S.A Penal Code uTopiaRP

	A	B	C	D	E	F
1		State of San Andreas Penal Code
2		Fines - Use The F6 Menu, Use all the Apply
3		Maximum Sentence: 120 Months (Minutes)
4		Speed Limits - Within City Limites 50kmh, Freeways 120kmh Wearing a mask within city limits means you are required to be search
5		Made for uTopiaRP
6		This is meant to act as a guideline for new officers, leniency is adviced
7		Class	Charge	Maximum Punishment	Definition	Aggravating Circumstances
8			Felony Charges
9
10		1	MURDER	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
11		a	First Degree Murder	25 Months (+5 Months for Aggravated Circumstance)	Directly or indirectly causing the death of a person (not revived by EMS) with pre-meditated intent.	Aggravated circumstances: (i) The victim was an on-duty Officer or a government official.
12		b	Second Degree Murder	20 (+4 Months for Aggravated Circumstance)	Directly or indirectly causing the death of a person (not revived by EMS) that is either unplanned and intentional or caused by wreckless disregard to human life.	Aggravated circumstances: (i) The victim was an on-duty Officer or a government official.
13		c	Attempted Murder	10 Months (+2 Months for Aggravated Circumstance)	When a person intentionally takes steps to kill someone or when they intentionally cause someone to be incapacitated (where they were revived by EMS). In order for this charge to stack it must be proven that the suspect took steps to attempts to kill each and every indidivual that the suspect is being accused of. (i.e. a person can not be charged with attempted murder for every single law enforcement officer on scene, it must be proven that the suspect attempted to take the life of the individual. Proof can be provided in the form of video footage, eye witness accounts (civilian or law enforcement officers), EMS testimony of injuries, footage or photos of EMS care, etc.)	Aggravated circumstances: (i) The victim was an on-duty Officer or a government official.
14		2	VIOLENT CRIMES	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
15		b	Involuntary Manslaughter	10 Months	Unintentionally causing the death of a person without malice aforethought. Results when death occures from an improper use of reasonable care or skill (recklessness or negligence) in commission of a lawful act or when death occures while in the commission of an unlawful act not amounting to a felony.
16		c	Vehicular Manslaughter	10 Months	Causing the death of a person with a vehicle due to the negligence or recklessness of the driver. This section will not apply where: (i) The person operating the motor vehicle reports to the police station to report the incident within a reasonable period of time; and (ii) the act was done without intent.
17		d	Bank Robbery	20 Months	Stealing property from a bank, including removing property from the vault.
18		e	Robbery	10 Months (+2 Months if Aggravated Circumstance)	The taking of money or goods in the possession of another, from his or her immediate person or immediate presence, by force or intimidation. In robbery, there is an immediate threat to the victim.	Aggravated circumstances: (i) The victim was an on-duty Officer or a government official.
19		f	Kidnapping	15 Months (+2 for each Aggravated Circumstance)	Unlawfully seizing and carrying away a person by force or fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time. In the case where multiple hostages are taken at once, only one charge will be presented.	Aggravated circumstances: (i) The victim was an on-duty Officer or a government official. (ii) Using a deadly weapon in the commission of the offence.
20		g	Arson	5 Months	Intentional destruction of property resulting in explosion or fire (bombing the prison door/bank vault, blowing up a vehicle, etc.)
21		h	Criminal Negligence	1 Month	It shall be unlawful for any person to fail to act with the level of care in which a reasonable person would in the same circumstances that results in any sort of physical/property damage. ( A Judge Shall decide whether, based on the circumstances and extent of damage caused, the charge be upgraded from a misdemeanor to a felony.)
22		3	FIREARMS/EXPLOSIVES	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
23		a	Weapons Stockpiling	6 Months (+1 if Aggravated Circumstance)	Possession of 5 or more Class 2 or Class 1 (without a firearms license) Firearms.	Aggravated circumstances: (i) by a Convicted Felon
24		b	Weapons Caching	5 Months (+1 if Aggravated Circumstance)	Possession of up to 4 Class 2 or Class 1 (without a firearms license) Firearms.	Aggravated circumstances: (i) by a Convicted Felon
25		c	Weapons Distribution	10 Months	Sale or exchange of weapons without a license, or the sale or exchange of illegal weapons
26		d	Weapons Trafficking	20 Months (+2 if Aggravated Circumstance)	The transportation of 5 or more Class 2 or Class 1 (without a firearms license) Firearms.	Aggravated circumstances: (i) by a Convicted Felon
27		e	Possession of Explosives	15 Months (+2 if Aggravated Circumstance)	Possession of an explosive device (including flash and incendiary devices)	Aggravated circumstances: (i) by a Convicted Felon
28		f	Possession of a Class 2 Firearm	15 Months (+1 if Aggravated Circumstance)	Possession of a Class 2 Firearm - AUTOMATIC	Aggravated circumstances: (i) by a Convicted Felon
29		g	Possession of a Class 1 Firearm	10 Months (+1 if Aggravated Circumstance)	Possession of a Class 1 Firearm without a license or by a convicted felon (even with a license).	Aggravated circumstances: (i) by a Convicted Felon
30		h	Unlawful Discharge of a Firearm	5 Months	Discharging a firearm without a lawful reason. (Does not stack with murder, attempted murder, battery, or any other violent crime where the discharge of a firearm results in harming another individual)
31		4	NARCOTICS	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
32		a	Class 3 Drug Distribution/Trafficking	10 Months (+1 per Aggravated Circumstance)	Possession of 5 or more units of a Class 2 Drug. (All other drugs)	Aggravated circumstances: (i) Every 20 units over the first five units
33		b	Class 2 Drug Distribution/Trafficking	15 Months (+1 per Aggravated Circumstance)	Possession of 20 or more units of a Class 1 Drug. (Weed)	Aggravated circumstances: (i) Every 20 units over the first twenty units
34		5	CORRUPTION	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
35		a	Corruption	30 Months, Immediate removal from position of power.	The act of a Government Official, Fiduciary Person (Lawyer), or Law Enforcement Officer who unlawfully and wrongfully uses their station or character to procure some benefit to themselves or for another person, contrary to duty and the rights of others, including intelligence leaks and abuse of power
36		b	Bribery	10 Months	Persuading someone to commit an illegal act in exchange for a gift, money, service or other item
37		c	Embezzlement	15 Months + Return of stolen property	Fradulent conversion of anothers property by a person who is in a position of trust, such as an employee or government official
38		d	Extortion	15 Months + Return of stolen property	Unlawfully obtaining property (both tangible and intangible) that one is not entitled to at the time of threat, through the use of force or threats. In extortion the victim willingly hands over money, property or other valuables to avoid future violence or damages.
39		e	Money Laundering	10 Months	The process of taking the proceeds of criminal activity and making them appear legal.
40		6	VEHICULAR RELATED	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
41		a	Grand Theft Auto	10 Months	Operation of a motor vehicle without consent of the registered owner with the intent to permanently deprive them of the vehicle. Proof of permission can be shown in evidence by presenting the keys of the vehicle AND vehicle registration or from verification from the owner.
42		a.1	Grand Theft Auto - State Police/EMS/Public Worker	30 Months	Operation of a motor vehicle without consent of the registered owner (The State) with the intent to permanently deprive them of the vehicle. Proof of permission can be shown in evidence by presenting the keys of the vehicle AND vehicle registration or from verification from the owner.
43		b	Violation of a No Fly Zone	30 months	Flying less than one hundred meters over any city within Seaside or flying over a restricted area at any altitude (Department of Corrections)(Gold Reserve)(State Police). Exceptions to this are made by licensed air agencies which may operate and land within city limits in areas which have an area of at least twenty meters by twenty meters which is unobstructed and does not endanger those operating the aircraft or the passengers within. This exception does not allow said air agencies to land in restricted areas such as the Department of Corrections, Sheriff's Office or the Hospital.
44		b.1	Violation of Altitude	30 months	Pilots MUST stay above 50 meters outside of town, 100 meters in town.
45		b.2	Illegal Landing	15 months	Landing anywhere but designated pads/runways is ILLEGAL unless it is a mechanical emergency
46		b.3	Aviation Light Violation		Collision lights are REQUIRED at all times
47		c	Felony Improper Operation of a Motor Vehicle	10 Months	Erratic or excessive speeding (41+ mph over the posted speed). Does not stack with Improper Operation of a Motor Vehicle (Misdemeanor), Felony Evading Arrest, Misdemeanor Evading Arrest, or any other violation in relation to willingly fleeing from law enforcement by vehicle.
48		d	Felony Driving Under the Influence	15 Months	Operating a motor vehicle under the influence of legal or illegal drugs or alcohol after having received two previous DUI convictions.
49		e	Felony Evading Arrest	15 Months	While operating a motor vehicle, intentionally fleeing from a law enforcement officer attempting to arrest or detain them and being forcefully taken into police custody. Does not stack with misdemeanor evading arrest or fleeing and eluding.
50		7	MISC. FELONY	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
51		b	Burglary	5 Months	Unlawfully entering into a dwelling or conveyance and commiting a criminal act while on said property. (Does not stack with Breaking and Entering)
52		c	Escaping Custody	15 Months	Fleeing the lawful custody of a law enforcement officer (detainment, arrest, or confinement)
53		d	Obstruction of Justice	10 Months	Unlawfully hindering the discovery, apprehension, conviction, defense, or punishment of anyone who has committed a crime or of evidence. Examples are, but not limited to: providing false information to peace officers while being detained/arrested, destroying or tampering evidence, or utilizing any violence or physical threat against a witness, law enforcement officer, or court official to prevent justice from being served. This charge is also applicable when a person baits or intentionally breaks the law to gain attention of a law enforcement officer.
54		e	Poaching	5 Months (+1 per Aggravated Circumstance)	Illegal hunting, killing, or capturing of protected wildlife.	Aggravated circumstances: (i) Every two [2] units over the first unit
55		f	Perjury	5 Months	Submitting a false statement while under oath or affirmation.
56		g	Terroristic Threat	20 Months	A threat of violence, harm or destruction (general or specific) for a political aim.
57		h	Felony Attempted Commission of an Offence/Crime	50% of the prescribed time for each listed charge	Attempted to commit an offense listed under the Criminal Code. Attempting means to perform the necessary steps in the commission of an offense, however, having not commited the offence itself. It is irrelevant if the offence was not comitted due to intervention by a law enforcement officer, a sudden change of mind after the necessary steps had been carried out or any other intervening factor preventing its commission. Manslaughter charges cannot be attempted.
58		i	Jailbreak	60 Months	The act of an individual, or a group of individuals, using means of aggression, lethal force or other acts to attempt to or successfully coerce the release of; or forcefully gain access and remove; an individual who is serving an active sentence at the Department of Corrections.
59		j	Terrorism	60-180 Months	The unlawful use of violence and intimidation, especially against civilians and the law enforcement
60		Class	Misdemeanor Charges	Maximum Sentence	Definition
61		20	CONTRABAND	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
62		a	Class 2 Drug Possession	5 Months	Possession of 4 or more of a Class 2 Drug. (All other Drugs)
63		b	Class 1 Drug Possession	10 Months	Possession of 5 or more units of a Class 1 Drug (Weed)
64		d	Class 1 Drug Paraphernalia	5 Months	Possession of any Class 1 Drug Paraphaernalia (bongs, seeds, etc.)
65	e	Unlawful Consumption	8 Months	Consumption of any Class 2 Drug, or consumption of a Class 1 Drug outside of an individuals residence or any other certified location
66	f	Possession of Contraband	10 Months	Possession of Police Equipment. Except Tazer
67	21	VEHICULAR RELATED	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
68	a	Driving Under the Influence / Driving While Intoxicated (DUI / DWI)	10 Months	Operating a motor vehicle while under the influence of alcohol with a blood alcohol content greater than 0.08 BAC or while under the influence of legal or illegal drugs which impair the vehicle operator in such a way that it endangers the safety of others.	If the individual has two prior convictions of this charge it is upgraded to Felony Driving Under the Influence
69	b	Hit and Run	8 Months	The act of causing (or contributing to) a traffic accident (such as colliding with a person or fixture) and failing to stop and identify onself afterwards or failing to resolve the accident with the police.
70	c	Obstructing Traffic	5 Months	Intentionally or negligently creating an unsafe road condition or obstructing the driving enviornment of others. (Such as standing or placing objects in the roadway, parking your vehicle in such a way that it impedes the flow of traffic, etc.)
71	d	Evading Arrest	15 Months	While operating a motor vehicle, intentionally fleeing from a law enforcement officer attempting to arrest or detain them with the suspect willingly giving themselves up to law enforcement to resolve the situation. Does not stack with felony evading arrest or fleeing and eluding.
72	e	Improper Operation of a Motor Vehicle	5 Months	Erratic or excessive speeding (41+ mph over the posted speed) Does not stack with Felony Improper Operation of a Motor Vehicle, Felony Evading Arrest, Misdemeanor Evading Arrest, or any other violation in relation to willingly fleeing from law enforcement.
73	22	MISC. MISDEMEANOR	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
74	a	Assault	5 Months (+1 per Aggravated Circumstance)	A threat of bodily harm coupled with an apparent, present ability to cause the harm. In the case where a threat is made against a group, only one charge will be presented. This becomes a felony if both aggravating circumstances are met.	Aggravated circumstances: (i) The victim was an on-duty Officer or a government official. (ii) Threatening with a dangerous weapon with an intent to cause serious harm.
75	b	Battery	5 Months (+1 per Aggravated Circumstance)	An intentional unpermitted act causing harmful or offensive contact with another (includes hitting a person or spitting on them). This becomes a felony if a single aggravating circumstance is met.	Aggravated circumstances: (i) Battery with a dangerous weapon (hitting with a gun, bat or axe, etc.); (ii) The victim was an on-duty Officer or Government Official.
76	c	Contempt of Court	5 Months	Belligerance, disobedience or disrespect towards a court of law and its officers in the form of behavior that opposes or defies authority, justice, and dignity of the court. A defendant may only be charged once for contempt. If the offender continues to create a disturbance that impedes the functionality of the court, they shall be deemed hostile, and their plea converted to No Contest. Lawyers may be disbarred if they commit this offence.
77	d	Resisting Arrest	5 Months	The act of using force to prevent arrest (with or without a warrant), handcuffing and/or taking a person into police custody.
78	e	Unlawful Discharge of a Firearm	5 Months	Discharging a firearm without a lawful reason. (Does not stack with murder, attempted murder, battery, or any other violent crime where the discharge of a firearm results in harming another individual)
79	f	Trespassing on Restricted Government Soil	15 Months	Unauthorized entry upon the soil of a restricted area (200M radius of the Department of Corrections Facilities, and within restricted soil of other city property lines (Sheriff's Office Stations, Court House, etc.). Where feasible, violators should be given a warning first. If they refuse to heed the warning then charges may be presented. However, if the violation is commiting another crime this charge is automatically applied. Punishments may be mitigated based on circumstances (such as running for safety from an armed individual).
80	g	Breaking and Entering	5 Months	Entering a residence or other enclosed property without authorization.
81	h	Prostitution	3 Months	The act of offering one's self for hire to engage in sexual relations.
82	h.a	Solicitation - Prostitution	2 Months	The act of soliciting sex from a prostitute
83	i	Stalking	5 Months	The repeated following and harassing of another person with the intent to instill fear or injury.
84	j	Possession of Stolen Goods	8 Months	Having bought, been given, or acquired stolen goods which one knows, or any reasonable person would have realize have been stolen, extorted, embezzled or unlawfully taken in any manner.
85	k	Failure to Identify	Indefinite Detainment	Failure to identify one's self while being detained on reasonable suspicion. During traffic stops one is legally required to provide their name and license if they are the driver of the motor vehicle, failure to do so is an offence.
86	l	False Report	3 Months	Intentionally making a false statement to an on duty law enforcement officer or 911 dispatch message.
87	m	Aiding & Abetting	50% of the prescribed time for the crime committed	Anyone who with intent helps, allows or induces a crime to succeed by words or conduct can be convicted of the crime. It is not necessary for the abettor to be present at the scene of the crime
88	n	Conspiracy	15 Months	An agreement between two or more persons to engage jointly in an unlawful criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of persons
89	o	Violation of Probation	Additional 50% of original charges.	Violating the rules of one's probation. Added on top of the original charges. When accused of violation of probation, the burden of proof is on the accused.
90	p	Fleeing & Eluding	15 Months	While on foot, intentionally fleeing from a person he knows is a law enforcement officer attempting lawfully to arrest or detain them. Does not stack with Felony Evading Arrest.
91	q	Criminal Mischief	5 Months	A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another.
92	r	Solicitation	8 Months	A crime, an inchoate offense that consists of a person offering money or inducing another to commit a crime with the specific intent that the person solicited commit the crime. (If the crime has already been committed it becomes Aiding & Abetting)
93	s	Disorderly Conduct	5 Months	The willful violation of a lawful order from a law enforcement officer or the inciting of violence through words or actions.
94	t	Attempted Commission of an Offence/Crime	50% of the prescribed time for each listed charge	Attempted to commit an offense listed under the Criminal Code. Attempting means to perform the necessary steps in the commission of an offense, however, having not commited the offence itself. It is irrelevant if the offence was not comitted due to intervention by a law enforcement officer, a sudden change of mind after the necessary steps had been carried out or any other intervening factor preventing its commission. Manslaughter charges cannot be attempted.
95	u	Criminal Negligence	5 Months	It shall be unlawful for any person to fail to act with the level of care in which a reasonable person would in the same circumstances that results in any sort of physical/property damage. ( A Judge Shall decide whether, based on the circumstances and extent of damage caused, the charge be upgraded from a misdemeanor to a felony.)	Aggracated circumstances: (i) Judicial discretion
96	30	MINOR MISDEMEANORS (INFRACTIONS)	MAXIMUM SENTENCE	DEFINITION	AGGRAVATING CIRCUMSTANCES
97	a	Brandishing a Firearm	Confiscation of Firearm +5 Months	Exhibition of a firearm outside of the shooting range or designated hunting ground while hunting. Individuals may brandish, exhibit, or carry their legal firearms within their own personal private property. This clause is not applicable to private property where business is conducted.
98	b	Aggressive Driving	2 Months	Swerving in lane, cutting corners, tailgaiting or endagering/impeding the safe flow of traffic.
99	c	Reckless Driving (80 kmh over)	Vehicle Impound +10 Months	Erratic or reckless Operation of a Motor Vehicle (failing to maintain lane/roadway/speed. (41mph over the speed limit), or operating an ATV, Go-Kart, or motorcycle without a helmet. (Does not stack with Felony Improper Operation of a Motor Vehicle or Improper Operation of a Motor Vehicle)
100	d	Excessive Speeding 3 (60-79kmh over)	Vehicle Impound	Operation of a Motor Vehicle 60kmh - 80kmh over the speed limit