Criminal Code of San Andreas

Purpose

The purpose of the Criminal Code of the State of San Andreas (hereinafter the Criminal Code, or simply, the Code) is to maintain the safety of citizens of San Andreas and to that end: to produce a document that lists criminal penalties in the State of San Andreas as derived from its codes and laws.

This Criminal Code and the Law Courts of San Andreas shall be guided and inspired by our motto, justitas et libertas: justice and liberty.

Guidelines

For the purposes of consistency, the Criminal Code is to be referenced in all official documents in the following ways:

1. With the full title, underline, prefix first. E.g. 1.203 Battery

2. With the prefix only. E.g. CCSA 1.101.

The Code is broken down into the following component parts using 1.203(1) Battery as an example:

1. The “1” refers to the Title of the Criminal Code. In this case, 1.203(1) Battery references Title 1 of the Criminal Code.

2. The “2” refers to the severity of the offence. A “1” indicates an infraction or violation, a “2” a misdemeanour and a “3” a felony. In Titles where sections are only informational, no designation will appear (e.g. 9.01 Mistake of Fact). In this case, 1.203 Battery is a misdemeanour charge.

3. The “03” refers to the section of the offence. Charges are sorted in ascending order from 01 to 99. In this case, 1.203(1) Battery is the third offence of the section.

4. The “(1)” refers to the specific numbered paragraph or definition of a given charge. In this case, the (1) refers to the first definition of 1.203 Battery.

In summary, 1.203(1) Battery is the first definition of the third misdemeanour offence of Title 1. 

1. A “Person” refers to any living human being or individual.

2. A “Civilian” refers to any individual who is not actively serving as a Peace Officer. When a Peace Officer is off duty, they are considered a Civilian for the purposes of this Code.

3. A “Peace Officer” or “Law Enforcement Officer” refers to any individual who, through a badge, unique identifier or other internal protocol, is an officer of the law. Peace Officers are to follow internal protocols on identification.

4. A “Public Official” refers to any employee of a municipal, state or federal agency. This includes private attorneys operating with the Law Courts of San Andreas and peace officers.

5. The “Court” refers to any Magistrate, Judge or Justice presiding over a courtroom.

6. A “Gang” refers to an association of three or more individuals whose members collectively identify themselves by adopting a common group identity with the purpose, in part, of engaging in criminal activities and which uses violence or intimidation to further its criminal objectives.

7. An “Infraction” is a violation or infringement of a law or agreement. Infractions can only be rectified via fines or community service.

8. A “Misdemeanour” is a non-indictable offence that is less serious than a felony. Punishment for a misdemeanour cannot exceed twelve (12) months of prison service.

9. A “Felony” is a crime sufficiently serious to be punishable by death or a lengthy term in a state or federal prison. Punishment for a felony must be a minimum of twelve (12) months of prison service.

10. A “Weapon” refers to any object, tool or item, whether regulated or manufactured, that a person uses to inflict or threaten harm to any other person. Weapons are divided into the following categories:

    1. A “Class One Weapon” refers to the following weapons: knives, daggers and other melee objects, semi-automatic handguns (including, but not limited to: Hawk & Little pistols (combat, heavy, .50), Shrewsbury Saturday Night Special pistol and vintage pistol) and the Coil stun gun.

    2. A “Class Two Weapon” refers to the following weapons: fully-automatic submachine guns (including, but not limited to: Vom Feuer Armour Piercing Pistol, Tec-9 and Assault SMG, Hawk & Little Scorpion and Submachine Gun, Shrewsbury Micro-SMG, Coil Personal Defence Weapon, and Gusenberg Sweeper) and non-automatic shotguns (including, but not limited to: Hawk & Little Bullpup Shotgun and Double Barrel Shotgun and Shrewsbury Pump-action Shotgun, Heavy Shotgun and Sawed-off Shotgun).

    3. A “Class Three Weapon” refers to the following weapons: fully-automatic firearms (including, but not limited to: Hawk & Little Combat Machine Gun, Shrewsbury Machine Gun, and Vom Feuer Assault Shotgun).

    4. A “Class Four Weapon” refers to the following weapons: semi-automatic sniper rifles (including, but not limited to: Shrewsbury Sniper Rifle, Vom Feuer Marksman Rifle and Heavy Sniper), explosive ordinances and chemical weapons.

Note: not all weapons may be listed in this Code.

11. A “Controlled Substance” refers to any drug which has been declared by federal or state law to be regulated by the government and may only be sold or distributed via licence.

12. A “Road Law Incident” refers to the moment a peace officer engages a person until the conclusion of that engagement or situation.

    1. If a Road Law Incident escalates beyond charges established in Title 8, it shall no longer be considered a Road Law Incident.

13. “Stacking Charges” refers to a suspect receiving multiple offences for the same or similar offence. Each stacked charge or “count” of the offence will be added to the offender’s record and includes all related punishments unless otherwise exempted  in Title 9, Title 10 or in the charge itself.

14. An “Arrest” is when a person is deprived of their right to free movement via force and legal authority for an extended period of time.

    1. In the course of an investigation, detainment may become an Arrest for the purposes of this Code if the suspect is detained for an extended period of time, is transported while in custody, or considerable force is used to restrain the suspect.

    2. An arrest is subject to Code Policy 9.21 Holding Period.

15. Specific code policies shall be defined in Title 9: Code Policy.

Specific punishment modifiers shall be defined in Title 10: Sentencing Enhancements. 

1.201 Intimidation

1. A person who communicates to another person that they will physically harm or kill the other individual, placing said other individual in a reasonable state of fear for their own safety.

2. A person who communicates that they will physically harm or kill another person’s friends or relatives.

3. Such communication must be recorded in writing, audio or video.

1.201 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum fine of $250.

1.202 Assault

1. An attempt or threat to inflict physical harm or unwanted physical contact on another person.

2. This charge is exempt from the “Attempt” modifier in Title 10.

1.202 is a misdemeanour punishable by a maximum sentence of 9 months and a maximum fine of $750.

1.203 Battery

1. A person who willfully inflicts physical harm or unwanted physical contact on another person.

2. This charge is exempt from the “Attempt” modifier in Title 10.

1.203 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum fine of $1,000.

1.204 Reckless Endangerment

1. An action or set of actions that display a disregard for any foreseeable consequences which creates substantial risk or serious physical injury to other persons.

2. A person who demonstrates extreme carelessness while operating a motor vehicle; e.g. nearly striking pedestrians or cyclists, nearly causing severe harm to other motorists or passengers, driving on railways, etc. 

3. A person who would be guilty of committing 8.105 Reckless Driving but pedestrians or other motorists are in the area and are put in a hazardous situation.

4. This offence cannot stack with 8.105 Reckless Driving or 8.301 Evading a Peace Officer.

1.204 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum fine of $3,000.

1.205 Unlawful Imprisonment

1. A person who intentionally and unlawfully restricts another person’s movement within an area without justification or consent.

2. This charge cannot be stacked with 1.301 Kidnapping.

1.205 is a misdemeanour punishable by a maximum sentence of 9 months and a maximum fine of $2,000.

Note 

Unlawful imprisonment only applies if the victim has been held for under an hour, the offence was not premeditated and no ransom attempt has been made. Should any of these conditions fail, please refer to 1.301 Kidnapping.

1.301 Kidnapping

1. A person who takes another person against his or her will from one place to another through violence, force or threat thereof.

2. This charge cannot be stacked with 1.205 Unlawful Imprisonment. 

1.301 is a felony punishable by a maximum sentence of 12 months and a maximum fine of $3,000.

1.302 Aggravated Assault

1. An attempt or threat to inflict physical harm or unwanted physical contact on another person with a deadly weapon.

1.302 is a felony punishable by a maximum sentence of 15 months  and a maximum fine of $2,000.

1.303 Murder

1. A person who deliberately and intentionally kills an individual.

2. A person who, in the commission of another felony, acts with reckless indifference to human life whose action results in the death of an individual.

3. A person who unlawfully and unintentionally kills an individual.
   
   

1.303 is a felony punishable by a maximum sentence of 120 months and a maximum fine of $20,000.

Note

Each definition of 1.303 Murder is less severe than the previous definition. As such, the sentence should be scaled depending on which definition is used.

2.201 Trespassing

1. A person who knowingly and unlawfully enters unauthorised premises.

2. A person who enters another’s property while it is closed or otherwise not in operation without the express or written consent to do so.

3. This offence cannot be stacked with 2.203 Burglary. 

2.201 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum fine of $500.

Note

Trespassing refers to any person who is told to leave (by sign, verbally, or otherwise) and refuses to do so without any intention of committing another offence or other malice to the property or the contents therein. 2.203 Burglary is considered the more severe offence as it comes with evidence of criminal intent or mens rea.

2.202 Petty Theft

1. A person who steals or takes personal property of another worth no more than $5,000 without the use or threat of force.

2. A person who fails to pay a contract, bill or invoice within a reasonable amount of time for services totalling less than $5,000 in value.

2.202 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum fine of $2,500.

2.203 Burglary

1. A person who knowingly and unlawfully enters a locked, unauthorized or restricted premises with the intent to commit further offences, such as 2.202 Petty Theft or 2.301 Grand Theft.

2. This offence cannot be stacked with 2.201 Trespassing.

2.203 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum fine of $2,500.

2.204 Receiving Stolen Property

1. 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.

2. Sufficient proof that the person should have known the property was stolen is required. For example by factors of price, quality, employment status, knowledge in the public domain, or other commonly held knowledge.

2.204 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum fine of $3,000.

2.205 Vandalism

1. A person who defaces, damages or destroys the property of another without express consent to do so.

2.205 is a misdemeanour punishable by a maximum sentence of 9 months and a maximum fine of $500.

2.206 Theft

1. A person who steals or takes personal property of another worth no less than $5,000 and no more than $10,000 without the use or threat of force.

2. A person who fails to pay a contract, bill or invoice within a reasonable amount of time for services totalling between $5,000 and $10,000 in value.

2.206 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum fine of $3,500.

2.207 Joyriding

1. A person who commits the theft of any motor vehicle without the intention of withholding it from its lawful owner in perpetuity.

2. This offence cannot be stacked with 2.201 Trespassing, 2.203 Burglary, 2.302 Grand Theft Auto.

2.207 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum fine of $3,000.

2.301 Grand Theft

1. A person who steals or takes personal property of another worth no less than $10,000 without the use or threat of force.

2. A person who fails to pay a contract, bill or invoice within a reasonable amount of time for services totalling no less than $10,000 in value.

2.301 is a felony punishable by a maximum sentence of 15 months and a maximum fine of $5,000.

2.302 Grand Theft Auto

1. A person who commits the theft of any motor vehicle with the intention of withholding it from its lawful owner in perpetuity.

2. This offence cannot be stacked with 2.201 Trespassing, 2.203 Burglary, or 2.207 Joyriding.

2.302 is a felony punishable by a maximum sentence of 15 months and a maximum fine of $5,000.

2.303 Robbery

1. A person who takes the property of another against their will by means of force or threat.

2. This charge cannot be stacked with 2.304 Aggravated Robbery.

2.303 is a felony punishable by a maximum sentence of 18 months and a maximum fine of $4,000.

2.304 Aggravated Robbery

1. A person who takes the property of another against their will by means or force or threat facilitated by the use of a weapon.

2. This offence cannot be stacked with 2.303 Robbery. 

2.304 is a felony punishable by a maximum sentence of 24 months and a maximum fine of $7,500.

2.305 Arson

1. A person who intentionally and maliciously sets fire to or burns any property, private or public, without the express consent of the owner of said property.

2.305 is a felony punishable by a maximum sentence of 18 months and a maximum fine of $3,000.

2.306 Cybercrime

1. A person who uses, accesses or tampers with a computer system without the prior authorization of the owner or a lawful order.

2. A person who willfully and maliciously interferes with electronic communication devices without the prior authorization of the owner, or employs the use of an unlawful device to do so.

3. A person who authors and distributes malicious computer code used to access, modify, destroy, or disable a computer system without the owner’s consent.

2.306 is a felony punishable by a maximum sentence of 24 months and a maximum fine of $6,000. 

3.101 Littering

1. A person who intentionally disposes of waste in a disobedient manner.

3.101 is an infraction punishable by a maximum fine of $500.

3.102 Loitering

1. A person who intentionally stands or idly waits without apparent purpose outside of a private property or government facility.

3.102 is an infraction punishable by a maximum fine of $500.

3.103 Harassment

1. A person who applies unwanted or aggressive pressure or intimidation on another person on a regular basis.

2. A person who is guilty of this offence more than two times against the same victim shall receive a restraining order.

3. Further harassment may result in a felony offence pursuant of 3.301 Stalking.

3.103 is an infraction punishable by a maximum fine of $1,000.

3.104 Failure to Comply with a Lawful Order

1. A person who willfully refuses or fails to comply with a lawful order, signal or direction of any peace officer.

3.104 is an infraction punishable by a maximum fine of $1,500.

3.105 Jaywalking

1. A person who crosses a public road in an unsafe manner or at an unmarked area.

3.105 is an infraction punishable by a maximum fine of $250.

3.201 Disturbing the Peace

1. A person who engages in any form of unruly public behaviour, such as fighting or causing excessive noise.

3.201 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,000.

3.202 Unlawful Obstruction

1. A person who refuses to leave the scene of a crime, investigation, or public area wherein their presence could hinder peace officer operations, obstruct emergency responders, or otherwise pose a danger to the public.

2. A person who willfully engages in any unlawful conduct which obstructs peace officers or emergency responders in their line of duty.

3.202 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $2,500.

3.203 Indecent Exposure

1. A person who willfully exposes their naked body or genitals to another person who would be offended or annoyed by such acts.

3.203 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $2,500.

3.204 Public Intoxication

1. A person who is, or appears to be, intoxicated in a public space wherein such a person has no control over themselves or could present a threat to others.

3.204 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,000.

3.301 Stalking

1. A person who follows, harasses or threatens another person to the point where such other fears for his or her safety and wellbeing.

2. A person who violates a valid restraining order issued by a court.

3.301 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $2,000.

3.302 Prostitution

1. A person who knowingly engages in or offers to engage in a sexual act in exchange for payment or other goods and services.

3.302 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,000.

3.303 Pandering

1. A person who solicits or advertises, aids or provides transportation for or supervises persons involved in 3.302 Prostitution and retains some or all of the profits earned.

3.303 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $2,000.

3.304 Incitement to Riot

1. A person whose actions deliberately and intentionally agitates a group of three or more persons to behave in a turbulent and violent matter in which the peace is breached. 

3.304 is a felony punishable by a maximum sentence of 15 months and a maximum  fine of $5,000.

3.305 Vigilantism

1. A person who takes the law into their own hands by trying and or punishing another person without any legal authority. 

2. A citizen’s arrest shall not count as 3.305 Vigilantism.

3. Any offences committed in the pursuit of vigilantism may be stacked with this offence, for example, 1.203 Battery.  

3.305 is a felony punishable by a maximum sentence of 18 months and a maximum  fine of $4,000. 

4.101 Violating a Health Order

1. A person who violates a lawful health order within the State of San Andreas. For example, smoking indoors.

4.101 is an infraction punishable by a maximum fine of $500.

4.102 Possession of Drug Paraphernalia

1. A person who willingly possesses a device or mechanism used exclusively for the processing or consumption of a controlled substance.

2. 4.102 may be stacked with itself for each paraphernalia in possession of such a person.

4.102 is an infraction punishable by a maximum fine of $250.

4.103 Possession of an Open Container

1. A person who possesses a visible and open container of alcohol in a public place or in a motor vehicle.

2. If the open container is visible in a motor vehicle, the person may be subject to one vehicular warning pursuant of 9.10 Weapons and Vehicle Violations. 

4.103 is an infraction punishable by a maximum fine of $500.

4.201 Possession of a Controlled Substance

1. A person who is in possession of a controlled substance in excess of 15 units on their person or less than 250 units on or in their private property, unless such substance has been lawfully prescribed to them by a licensed practitioner of medicine or is otherwise legally available without a prescription.

4.201 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $500.

4.202 Under the Influence of a Controlled Substance

1. A person who uses or is under the influence of a controlled or dangerous substance without the proper permits or prescriptions to use such a substance.

2. A person who uses or is under the influence of alcohol while operating a motor vehicle. See also 9.10 Weapons and Vehicle Violations.

3. If such a person is operating a motor vehicle at the time of the offence, they may be subject to one vehicular warning pursuant of 9.10 Weapons and Vehicle Violations. 

4. This offence cannot be stacked with 3.204 Public Intoxication if such a person is operating a motor vehicle at the time of the offence.

4.202 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $1,000.

4.203 Possession of an Unregistered Firearm

1. A person who possesses a firearm of any class that is not registered with the State of San Andreas.

4.203 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $2,000.

4.204 Brandishing a Weapon

1. A person who unlawfully displays an unholstered weapon in public, in part or in whole, with the purpose to intimidate or threaten a person.

4.204 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $1,500.

4.301 Sale of a Controlled Substance

1. A person who sells, or offers to sell, a controlled substance to another person regardless of whether or not they possess that controlled substance.

4.301 is a felony punishable by a maximum sentence of 15 months and a maximum  fine of $1,000.

4.302 Manufacturing a Controlled Substance

1. A person who, except otherwise lawfully authorized to do so, manufactures, compounds, converts, produces or prepares, either directly or indirectly by chemical or natural extraction, any controlled substance.

4.302 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $1,500.

4.303 Drug Trafficking

1. A person who unlawfully transports, manufactures, distributes or sells in excess of 100 units of any controlled substance(s) from person or property to another.

2. A person who opens, manages, or maintains a property for the purpose of storing, refining, manufacturing, or distributing controlled substances unlawfully.

4.303 is a felony punishable by a maximum sentence of 30 months and a maximum  fine of $3,000.

4.304 Criminal Possession of a Weapon

1. A person who, without licence, is in the unlawful possession of a Class One weapon.

2. A person who, without licence, is in the unlawful possession of a Class Two weapon.

3. A person who, without licence, is in the unlawful possession of a Class Three weapon.

4. A person who, without licence, is in the unlawful possession of a Class Four weapon.

4.304 is a felony punishable by a maximum sentence of 36 months and a maximum  fine of $7,500.

Note

Each definition of 4.304 Criminal Possession of a Weapon is more severe than the previous definition. As such, the sentence should be scaled depending on which definition is used.

4.305 Arms Trafficking

1. A person who unlawfully transports, distributes or sells unregistered weapons of any class from one person or property to another.

2. A person who unlawfully manufactures, produces or prepares, either directly or indirectly a weapon which is not registered with the State of San Andreas.

3. A person who opens, manages, or maintains a property for the purpose of storing, manufacturing, or distributing weapons unlawfully.

4. A person who, without license, is in possession of components such as rifle bodies, firing pins, firing mechanisms, or detonation devices typically used in the production of regulated firearms or explosives of any class. 

4.305 is a felony punishable by a maximum sentence of 36 months and a maximum  fine of $5,000.

4.306 Terrorism

1. A person who uses unlawful violence against persons or property with the objective to intimidate or coerce a government, or any segment thereof, to comply with political demands.

2. A person who intentionally commits any criminal act in furtherance of a terrorist organization’s criminal objectives.

3. This charge shall only be issued at the order of the Governor, Supreme Court or by majority vote of the Senate of San Andreas.

4.306 is a felony wherein the offender shall be held pending trial. 

5.201 False Information to a Public Official

1. A person who willfully provides false or inaccurate information to a public official with the purpose to impede an investigation or other lawful inquiry.

5.201 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,000.

5.202 Failure to Pay a Fine

1. A person who fails to pay a fine or court ordered fee within a clearly stated and allotted time period.

2. A standard payment period shall be seven (7) days unless otherwise stated by the issuer.

3. A person may be absolved of this offence if they agree to pay the outstanding fines at the time they are arrested.

5.202 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,000.

5.203 Failure to Identify to a Peace Officer

1. A person who, while being detained or arrested by a peace officer, fails to provide their name as it appears on a government issued identification card.

5.203 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,000.

5.204 Contempt of Court

1. A person who is being rude or disrespectful to the judge or other attorneys or otherwise causing a disturbance in the courtroom, particularly after being warned by the judge.

2. A person who willfully fails to obey an order of the court.

5.204 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum fine of $10,000.

Note

While the Court has full authority over imposing sanctions (fines and jail time) on a person who is in contempt of court, these sanctions should be reasonable and proportionate to the offence committed in the courtroom.

5.205 Violation of a Court Order

1. A person who ignores or violates a subpoena order issued by a Court.

2. A person who ignores or violates a request by a Court to be present at a hearing.

3. A person who ignores or disobeys an official document issuing orders or actions by a Court.

4. A person who fails to respond to a lawful summons issued by a Court or Senate procedure within a reasonable timeframe.

5. A person who fails to respond to a lawful audit proceeding initiated by the State.

6. A person in violation of a court injunction or other government operation.

5.205 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $10,000.

5.206 Filing a False Complaint

1. A person who knowingly files a false complaint, statement or document regarding the conduct, job performance or behaviour of a public official for the purpose of initiating false administrative action against that individual.

5.206 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,500.

5.207 Resisting a Peace Officer

1. A person who avoids apprehension from a peace officer by non-vehicular means or resists apprehension by any physical means.

2. This charge does not include the attempt to flee or elude by vehicular means, which is covered under 8.301 Evading a Peace Officer. 

5.207 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $2,250.

5.301 Bribery

1. A public official who receives a good or service of value in exchange for influence over said public official’s actions in any official capacity.

2. A person who solicits a public official with an offer of a good or service of value in exchange for influence over their actions in any official capacity.

5.301 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,000.

5.302 Animal Abuse or Cruelty

1. A person who intentionally maims, mutilates or tortures a living animal.

2. A person whose neglect maims, mutilates, tortures, wounds or kills a living animal.

3. A person who intentionally wounds or kills a living animal without proper licensing or authorization.

5.302 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,000.

5.303 Dissuading a Witness or Victim

1. 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, extortion, threats or other such tactics.

2. A person who prevents the distribution, completion, answering or due process of an affidavit or other legal statement.

5.303 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,250.

5.304 Perjury

1. A person who knowingly provides false or inaccurate information while sworn under oath by a public official.

2. A person who knowingly provides false or inaccurate information as part of an affidavit, testimony, court-ordered deposition or document with a statement signifying its authenticity under penalty of perjury.

3. This offence cannot be stacked with 5.201 False Information to a Public Official. 

5.304 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,250.

5.305 Violation of Parole or Probation

1. A person who willfully violates the terms of a probation or parole agreement.

5.305 is a felony punishable by a maximum sentence of 24 months and a maximum fine of $5,000.

Note

In addition to the maximum punishment issued by 5.305 Violation of Parole or Probation, a person guilty of this crime may also be sentenced for the remainder of the time from the charges with which they were granted parole or probation.

5.306 Escape

1. A person who departs from lawful custody with the intent of avoiding confinement of the administration of justice.

2. A person who is arrested, booked, charged or convicted of any crime who thereafter escapes from a county or city jail, state prison, community service or other custody of a peace officer.

5.306 is a felony punishable by a maximum sentence of 18 months and a maximum  fine of $1,750.

5.307 Introduction of Contraband

1. A person who provides contraband to an inmate of a state correctional facility or attempts to enter such a facility with the intent to illegally transport contraband therein.

5.307 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $2,500.

5.308 Voter Fraud

1. A person who dissuades or influences official voting outcomes through illicit, illegal or otherwise unethical manners.

5.308 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $2,250. 

6.201 Legal Practice Violation

1. 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.

2. A person who practises law outside of the scope of their certification or licence issued by the Law Courts of San Andreas.

3. A member of the Law Courts of San Andreas who violates any regulation of the Law Courts of San Andreas, including but not limited to attorney-client privilege.

6.201 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $1,250.

6.202 Organization Licence Violation

1. A person who unlawfully operates a business, charity or organization without proper licence from the State of San Andreas. 

2. A person who fails to pay a fine or bill issued by the State of San Andreas regarding their licensed organization within a reasonable timeframe.

3. A person who fails to follow the terms of their organization’s licence.

4. A person who unlawfully operates an organization at a property in which they do not rent, lease, own or are otherwise authorized to use.

5. This offence cannot be stacked with 5.202 Failure to Pay a Fine.

6.202 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $5,000.

6.301 Money Laundering

1. A person who possesses, hides, transfers, receives or maintains the storage of funds earned through comprehensive criminal activities.

2. A person who intends to transfer, hide, cycle or deceive funds collected through comprehensive criminal activities.

3. A person who maintains an establishment for the purpose to launder funds collected through comprehensive criminal activities.

6.301 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $3,250.

6.302 Racketeering

1. A person who affiliates or associates with a criminal organization, as prescribed by local, state or federal law enforcement entities or legislative structures, with the evidence of the individual’s attempt to commit extortion, bribery, murder or other criminal activities while affiliated with said criminal organization.

2. A person who, typically in a position of authority in a criminal organization, orders another individual of that same criminal organization to commit a crime.

3. This charge shall only be issued at the order of the Governor, Chief Justice or by majority vote of the Senate of San Andreas.

6.302 is a felony wherein the offender is held pending trial.

6.303 Tax Evasion

1. A person who fails to pay an appropriate fee or tax levied against either themselves or an organization or entity to which they are an executive.

2. This charge cannot be stacked with 5.202 Failure to Pay a Fine.

6.303 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $2,500.

6.304 Gambling Licence Violation

1. A person who violates the terms of their gambling or gaming licence.

2. A person who unlawfully operates a gambling or gaming business without proper licensing.

3. A person who intentionally operates rigged or unfair games of chance.

4. A person who operates any game of chance for profit without proper permits, licences or authorizations.

6.304 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,750.

6.305 Medical Practice Violation

1. A person who identifies themselves as possessing a license to practice medicine verbally or through implication, or practices medicine, but does not possess a valid license issued by the San Andreas Department of Health. 

2. 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.

6.305 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $3,500.

6.306 Wiretapping Violation

1. A person who unlawfully conducts surveillance or wiretapping in violation of the two party consent policy, as issued in 9.09 Wiretapping, CCTV and Videotaping Policy, without a lawful warrant or authorization.

6.306 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,250.

6.307 Counterfeit Currency

1. A person who manufactures, produces, or is in possession of a false coin or false paper money that resembles or is apparently intended to resemble or pass for a current coin or current paper money.

6.307 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $5,000.

7.201 Fraud

1. A person who intentionally uses deceit, a trick or some other dishonest means to deprive another individual of his or her money, property or legal right.

7.201 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $500.

7.202 Identity Theft

1. A person who unlawfully acts, behaves or represents themselves as another person for the purpose of committing a crime or misleading a peace officer.

7.202 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $1,500.

7.203 Identity Theft of a Public Official

1. A person who unlawfully acts, behaves or represents themselves as a public official for the purpose of misleading the public or to take advantage of another individual or organisation.

7.203 is a misdemeanour punishable by a maximum sentence of 12 months and a maximum  fine of $2,500.

7.301 Extortion

1. A person who obtains money or property by threat to a victim’s property or loved ones, intimidation or a false claim of a right.

2. A person who uses their power or authority with demonstrated malice aforethought in order to compel action by another.

3. A person who utilizes privileged information to intimidate another for certain properties or services.

7.301 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $2,000.

7.302 Falsification of Books and Documents

1. A person who destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document.

2. A person who omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.

3. A person who knowingly alters, creates or uses a written document with the intent to defraud or deceive another.

4. A person who knowingly signs a document or agreement, electronic or otherwise, without the consent or authority of whom they are signing for.

7.302 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $5,000.

7.303 Predatory Lending

1. A person who issues, or attempts to issue a predatory loan or financial agreement where fraud or deceit is used to trick another into a financial agreement.

2. This offense cannot be stacked with 7.201 Fraud.

7.303 is a felony punishable by a maximum sentence of 16 months and a maximum  fine of $3,500.

8.01 Limitations

1. All Vehicular Offences under Title 8 shall only be charged once for each vehicle a person uses or affects for each road law incident that takes place.

2. Peace officers reserve the right to inspect the exterior of a vehicle as well as verify all paperwork, licences, registrations and other relevant documents during a traffic stop without securing a search warrant. A full or interior inspection of a vehicle is only permitted with a valid court order or appropriate probable cause as defined in Title 9.

3. A peace officer may only demand the driver of a vehicle identify themselves when performing a traffic stop or other vehicle checkpoint operations unless any passenger of said vehicle falls under reasonable suspicion to be identified, such as matching an APB description.

Example

If a peace officer requests a driver to pull over and the incident evolves into a pursuit, it is considered part of the same road law incident since it is a single, uninterrupted engagement. If the driver of the vehicle escapes or the pursuit is otherwise cancelled, such single road law incident is considered concluded. By this process, if a pursuit ends and the suspect is rediscovered shortly thereafter, new charges may be issued if another road law incident ensues.

8.101 Speeding Violation

1. A person operating a motor vehicle who exceeds speeds of 65 MPH on any locally maintained roads; e.g. any city or municipal county roads, etc.

2. A person operating a motor vehicle who exceeds speeds of 100 MPH on any state maintained roads; e.g. highways, freeways, etc.

3. A person operating a motor vehicle who fails to show a use of fair judgement in their speed when driving in poor conditions; e.g. poor weather, unpaved or otherwise damaged roads, etc.

8.101 is an infraction punishable by a maximum fine of $2,500.

8.102 Failure to Abide by a Traffic Control Device

1. A person operating a motor vehicle who fails to follow the instructions of a traffic control device, including:

   1. Failing to come to a reasonable stop at “Stop Lines” designed by a single white or yellow line at the edge of an intersection or other signage. In such cases where a “Stop Line” is not obvious, drivers should consider crosswalks, marked or unmarked, as the “Stop Line.” A reasonable stop may be defined as either a driver slowing down to check for traffic or coming to a complete stop before proceeding. Drivers shall come to a full stop on high traffic roads where it could be dangerous to not come to a complete stop.

   2. Crossing a double yellow line.

   3. Ignoring clearly visible signage, whether permanent or temporary, used to direct or control traffic in any way.

8.102 is an infraction punishable by a maximum fine of $2,500.

8.103 Yield Violation

1. A person operating a motor vehicle who fails to yield, giving right of way, at an intersection that has other vehicles passing or waiting to turn.

2. A person operating a motor vehicle who fails to yield to pedestrians or cyclists at designated areas.

3. A person operating a motor vehicle who fails to yield to emergency vehicles using lights and or sirens requiring clearance.

8.103 is an infraction punishable by a maximum fine of $1,000.

8.104 Parking Violation

1. A person who parks in a non-designated area, such as a fire lane, in an intersection, along any red curb, etc.

8.104 is an infraction punishable by a maximum fine of $1,000.

8.105 Reckless Driving

1. A person who demonstrates careless or general disregard for the safety of themselves or others while operating a vehicle; e.g. driving on a sidewalk, changing lanes in a frequent and unsafe manner, demonstrating poor control of the vehicle, etc. 

2. Reckless Driving is applicable when there are few or no pedestrians or other motorists around, but if they had been, would have been put in danger.

3. If a person who drives recklessly is doing so near pedestrians or other motorists, 8.201 Vehicular Endangerment applies and cannot be stacked with 8.105.

8.105 is an infraction punishable by a maximum fine of $2,000.

8.106 Vehicular Noise Violation

1. A person whose vehicle emits excessive noise that has become a nuisance to the general public.

8.106 is an infraction punishable by a maximum fine of $500.

8.107 Registration Violation

1. A person operating a motor vehicle on any road without an official owner’s registration or lease registration on file or in hand.

2. A person operating a motor vehicle without a valid licence plate affixed to the rear of the vehicle or with a licence plate which is obstructed from plain sight. 

8.107 is an infraction punishable by a maximum fine of $1,500.

8.108 Unsafe Usage of a Bicycle

1. A person who unsafely uses a bicycle or other non-motorized vehicle that obstructs traffic, creates a hazard or demonstrates the potential of harm to the person or others.

8.108 is an infraction punishable by a maximum fine of $500.

8.201 Street Racing

1. A person who performs an unlicensed or unauthorized vehicle race, performance or competition on municipal, state or federal property.

2. A person who assists in organizing, facilitating or promoting a street race as defined in 8.202(1).

8.201 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,500.

8.202 Driving without a Valid Licence

1. A person operating a motor vehicle who fails to carry a valid driver’s licence.

2. A person who fails to produce a valid driver’s licence to a peace officer during a traffic stop.

8.202 is a misdemeanour punishable by a maximum sentence of 6 months and a maximum  fine of $1,000.

8.301 Evading a Peace Officer

1. A person operating a land, sea or air vehicle willfully flees or otherwise attempts to elude or avoid a pursuing peace officer who communicates visually or audibly their request to pull over and or stop.

2. This offence does not include the attempt to flee and elude by foot, which is 5.207 Resisting a Peace Officer. 

8.301 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $2,000.

8.302 Hit and Run

1. A person who, while operating a vehicle,  causes damage to property and leaves the scene of the accident.

2. A person who, while operating a vehicle, injures another person and leaves the scene of the accident.

8.302 is a felony punishable by a maximum sentence of 12 months and a maximum  fine of $1,000.

Note

Each definition of 8.302 Hit and Run is more severe than the previous. If there is damage to property, the sentence may be less than 12 months and be considered a misdemeanour.

8.303 Failure to Adhere to Flight Protocols

1. A person operating an aircraft who fails to respond to identification requests from nearby aircraft or air traffic control.

2. A person who demonstrates careless or general disregard for the safety of themselves or others while operating an aircraft.

3. A person operating an aircraft who performs dangerous manoeuvres while over a populated area or while flying close to another aircraft.

4. A person operating an aircraft who fails to give appropriate clearance to another aircraft in operation.

5. A person who fails to follow the proper flight protocols as detailed in the State Aviation Act.

8.303 is a felony punishable by a maximum sentence of 24 months and a maximum  fine of $1,500. 

9.01 Mistake of Fact

1. A person who commits an offence but claims, and can provide evidence, that they misunderstood some fact that negates an element of the crime. 

2. 9.01 Mistake of Fact only negates charges that require mens rea (willful intention, knowing or understanding that they are committing a crime: see 9.02).

3. In other circumstances, 9.01 may reduce the punishment for the given offence at the discretion of the arresting peace officer or judicial authority.

Note

An individual who commits Burglary, but believes that the property they took was rightfully theirs; this misunderstanding negates any intent to deprive another of said property.

9.02 Mistake of Law

1. A person who commits an offence but claims, and can provide evidence, that they acted on the honestly held belief that they were not violating this Code or did not understand that an offence was committed. 

2. 9.02 Mistake of Law only negates charges that require mens rea (willful intention, knowing or understanding that they are committing a crime: see 9.02).

3. In other circumstances, 9.02 may reduce the punishment for the given offence at the discretion of the arresting peace officer or judicial authority.

9.03 Mens Rea

1. Refers to criminal intent, from the Latin "guilty mind." 

2. A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime. The prosecution typically must prove beyond reasonable doubt that the defendant committed the offence with a culpable state of mind. 

3. Culpable states of mind include: acting purposely, acting knowingly, acting recklessly or acting negligently.

4. An act committed by a person who is involuntarily intoxicated does not have a guilty mind if such a state impaired reasonable judgement.

9.04 Actus Reus

1. Refers to criminal intent, from the Latin “guilty act.”  

2. Voluntary acts or omission of act(s) paired with a culpable Mens Rea must typically be proven beyond reasonable doubt for criminal liability. 

Movements made in an epileptic seizure or during a muscle spasm are not guilty acts, even if they result in the death of another person. 

9.05 Self Defence and the Castle Doctrine

1. The use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe they are in imminent danger and do not continue the attack or use excessive force, shall be absolved of criminal liability pursuant of Title 1. 

2. Should any of those criteria not be met, charges may be reduced up to half of the minimum sentence which are pursuant to Title 1 at the discretion of the peace officer or judicial authority.

3. These defence parameters are also applied in situations where a person is protecting their property from imminent danger or other property crimes pursuant of Title 2.

4. This defence shall be inapplicable in cases of gang-on-gang violence, or in such cases that the claimant willingly entered into a violent situation or other involvement in criminal activity at the time of the offence.

9.06 Necessity

1. A person shall be absolved of a committed offence if the following conditions are met: 1) the offence was committed out of necessity to protect themselves or others from significant bodily harm or duress, 2) has no other adequate legal alternative, 3) did not create a greater danger or threat through their actions and 4) held a reasonable belief that their action was necessary to prevent further harm.

2. This defence shall be inapplicable in cases of gang-on-gang violence, or in such cases that the claimant willingly entered into a violent situation or other involvement in criminal activity at the time of the offence.

9.07 Entrapment

1. A person who would not have otherwise committed an offence if not for the harassment, threat(s) or coercion to do so by peace officers shall not be guilty of the offence that they were coerced to commit.

9.08 Duress

1. A person who commits an offence against their will or contrary to their wishes (because they were coerced by the use of force, false imprisonment or other threats by another party) shall not be guilty of committing said offence.

2. A contract or agreement which is signed by one or more parties against their will or contrary to their wishes (because they were coerced by the use of force, false imprisonment or other threats by another party) shall be considered null and void by the court.

9.09 Parole Exclusions

1. A person who is guilty of 1.301 Kidnapping, 1.303 Murder, 4.306 Terrorism, 5.307 Violation of Parole or Probation or 6.302 Racketeering shall not be allowed parole for any reason.

9.10 Wiretapping, CCTV and Videotaping Policy

1. The State of San Andreas shall have a two-party consent policy for wiretapping without appropriate surveillance warrants or other authorizations.

2. A person who is found in violation of said policy shall be charged with 6.307 Wiretapping Violation.

3. Public Officials may be recorded by civilians at all times when conducting their duties in an official capacity.

4. Peace Officers may record their environment while on duty without the consent of present parties if so required by internal protocols.

5. This policy is to protect “confidential communications,” that is to say conversations in which one of the parties has an objectively reasonable expectation that no one is listening in on or overhearing the conversation.

9.11 Probable Cause and Plain View Policy

1. Peace officers have the authority to seize and record evidence upon any event that is in their plain view so long as they have legal reason to be where they are located at the time.

2. A person who consents to a peace officer  to view or access a facility, equipment or other areas subsequently consents to such peace officer acquiring evidence that is in plain view or with probable cause.

3. While executing a search warrant, peace officers have the authority to seize evidence not described in said warrant if the evidence is in plain view and the officer has probable cause to believe that such evidence is connected with criminal activities.

4. The merits of a probable cause or plain view search can be contested in a court of law.

9.12 Exclusionary Rule

1. The Exclusionary Rule prevents evidence from being collected or analyzed in violation of the accused's constitutional rights from being used in a court of law. This rule is intended to protect citizens from illegal search and seizures.

9.13 Double Jeopardy Policy

1. Double jeopardy prevents an accused person from being tried again on the same (or similar) charges following an acquittal in the same jurisdiction. Double Jeopardy does not apply if the Court was bribed to reach an acquittal.

9.14 Holding Period

1. A person shall be held for a period no longer than sixty (60) minutes during an arrest without an arraignment hearing. For every five (5) minutes held after fifteen (15) minutes of a holding has elapsed, such a person shall be entitled to a reduction of one month from their sentence as time served. 

2. An arraignment hearing does not contribute to the holding period. A person who is held awaiting an arraignment hearing shall not be a victim of 1.205 Unlawful Imprisonment and may not seek damages against any law enforcement agency or the State. 

3. Time spent consulting legal representation requested by the accused does not contribute to the holding period.

9.15 Statute of Limitations

1. Prosecution of any crime described in this Criminal Code must be commenced within fourteen (14) days of discovery of the offence, unless otherwise stated by this Code. 

2. Prosecution shall constitute any action by a local, state or federal government in response to an offence. This includes, but is not limited to, search warrants, court orders and filing a criminal case with the Court. 

3. Heinous crimes--including, but not limited to murder, racketeering, incitement to riot, and terrorism--shall be exempt from the Statute of Limitations. Heinous crimes shall be defined at the discretion of the Court.

10.01 Exceptions

1. Criminal Code entries may be modified by sentencing enhancements within Title 10. 

2. A Criminal Code entry which specifies that it cannot be modified by this Title is exempt from such modifications. 

3. Charges are also exempt from Title 10 modifications if it is explicitly stated in the charge description.

10.02 Attempt

1. 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 offence was committed.

10.03 Conspiracy

1. If two or more persons conspire to commit any crime, they shall be punished by the same punishment as if the offence was committed. Mens rea applies.

10.04 Soliciting

1. A person who solicits for the commission or perpetration of any crime shall be punished by the same punishment as if the offence was committed.

10.05 Criminal Accomplice Clause

1. Also known as aiding and abetting. 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 of the punishment allotted to the person who attempted or succeeded in criminal acts.

10.06 Accessory After the Fact

1. A person who knowingly and willingly helps another person who had successfully committed a criminal act shall receive half of the punishment issued to the person who committed the criminal act(s). E.g. fugitive harbouring, helping tamper with evidence, withholding information, assisting the person elude or avoid police custody. 

10.07 Gang Enhancement Clause

1. A person who is actively furthering a gang’s criminal objectives in the commission of a crime shall receive the maximum penalty for that particular offence.

• At the pleasure of the State Senate or the Supreme Court, amendments, additions and revisions to this Criminal Code may be made at any time with respect to the legislative process of such authorities.

• The Chief Justice may also review the Criminal Code and make proposed changes to ensure its effectiveness and to maintain appropriate language for legal interpretation. Major changes should be consulted upon with the State Senate.

• General policy and procedure changes will be made in Title 9 Code Policy. All other changes shall be made within relevant Titles.

• Any and all changes to this Code shall be dated and acknowledged in Title 11 Amendments.

4 April 2022:

• 4.201 Possession of a Controlled Substance amended by SB-19 An Act to Entrust and Empower Citizens to increase unit counts.

2 August 2022

• 8.101 Speeding Violation amended by SB-22 The Reasonable Traffic Act to increase municipal speed limits by 15 MPH and highway speed limits by 10 MPH. 

28 June 2023:

• 4.306 Terrorism amended by SB-33 San Andreas Accountability Act to add a second definition and replaces the Chief Justice with the Supreme Court as issuer of this offence.

• 5.205 Subpoena Violation and Failure to Appear is renamed to 5.205 Violation of a Court Order by SB-33.The offence will now have a maximum sentence of 12 months and a maximum fine of $10,000.

• 6.201 Legal Practice Violation amended by SB-33 to include two new definitions.

• 9.14 Holding Period amended by SB-33 with a new policy.

• 9.15 Time Limitations amended by SB-33 to be renamed 9.15 Statute of Limitations with a new policy. 

1 July 2024:

• 6.305 Medical Practice Violation amended by SB-38 to change the wording of definition one from receiving proper training to receiving a license to practice medicine from the Department of Health. 

13 July 2024

• 4.305 Arms Trafficking amended by SB-41 to include a new definition for possession of weapons components without a license.