division may impose any such requirements to the issuance of a permit pursuant to safety.
Title 9 - Control of Deadly Weapons or Equipment
Title 9 - Control of Deadly Weapons or Equipment
(9)01. Possession Of An Illegal Blade:
(9)01. Possession Of An Illegal Blade:
A civilian who possesses a blade or improvised blade over three inches in length that can be used as a cutting, slashing or stabbing weapon, whether or not concealed.
((Any wieldable script-wise knife or katana in your inventory is considered long enough to kill someone and qualify as an illegal blade.))
Penal Code (9)01 is a misdemeanor punishable by imprisonment. This falls under Officer Discretion.
(9)02. Possession Of An Unlicensed Firearm:
(9)02. Possession Of An Unlicensed Firearm:
A civilian who carries a legal, but unlicensed weapon on their person, in their vehicle, place of business, or other facility without proper permits.
A person who knowingly and willingly allows another person to carry a weapon on their person, in their vehicle, place of business, or other facility without proper permits.
Penal Code (9)02 is a misdemeanor punishable by imprisonment.
If the individual has a felony on record, they shall receive the maximum sentence.
NOTES:
Unlicensed weapons include the (NAME OF THE WEAPONS WIP) or any other weapons that someone can obtain a license to use, but owns in this specific instance as unlicensed weapons.
(9)03. Possession Of An Illegal Firearm:
(9)03. Possession Of An Illegal Firearm:
A civilian who possesses any firearm that is illegal in possession or not considered part of any legal weapon type.
A person who possesses a firearm that contains illegal modifications in its design including, but not limited to, fully automatic firearms, magazine extensions, and silencers.
Penal Code (9)03 is a felony punishable by imprisonment.
(9)04. Possession Of An Assault Weapon:
(9)04. Possession Of An Assault Weapon:
A civilian who possesses an illegal firearm which uses high-velocity, high-caliber, or specialized ammunition including, but not limited to, FMJ ammunition or HEIAP bullets.
Penal Code (9)04 is a felony punishable by imprisonment.
(9)05. Unlicensed Sale Of A Firearm:
(9)05. Unlicensed Sale Of A Firearm:
A person who illegally sells a firearm or improvised weapon of any type without proper permits or authorization.
Penal Code (9)05 is a felony punishable by imprisonment.
(9)06. Possession Of An Explosive Device:
(9)06. Possession Of An Explosive Device:
A civilian who possesses any manufactured or improvised device or equipment which is made from explosive and/or highly flammable liquid, gas or solid materials.
Penal Code (9)06 is a felony punishable by imprisonment.
(9)07. Manufacture Or Possession Of An Improvised Device:
(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.
Penal Code (9)07 is a felony punishable by imprisonment.
NOTES:
This applies to the possession of disassembled, or packaged firearms. For example, if someone has 10 packaged M4's, they are charged with 10 counts of (9)07. Manufacture or Possession of an Improvised Device, not (9)04. Possession Of An Assault Weapon.
This code entry cannot stack with any other Title 9. Control of Deadly Weapons And Equipment charges unless this charge is for a separate item.
(9)08. Possession Of Weaponry With Intent To Sell:
(9)08. Possession Of Weaponry With Intent To Sell:
A person who is in possession of more than 5 full weapons or weapon components in any combination or amount with the intent to distribute, deliver, or sell.
Penal Code (9)08 is a felony punishable by imprisonment.
(9)09. Distribution Of Weaponry:
(9)09. Distribution Of Weaponry:
The illegal distribution of weapons without a license to distribute class in question weapons.
Penal Code (9)09 is a felony punishable by imprisonment.
(9)10. Possession Of Explosive Devices With Intent To Sell:
(9)10. 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)10 is a felony punishable by imprisonment.
(9)11. Brandishing A Firearm:
(9)11. Brandishing A Firearm:
A person who is pointing, holding, openly carrying or brandishing a firearm, air or gas operated weapon, or object that appears like a firearm without proper toy and prop identification in an attempt to elicit fear or hysteria.
A person holding an object in a manner similar to a firearm who attempts to elicit the same fear or response as brandishing an actual firearm.
Penal Code (9)11 is a misdemeanor punishable imprisonment, as well as revocation of the person's firearms permit if applicable.
NOTES:
Brandishing explicitly notes that the purpose is to elicit fear or hysteria. A Weapons Discharge violation is irrelevant of the intent to elicit hysteria so the two charges can be stacked if appropriate.
(9)12. Weapons Discharge Violation:
(9)12. Weapons Discharge Violation:
A person who fires a firearm without due cause or justifiable motive regardless of registration status or legality.
A person committing this offense from a vehicle, whether land, sea, or in air, shall instead be charged with (9)13. Drive-By Shooting.
Penal Code (9)12 is a misdemeanor punishable by imprisonment, as revocation of the person's firearms permit for seven day if applicable.
NOTES:
This charge can stack with (9)11. Brandishing A Firearm, so you can in fact be charged both. A discharge however is different from brandishing, which requires the perpetrator to be using the brandishing as a way to elicit fear or hysteria.
(9)13. Drive-By Shooting:
(9)13. Drive-By Shooting:
A person who drives a vehicle, whether on land, sea, or in air, and has a passenger who they knowingly and willingly let discharge a firearm from within the vehicle, and the passenger is not an on-duty peace officer.
A person who exits a vehicle only to immediately discharge a firearm afterward.
A person who discharges a weapon in a vehicle, whether on land, sea, or in air, and is not an on-duty peace officer with proper authorization.
Penal Code (9)13 is a felony punishable by imprisonment.
(9)14. CCW / Registration Violation:
(9)14. CCW / Registration Violation:
A person who carries concealed a legal, registered firearm that is not authorized as a conceal-carry weapon.
A person who carries concealed a legal, registered firearm that they are not authorized to carry concealed.
A person who does not carry proper permits or documentation for their weapon or occupational weapon usage.
Any other firearms regulatory violations as set by the appropriate licensing agency.
Penal Code (9)14 is a misdemeanor punishable by imprisonment, as well as suspension of the person's firearms permit for seven days or revocation upon Officer Discretion. This entire charge also falls under Officer Discretion.
NOTES:
The LSPD has the authority to regulate all firearms policy. Any violations of their policies apply to (9)14. This includes violations pertaining special weapons usage, such as for a prop as part of a production or as a security guard, etc. See (13)24. Criminal Accomplice Cause for more details.
(9)15. Illegally Modified Weapons/Devices:
(9)15. Illegally Modified Weapons/Devices:
Any weapon made outside of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations as well as state and local regulations.
Penal Code (9)15 is a felony punishable by imprisonment.
Title 10 - Operation of Commercial Vehicles
Title 10 - Operation of Commercial Vehicles
(10)01. CDL Licence:
(10)01. CDL Licence:
Required to operate large, heavy, or placarded hazardous material vehicles in commerce.
Penal Code (10)01 is a misdemeanor punishable by imprisonment.
(10)01 A. CDL Small Cargo:
(10)01 A. CDL Small Cargo:
Any combination of vehicles with a GVWR/GVW (Gross Vehicle Weight Rating/Gross Vehicle Weight) of 26,001 pounds or more provided the GVWR/GVW of the vehicle(s) being towed is in excess of 10,000 pounds. Class A holders are also permitted to operate any commercial motor vehicle included in Classes B and C provided they have the appropriate endorsements.
Penal Code (10)01 A. is a misdemeanor punishable by imprisonment.
(10)01 B. CDL Passenger/Medium Cargo:
(10)01 B. CDL Passenger/Medium Cargo:
Any single vehicle with a GVWR/GVW of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR/GVW. Class B holders are also permitted to operate any commercial motor vehicle included in Class C provided they have the appropriate endorsements.
Penal Code (10)01 B. is a misdemeanor punishable by imprisonment.
(10)01 C. CDL Large:
(10)01 C. CDL Large:
Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous and is required to be placarded or is transporting any quantity of a material listed as a select agent or toxin.
Penal Code (10)01 C. is a felony punishable by imprisonment.
(10)02. Duty Day Limits:
(10)02. Duty Day Limits:
A driver that is operating a commercial motor vehicle must comply with the following duty day requirements:
A driver may be on duty no more than 14 hours per 24 hour period.
A driver may drive for no more than 11 hours per 14 hour duty period.
A driver must take a 30 minute break every 8 hours.
A driver must rest (be off duty) for 10 continuous hours per 24 hour period.
A driver shall maintain a logbook which indicates the times at which the driver went on duty, off duty, was driving, and took his or her required breaks.
Drivers will keep records for 7 days including the current day.
Violations of Penal Code (10)02 are a civil infraction punishable by a fine of $250. A commercial motor vehicle shall be put out of service for a violation of this section until such time that the violation is corrected, a legal driver takes possession of the vehicle, or a towing company moves the vehicle to private property that the vehicle is authorized to park on. A vehicle may not be put out of service for a violation that occurred prior to the last 10 hour rest period.
(10)03. Commercial Weight and Size:
(10)03. Commercial Weight and Size:
The following infractions are nullified in the event the commercial motor vehicle driver possesses the proper overweight/oversize permit.
Any Combination vehicle shall not weigh more than 80,000 pounds Gross vehicle weight
Any straight truck/box truck shall not weigh more than 40,000 pounds Gross vehicle weight
No cargo is to exceed the limits of the length, width or height(13 feet, 6 inches) of the trailer.
Violations of Penal Code (10)03 are a civil infraction punishable by a fine of $234 and 2 points for being 0-1000 lbs overweight, $550 and 5 points for being 1001-5000 lbs over, $1,000 and 10 points for being 5000 lbs or over, $2,000 and 10 points for cargo exceeding length, width, or height of trailer. In the event the vehicle is overweight, the vehicle will be placed Out of Service until the excess weight is offloaded at a location deemed capable of handling such an issue.
(10)04. Hazardous Material & Transportation:
(10)04. Hazardous Material & Transportation:
All vehicles carrying hazardous materials/passengers must come to a complete stop at ALL railroad crossings and have their emergency flashers activated.
All HAZMAT vehicles/trailers should have the proper placards, one per side and one on each end.
No HAZMAT vehicle/trailer should be driven through a residential area.(Exemption: Drop off point is located in a residential area)
No HAZMAT vehicle/trailer should be left unattended. If left unattended for any reason it must be left in a safe location at all times. At no time should a HAZMAT vehicle/trailer be parked on the side of the road.
No passenger vehicle should be fueling while passengers are aboard.
No passenger/driver should be smoking while aboard the vehicle(public transportation).
Violations of Penal Code (10)04 are a civil infraction punishable by a fine of $234 and 2 points for 3, $550 and 5 points as well as the driver being put Out of Service at the CVE Officer’s discretion for 2, $1,000 and 10 points as well as a 20 minute CDL suspension for 1.
Title 11 - Operation of Aircraft
Title 11 - Operation of Aircraft
(11)01. Aircraft Equipment:
(11)01. Aircraft Equipment:
All equipment and lights on an aircraft must be in working order.
Penal Code (11)01 is a civil infraction punishable by a fine of $11,000 and suspension of his or her pilot's license for 3 days. An airplane shall be put out of service for a violation of this section until such time that violation is corrected.
(11)02. Flying Without A Pilot's License:
(11)02. Flying Without A Pilot's License:
A person operating an aircraft without a proper license or authorization.
Penal Code (11)02 is a misdemeanor punishable by imprisonment.
(11)03. Failure To Adhere To ATC Protocols:
(11)03. Failure To Adhere To ATC Protocols:
A person who failures to respond to identification requests from nearby aircraft or Air Traffic Control.
Penal Code (11)03 is a felony punishable by imprisonment.
Individuals who do not respond to ATC traffic may become a target of the San Andreas National Guard and be shot down.
(11)04. Reckless Operation Of An Aircraft:
(11)04. Reckless Operation Of An Aircraft:
A person who demonstrates careless or general disregard for the safety of themselves or others while operating an aircraft.
A person who performs stunts or dangerous aeronautical maneuvers while over populated areas or while dangerously close to other aircraft.
A person who fails to give appropriate distance or clearance to another aircraft in operation.
Penal Code (11)04 is a misdemeanor punishable by imprisonment, as well as revocation of the person’s license to fly.
(11)05. Failure To Adhere To Flight Protocols:
(11)05. Failure To Adhere To Flight Protocols:
A person who failures to follow the flight protocols as detailed in State Aviation Act.
Penal Code (11)05 is a felony punishable by imprisonment.
Individuals who do not respond to ATC traffic may become a target of the San Andreas National Guard and be shot down.
(11)06. Aerial Evasion:
(11)06. Aerial Evasion:
A person who, while operating an aircraft, willfully flees or otherwise attempts to elude pursuing law enforcement who is broadcasting their request to land or halt.
Penal Code (11)06 is a felony punishable by imprisonment.
(11)07. Restricted Airspace Violation:
(11)07. Restricted Airspace Violation:
A person who enters the restricted airspace as detailed in State Aviation Act and refuses to leave such airspace after being ordered to leave such airspace.
Penal Code (11)07 is a felony punishable by imprisonment.
Individuals who do not respond to ATC traffic or continually evade may become a target of the San Andreas National Guard and be shot down.
Title 12 - Operation of Boats
Title 12 - Operation of Boats
(12)01. Boating Licence:
(12)01. Boating Licence:
A person shall not operate any water vessel, without possessing a valid and current boating operators license. Not including jet skis, they only require a basic vessel safety course. The licensee shall have in his/her immediate possession at all times, the state issued license while operating the vessel.
Violations of Penal Code (12)01 are civil infractions punishable by a fine of $234.
A vessel being operated by a person without a valid license may be impounded.
Violations of 3 or more times is a misdemeanor, punishable by $1000 fine and 30 sec in jail.
(12)02. Equipment:
(12)02. Equipment:
All vessels must have the following:
All lights on the vessel must be in working order
All people on the vessel must have and wear a PFD (Life Jacket)
Violations of Penal Code (12)02 are civil infractions and punishable by a fine of $1070 and possible vessel being impounded.
(12)03. Transportation Worker Identification Credential:
(12)03. Transportation Worker Identification Credential:
Is required by the Maritime Transportation Security Act for workers who need access to secure areas of San Andreas’s maritime facilities/vessels.
Penal Code (12)03 is a civil infraction and punishable by a fine of $1,000.
(12)04. Merchant Mariner Credential:
(12)04. Merchant Mariner Credential:
Issued by the San Andreas Coast Guard in accordance with guidelines of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) to San Andreas seafarers in order to show evidence of a mariner's qualifications.
It is the standard documentation required for all crew members of San Andreas ships with a Gross Tonnage of over 100 and for all vessels required to operate with a licensed Master, regardless of size.
Penal Code (12)04 is a misdemeanor punishable by imprisonment.
(12)05. Alcohol Consumption:
(12)05. Alcohol Consumption:
If the driver of the marine vehicle is under the influence of alcohol, they must be over the legal limit of 0.08 BAC before breaking that law.
Violations of Penal Code (12)05 are a felony punishable by 90 seconds imprisonment, a fine of $10,000, and boaters license suspension for 8 days .
NOTES:
When a death occurs this charge can be stacked with manslaughter.
Title 13 - Code Policy and Legal Procedures
Title 13 - Code Policy and Legal Procedures
(13)01. Entrapment:
(13)01. Entrapment:
A person who would not have committed an offense if not for for the harassment, threats, or coercion to do so by members of law enforcement cannot be found guilty of the offense that they were persuaded to commit.
(13)02. Duress:
(13)02. Duress:
A person who commits any offense in response to immediate threats to kill from a third party and does so in order to negate those threats cannot be found to have had the required criminal intent with which to be held liable for an offense.
The only exception to this are severe crimes against the person, such as torture, murder, and attempted murder, as it is not justifiable to take or severely harm another life unless in an act of self defense.
(13)03. Suspicion Policy:
(13)03. Suspicion Policy:
A peace officer's or court's justifiable suspicion of a person to commit or conspire to commit a crime is sufficient to allow that individual to be detained for questioning for no more than 30 minutes in police or court custody, however they cannot be searched beyond a legal Terry Frisk for the officer’s safety unless probable cause or concurrent evidence emerges.
A person who is at the scene of a crime, riot, or major public disturbance may also be classified under the suspicion policy for temporary detainment.
Violation of this policy, or an act of justifiable suspicion that extends beyond legal bounds, extends beyond Color of Law and is satisfactory for suit.
A person who fails to identify themselves to a peace officer during arrest or arraignment shall be imprisoned for the maximum time allowed by the law until they can be successfully identified by a peace officer or the courts.
(13)04. Officer Discretion:
(13)04. Officer Discretion:
Law enforcement officers shall have the authority to use their discretion when issuing infractions or select misdemeanors. This discretion entitles the officer to choose to forego an infraction or misdemeanor penalty based on their personal judgement.
Officers must choose to issue Officer Discretion and forego charging, not issue a fine or other punishment in lieu of the typical punishment.
Officers cannot elect Officer Discretion if the independent victim, property owner, or affected party chooses to press charges on the perpetrator.
Double Jeopardy still applies, meaning a senior officer cannot revoke Officer Discretion once it is issued unless it was issued in disregard for a party wishing to press charges.
All misdemeanors that fall under Officer Discretion shall state as such in the sentencing portion of the charge.
(13)05. Mistake Of Fact:
(13)05. Mistake Of Fact:
A person who commits an offense but claims, and can display proof, that they acted on the honestly held belief they were not violating the law or did not understand the law that was violated.
This can only negate an offense if the offense requires mens rea, meaning a willful intention, knowing, or understanding that they are committing a crime.
In any other cases, it may reduce the punishment for an offense at the discretion of the peace officer, or a judge when in a criminal suit.
(13)06. Involuntary Intoxication:
(13)06. Involuntary Intoxication:
A person found to be involuntarily intoxicated, meaning they were evidently drugged or had their awareness impaired against their will or knowledge, cannot be found guilty of an offense as they did not have the adequate state of mind to do so.
(13)07. Private Defense, Self Defense, And Defense Of Others:
(13)07. Private Defense, Self Defense, And Defense Of Others:
A person who has a reasonable belief that they, or another, are in imminent danger of being killed, seriously injured or unlawfully touched and believe that imminent force is needed to prevent that danger and use no more force than is necessary to negate that danger will absolved of criminal liability in 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.
(13)08. Necessity:
(13)08. Necessity:
A person who commits an offense out of necessity to protect themselves or others from significant bodily harm or emergency, has no adequate legal alternative, did not create a greater danger through their actions and held an actual and reasonable belief that their action was necessary to prevent harm, will be absolved of criminal liability for the offense deemed to be committed as a necessity to prevent greater harm.
This defense cannot be applied in cases of gang on gang violence or in other such instances where the party claiming the defense was put at risk of immediate danger by their own involvement with actionable criminality.
(13)09. Parole Exclusions:
(13)09. Parole Exclusions:
A person who is guilty of (1)13. Torture, (1)12. Kidnapping, (1)08. Attempted Murder with the Government Worker Clause, (1)09. Murder, (1)06. Manslaughter, and (4)20. Violation of Parole Or Probation shall be always excluded from any opportunity of parole.
(13)10. Good Samaritan Cause:
(13)10. Good Samaritan Cause:
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.
(13)11. Imprisonment & Punishment Criteria:
(13)11. Imprisonment & Punishment Criteria:
Only criminal violations that originate from the San Andreas Penal Code may carry a misdemeanor or felony-level punishment with imprisonment in a county or state penitentiary.
All felonies must carry with their punishment imprisonment at the San Andreas State Correctional Facility.
All persons convicted of felony will carry their sentence at the San Andreas State Correctional Facility. All persons convicted of misdemeanor will carry their sentence at the appropriate county facility. All persons convicted will be imprisoned at the location of Officer Discretion.
Each penal code entry may include a range of time for imprisonment. While some entries dictate instances where the maximum or minimum time of imprisonment must be used, in all other instances the peace officer issuing the arrest may use their discretion, based on severity, cooperativeness of the suspect, or other criteria to decide the time within
The LSPD may set internal policies to dictate how officers should follow Imprisonment & Punishment Criteria, so long as it does not violate the minimum and maximum punishment policies stated in this Penal Code.
Each bullet number in a penal code entry refers to an applicable charge for each entry. Violating any one of the descriptions is a violation of the penal code entry.
So long as no exceptions are stated in the penal code entry, charges can be stacked for additional imprisonment.
((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 and would not be placed with the regular prison population.))
NOTES:
For example, Murder carries a maximum punishment when it is committed against a government employee. PD 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 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.
(13)12. Maximum Imprisonment:
(13)12. Maximum Imprisonment:
A person cannot be imprisoned for longer than 60 minutes despite the number of charges on this individual exceeding a 60 minute penalty, unless said sentence is approved by a Justice of the Courts of San Andreas, or by the Governor of San Andreas.
A person who cannot be effectively identified shall be imprisoned for 60 minutes until they can be properly identified or they fulfill the 60 minute imprisonment. If they are identified, the total time served will be deducted from the time due, with immediate release if they fulfilled more than the total time. A person released with more time spent in prison than their charges yield is not subject to excessive or wrongful imprisonment
At the Governor’s discretion, an individual who commits a felony may qualify for death row status, yielding permanent imprisonment until their execution can be carried out by the Warden of SACF, unless the Governor issues a pardon.
(13)13. Wiretapping, CCTV & Videotaping Policy:
(13)13. Wiretapping, CCTV & Videotaping Policy:
The State of San Andreas shall have a one-party notification policy for wiretapping without appropriate surveillance warrants and authorizations.
A person who is found to violate these wiretapping laws can be charged with (14)10. Wiretapping Violation
Moles, bugs, and other illegal surveillance falls under wiretapping laws and violations / policies.
Government Employees may be recorded by civilians at all times when conducting their duties in an official capacity or when on-duty.
((CCTV is considered reasonably accessible to the courts when sourced from inside and around all public facilities, from police dashcams, or when subpoenaed by a private business that claims to have CCTV cameras installed. Public CCTVs cannot be tampered, modified, stolen, or destroyed.))
((CCTVs in businesses must be explicitly recorded as existing on paperwork or a license to be used in court or accepted legally.))
NOTES:
So long as one party (either person on the phone, in a facility, or other location where a conversation or event is being recorded) is aware of the situation it is considered a legal recording. Property owners always have full surveillance rights to their property and facilities, parking lots, etc. they maintain.
(13)14. Police Exigency & Hot Pursuit Policy:
(13)14. Police Exigency & Hot Pursuit Policy:
Peace officers have the authority to follow suspects into private property if directly related to an ongoing pursuit. Entry related to investigations or other projects not in a direct pursuit of a suspect require a warrant.
Peace officers have the authority to enter the public area of a private facility, such as the public area of a club or restaurant, at all times the facility is open to the public. Private areas of the facility require permission of the facility manager or a warrant.
(13)15. Probable Cause & Plain View still applies when an officer is entering a facility for hot pursuit or entering the public area of a private facility.
NOTES:
This includes multiple rooms where a suspect could reasonably have ran to, such as several apartments within an apartment complex.
(13)15. Probable Cause & Plain View Policy:
(13)15. Probable Cause & Plain View Policy:
Peace officers have the power to seize and record evidence upon any event that is in their plain view so long as they have a legal reason to be where they’re located at the time.
A person who gives a government employee permission to view or access a facility, equipment or other areas is permitting an officer to view a facility for probable cause or plain view evidence.
Probable Cause does not have a specific definition, but refers to the ongoing premise that an officer’s “gut feeling” supported by plain view evidence (such as the smell of marijuana or other items) that would imply a probable situation of criminality and authorize a search based on that evidence. Probable Cause can be circumstantially contested in a court of law.
NOTES:
Plain View applies even when an officer is in hot pursuit and enters, for example, an apartment complex and sees a clear criminal act in progress while chasing someone. They can call in other units to seize and handle that situation too.
(13)16. Warrant Policy:
(13)16. Warrant Policy:
Warrants may be issued for the arrest of a person, search of a person, or search of property.
Warrants may only be issued by the following individuals
All members of the Los Santos Police Department, San Andreas Highway Patrol, and Blaine County Sheriff's Office with a rank of Sergeant or higher.
All directors of the Department of Justice
The supervisors and coordinators of the following subdivisions
Highway Patrol Investigations Unit
Warrant Services
Detectives Unit
Prior to issuing an arrest warrant the following criteria must be met by the person issuing the warrant:
Evidence exists that indicates that the named person committed the crime without a reasonable doubt.
If there is a reasonable doubt but suspicion a person may be detained under code section (13)11.
Prior to issuing a search warrant the following criteria must be met by the person issuing the warrant:
Probable cause exists that the person has evidence of a crime in a specific location
When the warrant is issued it must state the area to be searched and the items to be seized.
The following searches do not require a warrant:
A limited search of a suspect’s outer clothing for weapons if there is a reasonable suspicion (referred to as a Terry Frisk).
A search of a vehicle if the officer has probable cause to conduct the search.
A search of a vehicle after an arrest of a person who was in the vehicle.
If the person arrested is not the driver or owner only the area of the vehicle immediately accessible to the passenger can be searched.
A full and complete search of a suspect who has been arrested.
A search where the owner or tenant of a building/vehicle/property authorizes the search.
An Administrative Search
An Administrative search is one that complies with all of the following;
If a patrol supervisor is not available the following people should be contacted if available to perform these steps (in order):
CIvilian Supervisor (if in patrol)
Civilian Manager (if in patrol)
Fire Department Supervisor (if in patrol)
If none of the people listed are in patrol contact the Civilian Operations Manager within 48 hours of the event.
Civilians who regularly file false reports or unreasonable reports may face OOC consequences.
This section may also be used by officers who observed a false arrest to report that false arrest.))
(13)17. Attempt:
(13)17. Attempt:
A person who attempts to commit any crime, but fails or is prevented or intercepted in its perpetration, shall be given the same punishment as if the offense was committed.
(13)18. Conspiracy:
(13)18. Conspiracy:
If two or more persons conspire to commit any crime, to falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime, they shall be punished by the same punishment as if the offense was committed.
(13)19. Soliciting:
(13)19. Soliciting:
A person who solicits for the commission or perpetration of any crime shall be punished by the same punishment as if the offense was committed.
(13)20. Government Worker Clause:
(13)20. Government Worker Clause:
Any crime knowingly committed against a government worker or state agency employee, as defined by the State Constitution, shall punish the perpetrator with the maximum possible sentence allowed by that particular code entry, unless a judge orders a reduced sentence. This charge does not apply to property or possessions of a government agency.
(13)21. Plea Bargaining / Police Compliance Clause:
(13)21. Plea Bargaining / Police Compliance Clause:
If a person, at the request of the District Attorney’s Office, or by other legal authorities within the State of San Andreas, complies to assistance in other activities sufficient to assist with the apprehension or prevention of criminals or crime in San Andreas, then that individual is permitted to receive bargains or other commutes to sentences and punishments issued.
The specific amount of a sentence commute are subject to the circumstances of each situation of Plea Bargain or Police Compliance, at the discretion of the judge reviewing the case.
(13)22. Three-Strikes Policy:
(13)22. Three-Strikes Policy:
A person who drives a vehicle and receives three driver warnings shall have their vehicle impounded and their license revoked for twelve (12) weeks.
An individual who violates a penal code entry that states a specific punishment, such as a license revocation, shall have their vehicle impounded and licensed revoked for eight hours.
All warnings on record are removed upon revocation and the three-strikes vehicle policy resets.
(13)23. Weapons Violation:
(13)23. Weapons Violation:
A person who commits a felony while in possession of a firearm shall have their firearms permit revoked.
A person who demonstrates illegal or irresponsible usage of their firearm shall 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.
(13)24. Criminal Accomplice Clause:
(13)24. Criminal Accomplice Clause:
A person who acts as an accomplice, aid, adviser, or other supportive role to another person's attempted or successful criminal acts shall receive HALF the punishment allotted to the person who attempted or successful criminal acts.
(13)25. Accessory After The Fact:
(13)25. Accessory After The Fact:
A person who knowingly and willingly helps another person who had successfully committed a criminal act shall receive HALF the punishment issued to the person who committed the criminal act.
Examples include harboring a fugitive, helping destroy or distort evidence, withholding information relating to a crime or assisting the person elude or avoid police custody.
(13)26. Premeditated:
(13)26. Premeditated:
Any action or crime committed that was planned beforehand and/or had the slightest intent with reasonable evidence of such planning shall receive the maximum sentence.
Title 14 - State Code Violations
Title 14 - State Code Violations
(14)01. Racketeering:
(14)01. Racketeering:
The affiliation or association of an individual with a criminal organization, as prescribed by local or national law enforcement entities, with the evidence of the individual's attempt to commit extortion, bribery, murder, or other criminal activities while affiliated with said criminal organization.
Penal Code (14)01 is a felony act that is punishable on circumstances as prescribed by relevant records and to be determined by the presiding justice or judge.
(14)02. Tax Evasion:
(14)02. Tax Evasion:
A person, officer, or employee of an organization that fails to pay any appropriate fees or taxes liened against themselves or an agency they are an executive to.
A person who intentionally avoids or attempts to avoid tax or fee payments to the state.
This does not apply for fees that would fall under (4)02. Failure To Pay A Fine.
This charge may only be authorized by the Attorney General or a warrant by the Chief Justice.
Penal Code (14)02 is a felony punishable by imprisonment and appropriation of all due taxes
(14)03. Laundering Of Money Instruments:
(14)03. Laundering Of Money Instruments:
A person who possesses, hides, transfers, receives, or maintains the storage of funds earned through comprehensive criminal activities.
A person who intends to transfer, hide, cycle, or deceive funds collected through comprehensive criminal activities.
A person who maintains an establishment with a purpose to launder funds collected through comprehensive criminal activities.
This charge can only be issued by the Attorney General or a warrant by the Chief Justice.
Penal Code (14)03 is a felony punishable by imprisonment. Violators are also subject to a fine equal to thirty percent of the money laundered.
(14)04. Gambling License Violation:
(14)04. Gambling License Violation:
A person who violates the terms of their gambling or gaming license.
A person who falsely claims to operate a business with a gambling or gaming license.
A person who intentionally operates rigged or unfair games of chance.
A person who grossly violates the policies set by the Licensing Code of San Andreas for gaming and games of chance.
A person who operates any game of chance without proper permits, licenses, or authorizations.
Penal Code (14)04 is a felony punishable by imprisonment.
(14)05. Medical Practice Violation:
(14)05. Medical Practice Violation:
A person who identifies themselves as possessing a license to practice advanced medicine, whether verbally, or through implied means, and who has not received proper training to do so from the 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)07. Attempted Murder.
Penal Code (14)05 is a felony punishable by imprisonment.
NOTES:
This charge covers any harm that happens as a result of criminal negligence or an intent to cause harm, but Murder stacks with this charge if the person dies as a result of the negligence or intentional harm.
This does not cover doctors who are forced to act out of threat, by order of a government authority, or in other cases that would put them in harm’s way if they do not act.
(14)06. Legal Practice Violation:
(14)06. Legal Practice Violation:
A person who advertises or portrays themselves as practicing or as being entitled to practice law without being an active member of the San Andreas State Bar.
Penal Code (14)06 is a misdemeanor punishable by imprisonment.
(14)07. Construction And Maintenance Code Violation:
(14)07. Construction And Maintenance Code Violation:
A person who enters a clearly designated construction or facility maintenance site without the authority or purpose to be there.
A person who enters a clearly designated road works site without the authority or purpose to be there.
Penal Code (14)07 is a misdemeanor punishable by imprisonment and a fine of $3,500.
(14)08. Criminal Fire Code Violation:
(14)08. Criminal Fire Code Violation:
A facility manager or property owner who, through willful ignorance, criminal negligence, or intentional ignorance of a fire marshal violates a provision of the Fire Code and fails to amend that violation in a timely manner.
A person who disrupts, removes, defaces, or affects any official postings or notices issued by a fire marshal.
Penal Code (14)08 is a misdemeanor punishable by imprisonment and a fine of $2,500.
(14)09. Failure To Comply With Fire Code Orders:
(14)09. Failure To Comply With Fire Code Orders:
A person who fails to comply with a fire marshal’s orders to bring a facility up to the standards of the Fire Code.
Penal Code (14)09 is a civil infraction of $100 for each day in violation at the fire marshal’s discretion.
(14)10. Wiretapping Violation:
(14)10. Wiretapping Violation:
A person who illegally conducts surveillance or wiretapping in violation of the one-party notification system without a warrant or authorization.
Penal Code (14)10 is a felony punishable by imprisonment.
NOTES:
Cops can charge this but usually a judge is the one who notes or acknowledges what is an illegal wiretapping operation. One-party notification means that at least one party being recorded visually or audibly is aware of that they are being recorded and consents to it.
(14)11. Criminal Business Operations:
(14)11. Criminal Business Operations:
Any person who willfully fails to pay a fine issued and notified by the Bureau of Licensing within seven days without a lawful excuse, even if the fine is paid in full after that time is guilty of a misdemeanor. Those convicted under this section shall be punished by imprisonment and the appropriation of all due fines.
This charge is issued in lieu of (4)02. Failure To Pay A Fine when the fine is related to the Bureau of Licensing and exceeds the seven day payment period.
Penal Code (14)11 is a misdemeanor punishable imprisonment and paying of all fines due to the Bureau of Licensing.
(14)12. Corporate Hijacking:
(14)12. Corporate Hijacking:
A person or group who unlawfully and willfully uses a business premises for trade, corporate or financial gain without license, lease or consent from it's registered owner.
Penal Code (14)12 is a misdemeanor punishable by imprisonment and a fee equivalent to all profits earned while committing Corporate Hijacking.
(14)13. Interference With A Transit System:
(14)13. Interference With A Transit System:
For the purpose of this section a transit system is any bus, train, subway, light rail, boat, helicopter, or plane operated for the purpose of transporting the general public along a predefined route.
A person shall not do any of the following with respect to the property, facilities, or vehicles of a transit system:
Operate, interfere with, enter into, or climb on or in, the property, facilities, or vehicles owned or operated by the transit system without the permission or approval of the transit system.
Interfere with the operator or operation of a transit vehicle, or impede the safe boarding or alighting of passengers.
Extend any portion of the body through a window opening of a transit vehicle in a manner that may cause harm or injury.
Throw an object from a transit vehicle.
Commit an act or engage in a behavior that may, with reasonable foreseeability, cause harm or injury to any person or property.
Violate a notice, prohibition, instruction, or direction on a sign that is intended to provide for the safety and security of transit passengers, or the safe and secure operation of the transit system.
Knowingly give false information to a system employee, or contracted security officer, engaged in the enforcement of a system ordinance or a state law.
The intent of this section is to create a metric that can be used to balance the following 3 needs of the department
The need for correctional services to have prisoner’s to RP with;
The need for non correctional services LEOs to have civilians to interact with; and
The need for civilians to have a fair and balanced punishment system.
When correctional services is active the following 2 pieces of information shall be determined on a regular basis:
The number of active correctional services personnel working at the prison
Members who are transporting prisoners are considered to be working at the prison.
The ratio of LEO members + Fire members to Civilians
Mathematically this is (LEO + Fire) / Civilians
Ex: if there are 5 total LEOs, 5 Fire, and 5 Civs the calculation is (5+5)/5 or 2.
This is referred to as a civ ratio below.
Based on the information determined in element 2 correctional services will operation in one of the following modes:
Mode 1: Active correctional services members under 3 and civ ratio is over 3.
Mode 2: Active correctional services members at or over 3 or civ ratio is at or under 3.
Mode 3: Active correctional services member at or over 3 and civ ratio is at or under 3.
Title 15 - Fish and Game
Title 15 - Fish and Game
(15)01. Daily Limits And Possession Limits:
(15)01. Daily Limits And Possession Limits:
No person may kill or attempt to kill an animal in excess of the limits listed below:
No person may kill or attempt to kill an animal in excess of the limits listed below:
Boar (No Limit)
Coyote (No Limit)
Crow (24 per day, 48 total in possession)
Deer (Antlered Buck Deer: One (1) Per Tag, One (1) Per Day, Three (3))
(Antlerless Deer: One (1) Per Tag, One (1) Per Day, Two (2) Per Year.)
Fish (Size Requirement: Minimum height of 1”)
Clams (Personal: 50 clams) (Commercial No Limit)
Crappie & Sunfish (Personal: 25) (Commercial: No Limit)
(Size Requirement: Minimum length of 10” )
Black Bass (Personal: 5) (Commercial: 300 pounds)
(Size Requirement: Minimum length of 12” )
White Vass (Personal: No Limit (3 total if length is >17”)) (Commercial: No Limit)
Striped Bass (Personal: 2) (Commercial: 15)
(Size Requirement: 28” - 43” in length )
Perch (Personal 45) (Commercial: No Limit )
White Sturgeon (Personal: 1) (Commercial: 10)
(Size Requirement:40” - 60” in Length)
3.No person may hunt with firearms that do not meet the following firearm or weapon types;
Muzzleloading or Centerfire Rifle (e.g. musket, marksman rifle) that fire as semi-automatic
Shotguns that fire as semi-automatic
Pistols or revolvers that fire as semi-automatic
No person may use explosive or incendiary devices or ammunition for hunting.
No person may use a melee weaponry (e.g. bats, knives, axes, and so forth) for hunting.
No person may hunt for aquatic species in manners other than with the use of rod and reel, a spear, or a net unless licensed for commercial fishing by the State of San Andreas.
7. Those who hold a commercial fishing license are limited to the use nets or cages that comply to the following standards; a.Made of a biodegradable material so that in the event of its disconnection from the fishing vessel, it will not cause long-term, adverse effects to marine life and public health.
Violations of Penal Code (15)01 is a misdemeanor punishable by a $870 fine, seizure of hunting equipment, and/or seizure of hunted fish and game at the discretion of the fish and game services.
(15)02. Hunting Under The Influence:
(15)02. Hunting Under The Influence:
No person may hunt, capture, bait, lure, or attempt to hunt, capture, bait, or lure any animals while intoxicated.
Violations of Penal Code (15)02 are a misdemeanor punishable by a $1,470 fine.
(15)03. Poaching:
(15)03. Poaching:
A person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges an animal, or part of any of those animals, for profit or personal gain, is guilty under this penal code.
Violations of Penal Code (15)03 are a felony punishable by a $40,000 fine and 60 seconds imprisonment.
(15)04. Use Of Animals:
(15)04. Use Of Animals:
No person shall at any time capture or destroy any deer and detach or remove from the carcass only the head, hide, antlers, or horns; nor shall any person at any time leave through carelessness or neglect any game mammal or game bird which is in his possession, or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste.
Violations of Penal Code (15)04 are a misdemeanor punishable by a $670 fine.
(15)05. Authorized Hunting And Fishing Areas:
(15)05. Authorized Hunting And Fishing Areas:
No person may hunt within any of the following areas as zoned or designated by the State of San Andreas or Blaine County;
Commercial Property
Residential Property
National Parks (e.g. Grand Senora Desert)
Nature Preserves
Other protected wilderness areas.
Additionally, no person may hunt within the following conditions;
Within 150 yards of any dwelling
On or over any roadway recognised by the State of San Andreas Department of Transportation, regardless of type (e.g. dirt, paved).
Violation of Penal Code (15)05 is a misdemeanor punishable by a $1000 fine, seizure of hunting equipment, and/or seizure of hunted fish and game at the discretion of the fish and game services
(15)06. Commercial Fishing:
(15)06. Commercial Fishing:
No person may operate a sea vessel with the intent to fish (as defined in Title 17 of the San Andreas Legal Code and the associated subsections) without adhering to the following restrictions and regulations;
The captain of the vessel possess a valid commercial fishing license.
Validity of the license is subject to scrutinization by certified fish and game wardens as defined in 15(00) (Applicability).
The vessel used is registered as Commercial / For-Profit with the State of San Andreas.
The means of fishing must comply with the standards and regulations set forth Penal.
The amount of caught fish is within the limits set forth by (15) 01. Daily Limits & Possession Limits
Violation of Penal Code (15)06 is a misdemeanor punishable by a $10,000 fine, seizure of equipment, and/or seizure of hunted fish and game, and suspension of operations for 72 hours at the discretion of the fish and game warden.
(15)07. Conservation Of Natural Resources:
(15)07. Conservation Of Natural Resources:
Mining of minerals and/or ores, logging of trees, and/or other forms of gathering, within the confines of state and/or federally owned land, shall be regulated by the San Andreas Department of Natural Resources through licensing and permitting.
Any person actively mining, logging, or gathering natural resources, within the confines of state and/or federally owned land, is responsible to hold the proper licensing and/or permits for such activities if done on a scale larger than that for recreational purposes.
Persons found to be mining, logging, or gathering natural resources within the confines of state and/or federally owned land outside of the confines of the allowed terms of their issued licensing and/or permits are in violation of this code.
Persons found to be mining, logging, and/or gathering natural resources, within the confines of state and/or federally owned land, outside of the recreational scope and without the necessary licensing and/or permits are in violation of this code.
Exemptions
Small scale digging, tree-trimming, tree-chopping, harvesting of plants, berries, etc. and other gathering / usage of natural resources, within the confines of state and/or federally owned land, for recreational usage is permitted.
Violations of Penal Code (15)07 are a felony punishable by seize of the harvested resource(s), 100 seconds imprisonment, and a fine of $10,000.
Title 16 - Operation of the Fire Code
Title 16 - Operation of the Fire Code
● 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 14. 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
(16)01. Parking Violations:
(16)01. Parking Violations:
No vehicle may be left with its driver either inside or outside of the vehicle while within any of the following conditions:
Blocking Fire Apparatus.
Blocking access to or from a Fire Station.
Blocking Fire Apparatus Bays.
Blocking a Fire Hydrant (Within 15 Feet/4.5 Metres).
Blocking a Fire Lane.
Any person who is sitting within their vehicle while parked, refuses to move their vehicle after request of a Investigator, or the vehicle is unoccupied, is guilty of the above infraction and subject to the following:
While not on an active Fire Scene:
A $117 fine at the discretion of the Investigator.
A vehicle impoundment, after a ticket has been issued, and at the discretion of the Investigator.
While on an active Fire Scene:
A $234 fine at the discretion of the Investigator.
A vehicle impoundment, after a ticket has been issued, and at the discretion of the Investigator.
Parking Violations are considered under (8)09. Parking Violations on the SSDOJ Penal Code.
(16)02. Unattended Fires In State Or Federal Land:
(16)02. Unattended Fires In State Or Federal Land:
No person shall leave a fire, showing flame or smouldering, unattended and unextinguished, whereas said fire presents a risk of ignition of forest, timber, or other inflammable materials within the vicinity.
Violations of Penal Code (16)02 are a misdemeanor punishable by 30 seconds imprisonment and/or a fine of $1,000.
(16)03. Wildfire Resulting Due To Negligence:
(16)03. Wildfire Resulting Due To Negligence:
1.Any person who leaves a fire, showing flame or smouldering, unattended and unextinguished, that leads to uncontrolled burning of forest, timber, or other inflammable materials, within the confines of state or federally owned land is punishable under this code.
Violations of Penal Code (16)03 are a felony punishable by 100 seconds imprisonment and/or a fine of $10,000.
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