San Andreas Penal Code
Written by ThatGuy
Some portions are IC, some portions are OOC. Use your brain to decipher, context is key.
Firearm Act & Definitions
All firearm related laws adhere to a further definition as per the San Andreas State Firearm Act. All descriptions of the laws below are not the final legal definition. If there is a definition dispute, consult the courts.
Serious felonious offenses marked with a star (*) to the left of the offense means the charge may only be pressed if the person killed is CKd. When a hashtag is used (#), that means the offense is against a peace officer and thus the crime's maximum punishment may increase by 0.5x.
Misdemeanors Transitioning Into Felonies
Two (2) misdemeanor counts with a minimum of two (2) hours each, is a felony. Once the charges turn into felonies, the time and punishment may increase by 0.5x.
Three (3) misdemeanor counts with a minimum of one (1) hour is a felony. Once those charges turn into felonies, the time and punishment may increase by 0.5x.
In cases where a misdemeanor is charged which has no minimum sentence (0), the time charged may count towards that minimum. So if someone, for example, was charged with three counts of Reckless Driving and each charge the officer wanted to press was 4 hours. 4 hours is higher than 2 hours so a felony may be pressed because two of them are over 2 hours.
Charge Stacking & Fines
Charges may be stacked. If someone had two weapons on them, they may be charged with WF002 twice. It is important to note that officers are not obligated to press all charges or sentence the maximum time or fine. The same applies to fines or tickets with the phrase "Up To" in front of it, meaning the amount of money listed is the maximum. There is no minimum.
To clarify ammunition possession, WF009 & WF002; ammunition may be charged by stacking it with ammunition in groups that are enough to be considered viable in an ammunition magazine. If someone has 20 bullets on them, they may not be charged with twenty (20) counts of possession, but they may be charged with two (2) counts of possession, as it is reasonable to consider twenty (20) bullets enough to fill two (2) pistol magazines. The ammunition charge count must also be in proportion to the capacity of the weapon and magazine under consideration.
Maximum Time & Fine
The maximum time that may be pressed is 14 days unless in the case of murder or attempted murder. There is no maximum fine. The script auto-limits it at 100k but if there is a criminal who has committed a particularly egregious offence and you need to press the full fine which is over 100k, speak to a UAT member who may /loginto their account and wire transfer the money to the Los Santos County Sheriff's Department.
An attempted crime is one that wasn’t finished, which failed to achieve completion for one of two reasons:
The defendant did everything she set out to do, but failed. For example, she decides to shoot the victim, buys the gun, follows the victim, shoots, but misses. This is known as a “complete attempt,” or
The defendant does some of the acts needed to finish the crime, but is prevented from succeeding or decides to quit. For instance, the defendant takes the steps noted above but changes her mind at the last minute, or is prevented from continuing by the intervention of a police officer. This is known as an “incomplete” attempt.
People must take a concrete, substantial step towards furthering their intent to break the law before they will be guilty of an attempt. This is an act of perpetration, not mere preparation. So, for example, purchasing the weapon, without more, won’t expose the actor to attempted murder, but aiming it towards the victim and firing will.
A person can be convicted of attempting to commit only certain crimes—those that require “specific intent.” Specific intent describes the defendant’s state of mind, which is to achieve the result that the criminal statute prohibits. Specific intent crimes differ from general intent crimes, which require only the intent to complete the physical act. For example:
Murder is a specific intent crime because it requires the prosecutor to show that the defendant intended the victim to die.
Battery is a general intent crime, because it requires only that the prosecution prove that the defendant intentionally hit the victim, not that he wanted to cause specific injury or harm.
When charging for attempted crimes, you may punish up to half of the maximum punishment allowed if it was not an attempt. Penal code classifications remain the same. If someone attempts a misdemeanor, it is still a misdemeanor, and if someone attempts a felony, it is still a felony.
Unpaid Citations (Tickets)
With the advent of a new method to give tickets to players, whether to their characters directly or on their vehicle and players needing to go to the Los Santos Police Department Headquarters to pay their outstanding tickets, an enforcement mechanism must be applied. The following process has been created for players to follow and law enforcement to adhere.
All citations must be paid within 14 days. Failure to do so will result in the following;
1 Failure To Pay = No Suspension + VC052 (Not Required)
2 Failures To Pay = 4 Hour Suspension + VC052 (Not Required)
3 Failures To Pay = 12 Hour Suspension + VC052 (Not Required)
4 Failures To Pay = 24 Hour Suspension + VC052 (Required)
Failure to pay a non-traffic related citation within 14 days shall result in a charge of MO041 (Contempt of Court).
License Suspension & Revocation
Any officer may make a reasonable determination if someone's license should be suspended or revoked depending on the severity of the crime or infraction, provided the crime or infraction is related to the usage of a motor vehicle. Some of the penal codes have mandatory minimums or maximums regarding these punishments so keep that in mind as well.
When issuing a suspension or revocation as an officer, remember that suspensions are for hours played in-game, not hours as a whole. So suspension for 48 hours may on the surface not seem like much if you take it as overall time but if you take it as time require in-game, it's a very substantial suspension. Additionally, a revocation allows someone to go re-apply for their license, so in most cases, a suspension is your best bet unless a note is made on their MDC after a revocation giving a date at which they may re-apply for their license at the DMV. Thus, them being caught driving with a license before that allotted time period means they are driving on a fraudulent license.
Remember this is an RP server, the crimes and times are to deter crime, not ruining RP experience! You don't have to press maximum times or fines!
CLICK HERE FOR A HOTLINK TO THE PENAL CODE CRIME SHEET