Constitution, Charter & Penal Code

THE CONSTITUTION, CHARTER & PENAL CODE

STATE OF SAN ANDREAS

LOS SANTOS AND BLAINE COUNTIES

TVRP Enhanced

SECTION PREAMBLE: STATEMENT OF INTENT

Be it enacted and ordained by the People of the State of San Andreas, through their duly constituted legislative authority, that this Constitution and Charter is adopted as the fundamental law of the State.

This Charter defines the powers, responsibilities, and limitations of State government; provides for the uniform application of law; safeguards the rights and liberties of the people; and promotes the orderly administration of justice and public affairs.

All authority exercised under the State shall derive from and remain constrained by this Constitution and Charter. The State shall be governed by separation of powers, checks and balances, accountability of public officials, and due process of law.

Where a conflict exists between this Charter, an enacted statute, a departmental policy, and an individual directive, this Charter shall control unless lawfully amended.

SECTION CONTENTS: TABLE OF CONTENTS

I. Rights of the People

II. General Penal Code

III. Violent Crimes

IV. Traffic Violations

V. Public Order Offenses

VI. Financial Offenses

VII. Property Crimes

VIII. Health and Safety

IX. Firearms and Weapons

X. Sentencing, Charging, and Enforcement Standards

SECTION I: RIGHTS OF THE PEOPLE

The rights in this section apply to all persons within the State of San Andreas. No statute, departmental rule, or official action may be interpreted to eliminate these protections except as expressly permitted by this Charter.

1.01 PRIVILEGE AGAINST SELF-INCRIMINATION

A person subjected to custodial interrogation has the right to remain silent. Voluntary statements may be used as evidence. No person shall be compelled to provide testimonial evidence against themselves.

1.02 RIGHT TO COUNSEL

A detained or accused person shall be afforded a reasonable opportunity to consult legal counsel. The ten (10) real-world minute response period begins when the person clearly requests counsel and the request is received by the processing officer. The officer shall record the request time and available contact attempts in the case or booking record. If no attorney responds or is reasonably available during that period, processing may continue; an unanswered request does not create indefinite detention. Where counsel responds, a private consultation may last up to twenty-five (25) real-world minutes, unless extended by mutual agreement or judicial order. A request for counsel shall not be treated as a waiver of any other protected right.

1.03 STATUTE OF LIMITATIONS FOR CIVIL ACTIONS

Civil actions must ordinarily be filed within seven (7) real-world days of the event giving rise to the claim. Filing is complete when an authorized courthouse clerk, public court filing service, or officially designated intake channel records a submission timestamp. If all designated filing channels are unavailable because of a verified service outage, the deadline is tolled for the outage and shall not expire earlier than twenty-four (24) real-world hours after restoration. A court may grant a narrow, recorded extension where circumstances beyond the claimant's reasonable control prevented timely filing.

1.04 EXCESSIVE BAIL AND PUNISHMENT

Excessive bail, excessive fines, and cruel or unusual punishment are prohibited. Bail and punishment must be proportionate to the alleged or proven offense, risk of flight, danger to the public, and applicable sentencing standards.

1.05 SEARCHES AND SEIZURES

A warrant is ordinarily required to enter or search a private residence. A warrant is not required where valid consent is given, exigent circumstances create an imminent threat to life or serious property damage, or officers are in fresh pursuit of a person lawfully fleeing detention or arrest. Consent may be limited or withdrawn. Evidence obtained outside a lawful exception may be challenged in court.

1.05.1 VEHICLE SEARCHES

A vehicle may be searched pursuant to a warrant, valid consent, probable cause that evidence or contraband is located in the vehicle, a lawful inventory procedure following impound, or another recognized lawful exception. The scope of the search must be reasonably related to its lawful basis.

1.06 CASTLE DOCTRINE

A person lawfully occupying a residence has no duty to retreat from an unlawful and forcible entry. Deadly force may be used only when reasonably believed necessary to prevent imminent death, serious bodily injury, or a forcible felony. This protection does not apply to a person engaged in unlawful activity that materially created the confrontation.

1.07 LAWFUL CONCEALED WEAPONS

A person who meets State licensing and eligibility requirements may lawfully carry an authorized concealed weapon. This right remains subject to licensing, registration where required, published prohibited-location rules, and weapon-class restrictions established by law. The Department of Justice shall maintain and publish a model-specific Class I/II/III licensing and registration schedule. No unpublished reclassification may be applied retroactively; where the schedule is incomplete, the licensed-civilian-vendor presumption in Section IX remains applicable.

1.08 PEACEFUL ASSEMBLY

The people have the right to peaceably assemble for lawful purposes, subject only to reasonable time, place, and manner restrictions necessary to protect safety and access.

1.09 RECORDING LAW ENFORCEMENT

A person may observe, photograph, or record law enforcement performing official duties in a public place so long as the person does not physically interfere with, obstruct, or unlawfully compromise an active operation.

1.10 EMPLOYER LIABILITY

An employer is not automatically criminally liable for an employee's independent unlawful act. This protection does not apply when the employer knowingly authorizes, directs, conspires in, or recklessly enables the unlawful conduct.

1.11 OBLIGATION TO IDENTIFY

A person lawfully detained or arrested shall provide accurate identifying information when reasonably requested in furtherance of the lawful investigation. Mere presence in a public place, without reasonable suspicion or other lawful basis, does not create an obligation to identify.

1.12 RELIGIOUS LIBERTY

All persons may freely practice, observe, or refrain from religion or belief. The State shall not compel religious participation or discriminate among lawful beliefs.

SECTION II: GENERAL PENAL CODE

This section defines offenses against lawful authority and the administration of justice. Charges should be applied according to the specific conduct proven and should not be duplicated merely because multiple statutes use similar language.

2.01 DISOBEYING A LAWFUL COMMAND

A person knowingly refuses a clear and lawful command issued by an authorized law enforcement officer acting within official duties. A command that violates constitutional rights or exceeds lawful authority is not enforceable under this section.

2.02 RESISTING ARREST

A person knowingly uses physical force, active physical resistance, or substantial physical interference to prevent a lawful arrest.

2.03 EVADING

A person knowingly flees, hides, or attempts to escape a lawful detention or arrest. Vehicle flight that creates substantial danger should be charged as Reckless Evading.

2.04 IDENTITY THEFT

A person knowingly uses or represents another person's identity or identifying information for deception, fraud, evasion, or personal gain.

2.05 FALSE STATEMENT TO A GOVERNMENT OFFICIAL

A person knowingly makes a materially false statement to a government official during an official investigation, proceeding, or duty. This offense does not require a person to waive the right to remain silent.

2.06 IMPERSONATING A GOVERNMENT OFFICIAL

A person falsely represents themselves as law enforcement or another government official by words, conduct, uniform, badge, insignia, vehicle presentation, or other means likely to deceive.

2.07 AIDING AND ABETTING

A person knowingly assists, encourages, facilitates, or intentionally helps another commit an offense. Mere presence is not sufficient.

2.08 CRIMINAL THREATS

A person communicates a serious and credible threat of unlawful violence intended to place another in reasonable fear of imminent harm.

2.09 RECKLESS EVADING

A person evades lawful detention or arrest while driving or acting in a manner that creates substantial risk to persons or property.

2.10 HARASSMENT, SECOND DEGREE

A person intentionally engages in repeated unwanted conduct that causes substantial distress, intimidation, or disturbance, but does not include a credible threat of serious harm.

2.11 HARASSMENT, FIRST DEGREE

A person engages in severe, repeated, targeted, or threatening conduct intended to cause substantial fear, intimidation, or emotional distress.

2.12 RECKLESS ENDANGERMENT

A person recklessly engages in conduct that creates a substantial and unjustifiable risk of serious injury, death, or major property damage.

2.13 DISARMING A LAW ENFORCEMENT OFFICER

A person intentionally and unlawfully removes, seizes, or attempts to take a weapon or critical duty equipment from an officer performing official duties.

2.14 DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

A public official knowingly uses governmental authority to unlawfully deny or interfere with a protected right. This offense requires willful misuse of official power.

2.15 THREAT AGAINST A PUBLIC OFFICIAL

A person makes a credible threat of unlawful violence intended to intimidate, coerce, or retaliate against an elected or appointed public official because of official duties.

2.16 HARBORING A FUGITIVE

A person knowingly conceals, shelters, transports, or materially assists a person known to be evading lawful arrest or judicial process.

2.17 TORTURE

A person intentionally inflicts severe physical or psychological suffering for punishment, coercion, intimidation, information, or sadistic purpose.

2.18 ANIMAL CRUELTY

A person intentionally or recklessly inflicts unjustified pain, serious suffering, abandonment, or neglect upon an animal.

2.19 ESCAPING CUSTODY

A person attempts or succeeds in escaping from lawful detention, arrest, transport, or confinement.

2.20 JAILBREAK

A person forcibly escapes from, breaches, or knowingly assists another to escape a correctional or detention facility.

2.21 TREASON

A person intentionally attempts to overthrow or materially betray the constitutional government of the State through force, armed support to a hostile entity, or comparable conduct. This charge requires judicial review before final disposition.

2.22 PUBLIC INDECENCY

A person knowingly engages in explicit sexual conduct, indecent exposure, or comparably obscene conduct in a public place or in a manner reasonably observable by the public.

2.23 ENTRAPMENT DEFENSE

Entrapment is an affirmative defense, not a criminal charge. A person shall not be convicted where law enforcement improperly induced an otherwise unwilling person to commit an offense that the person was not predisposed to commit.

General Penal Code - Presumptive Penalties

SECTION III: VIOLENT CRIMES

Violent offenses are distinguished primarily by threat, actual contact, bodily injury, use of a deadly weapon, intent, and the status of the victim. Assault concerns threatened or attempted harm; battery concerns unlawful physical contact.

Criminal death determination. Homicide statutes require credible in-character evidence of death, such as an EMS or medical declaration, documented case evidence, and/or a judicial finding. A temporary downed animation is not, by itself, conclusive proof of homicide. Whether a player permanently retires or deletes a character is governed separately by the approved TVRP Enhanced Community Rules and player-consent requirements; an in-character homicide charge does not authorize involuntary permanent character deletion.

3.01 ASSAULT

A person intentionally attempts to cause unlawful physical harm or places another in reasonable fear of imminent unlawful physical harm without completing a battery.

3.02 AGGRAVATED ASSAULT

An assault committed with a deadly weapon, an apparent ability to cause death or serious bodily injury, or circumstances creating a substantial risk of such harm.

3.03 ASSAULT ON A LAW ENFORCEMENT OFFICER

An assault knowingly directed at a law enforcement officer performing official duties.

3.04 BATTERY

A person intentionally or recklessly makes unlawful physical contact with another without lawful justification.

3.05 AGGRAVATED BATTERY

A battery that causes serious bodily injury, uses a deadly weapon, or is committed by means likely to cause death or serious bodily injury.

3.06 DOMESTIC VIOLENCE

An assault, battery, credible violent threat, or unlawful restraint committed against a spouse, intimate partner, household member, or close family member.

3.07 INCITING A RIOT

A person intentionally urges, organizes, or directs a group to engage in imminent violent or destructive conduct that threatens public safety.

3.08 KIDNAPPING

A person knowingly and unlawfully abducts, transports, confines, or holds another by force, threat, or coercion for a substantial period or purpose.

3.09 UNLAWFUL IMPRISONMENT

A person knowingly restrains or confines another without lawful authority or consent, under circumstances not rising to kidnapping.

3.10 INVOLUNTARY MANSLAUGHTER

A person causes the death of another through criminal negligence, recklessness, or an unlawful act without intent to kill.

3.11 VEHICULAR MANSLAUGHTER

A person causes the death of another through criminally reckless or grossly negligent operation of a vehicle.

3.12 ATTEMPTED MURDER

A person acts with specific intent to unlawfully kill another and takes a substantial step toward that killing.

3.13 MURDER OR SERIOUS INJURY OF A POLICE ANIMAL

A person intentionally and unlawfully kills or causes serious bodily injury to an on-duty police animal.

3.14 MURDER, SECOND DEGREE

A person intentionally kills another without lawful justification and without proven premeditation.

3.15 MURDER, FIRST DEGREE

A person intentionally and unlawfully kills another with proven premeditation and deliberation.

3.16 MURDER OF A LAW ENFORCEMENT OFFICER

A person intentionally and unlawfully kills a law enforcement officer while the officer is performing official duties and the offender knew or reasonably should have known the victim was an officer.

3.17 ATTEMPTED MURDER OF A LAW ENFORCEMENT OFFICER

A person acts with specific intent to unlawfully kill an on-duty law enforcement officer and takes a substantial step toward that killing.

3.18 ATTEMPTED MURDER OF MULTIPLE LAW ENFORCEMENT OFFICERS

A person, in one continuous course of conduct, acts with specific intent to unlawfully kill two or more on-duty law enforcement officers.

3.19 TERRORISM THREAT

A person makes a credible threat of mass violence or catastrophic harm with intent to intimidate or coerce the public or government.

3.20 TERRORISM

A person commits or attempts an act of mass violence or catastrophic destruction with intent to intimidate or coerce the public or government.

3.21 ABUSE OF A CORPSE

A person intentionally mutilates, desecrates, conceals, destroys, or grossly mishandles human remains without lawful authority.

Violent Crimes - Presumptive Penalties

SECTION IV: TRAFFIC VIOLATIONS

Traffic laws are enforced to protect roadway users while supporting proportional and predictable enforcement. Unless otherwise stated, ordinary traffic infractions do not require incarceration. A speeding charge requires an identifiable posted limit or a prospective, publicly available speed-limit schedule for that road category. Officers shall not invent an unposted numerical limit after an incident; existing statutory speeding bands remain unchanged.

4.01 DISTRACTED DRIVING

Operating a vehicle while using a device or engaging in conduct that materially diverts attention from safe operation.

4.02 DRIVING THE WRONG WAY

Operating a vehicle against the lawful direction of traffic on a roadway, divided highway, or one-way street.

4.03 FAILURE TO MAINTAIN LANE

Failing to remain within a lawful lane when reasonably practicable, creating a safety risk.

4.04 TAILGATING

Following another vehicle more closely than is reasonable and prudent for speed and conditions.

4.05 FAILURE TO OBEY TRAFFIC CONTROL

Disregarding a lawful traffic light, stop sign, yield sign, lane-control device, or comparable signal.

4.06 FAILURE TO YIELD TO EMERGENCY VEHICLE

Failing to safely yield to an authorized emergency vehicle using emergency lights or siren.

4.07 ILLEGAL PASSING

Passing another vehicle in a prohibited or clearly unsafe manner.

4.08 IMPEDING TRAFFIC

Unreasonably obstructing or impeding normal lawful traffic without necessity or authorization.

4.09 RECKLESS DRIVING

Operating a vehicle with willful or wanton disregard for the safety of persons or property.

4.10 ILLEGAL PARKING

Parking or stopping where prohibited by sign, law, emergency restriction, or where the vehicle materially obstructs access or safety.

4.11 NON-MOTOR VEHICLE ON HIGHWAY

Operating a bicycle or other non-motorized vehicle on a restricted freeway/highway where such use creates a traffic hazard.

4.12 IMPROPER LICENSE CLASS OR ENDORSEMENT

Operating a vehicle that requires a license class or endorsement the driver does not possess.

4.13 UNROADWORTHY VEHICLE

Operating a vehicle known to be materially unsafe, illegally modified, or mechanically unfit for public roadway use.

4.14 DRIVING WITHOUT A LICENSE

Operating a motor vehicle without a valid driver license.

4.15 DRIVING WHILE INTOXICATED

Operating or being in actual physical control of a vehicle while materially impaired by alcohol, controlled substances, or another intoxicant.

4.16 AIRSPACE VIOLATION

Operating an aircraft or aerial vehicle within a restricted or prohibited airspace without authorization.

4.17 HIT AND RUN

Leaving the scene of a collision without reasonably stopping, identifying oneself, reporting when required, or rendering reasonable aid where injury is apparent.

4.18 FAILURE TO YIELD RIGHT OF WAY

Failing to yield where lawfully required to another vehicle, cyclist, or pedestrian.

4.19 NEGLIGENT DRIVING

Operating a vehicle without reasonable care, creating a foreseeable but non-reckless risk of harm.

4.20 SPEEDING, THIRD DEGREE

Exceeding the posted or lawful speed limit by 1-19 MPH.

4.21 SPEEDING, SECOND DEGREE

Exceeding the posted or lawful speed limit by 20-39 MPH.

4.22 SPEEDING, FIRST DEGREE

Exceeding the posted or lawful speed limit by 40 MPH or more.

4.23 AUTHORIZED USE OF EMERGENCY LIGHTS AND SIRENS

Law enforcement, EMS, and authorized roadside mechanics may use emergency lights and sirens during genuine emergency response, urgent public-safety operations, or approved ceremonies, subject to departmental policy and a continuing duty to drive with reasonable care.

4.24 ILLEGAL U-TURN

Making a U-turn where prohibited, unsafe, or where it materially disrupts traffic.

4.25 UNREGISTERED VEHICLE

Operating or maintaining a vehicle on public roads without required registration where registration is applicable.

Traffic Violations - Presumptive Penalties

SECTION V: PUBLIC ORDER OFFENSES

Public-order laws shall be enforced narrowly so that protected speech, peaceful assembly, lawful recording, and ordinary presence in public do not become criminal conduct.

5.01 FAILURE TO IDENTIFY

A lawfully detained or arrested person intentionally refuses to provide accurate identifying information after a lawful request.

5.02 FALSE REPORTING

A person knowingly provides materially false or fabricated information to law enforcement, EMS, or another public agency and causes or attempts to cause an official response.

5.03 OBSTRUCTION OF JUSTICE

A person knowingly and materially interferes with an investigation, arrest, court proceeding, evidence, witness, or other lawful government function. A person should not be separately charged with this offense for the same false statement unless additional obstructive conduct exists.

5.04 BRIBERY

A person offers, gives, requests, or accepts something of value with corrupt intent to influence an official act.

5.05 CONSPIRACY

Two or more persons knowingly agree to commit an unlawful act and at least one participant takes an overt act in furtherance of the agreement.

5.06 LOITERING

A person remains in a specific public place after a lawful order to leave where the person is materially obstructing access, threatening safety, or engaging in conduct strongly connected to imminent criminal activity. Mere presence is not sufficient.

5.07 CONCEALING AN ACCIDENTAL DEATH

A person knowingly fails to report or actively conceals an accidental death with intent to obstruct an investigation.

5.08 PSEUDOCIDE

A person knowingly fakes their own death with intent to defraud, evade legal responsibility, or obstruct a lawful investigation.

5.09 VIOLATION OF RESTRAINING ORDER

A person knowingly violates a valid restraining or protective order.

5.10 CONTEMPT OF COURT

A person willfully disobeys a direct and lawful court command or substantially disrupts judicial proceedings after warning.

5.11 FAILURE TO APPEAR

A person willfully fails to appear before a court after receiving lawful notice requiring appearance.

5.12 VIOLATION OF COURT ORDER

A person knowingly disobeys a valid court order, injunction, or mandate.

5.13 PERJURY

A person knowingly makes a materially false statement under oath in an official judicial proceeding.

5.14 STALKING

A person engages in a repeated and targeted course of conduct that would cause a reasonable person substantial fear for safety or serious distress.

5.15 MISUSE OF EMERGENCY SERVICES

A person knowingly makes a false, frivolous, or intentionally abusive emergency call or request that interferes with emergency-service operations.

Public Order - Presumptive Penalties

SECTION VI: FINANCIAL OFFENSES

Financial offenses protect lawful commerce and public institutions. Restitution, forfeiture, and asset recovery may be ordered in addition to the presumptive fine where supported by evidence.

6.01 FRAUD

A person knowingly uses deception, material misrepresentation, or concealment to obtain money, property, services, or a legal advantage.

6.02 EMBEZZLEMENT

A person knowingly converts money or property entrusted to their control for an unauthorized personal or third-party use.

6.03 EXTORTION

A person obtains or attempts to obtain money, property, services, or another benefit through unlawful threat, coercion, or intimidation.

6.04 RACKETEERING

A person participates in an organized enterprise through a pattern of multiple serious criminal acts for financial or strategic gain.

6.05 BURGLARY

A person unlawfully enters or remains in a building, residence, or secured structure with intent to commit theft or another felony.

6.06 ROBBERY

A person takes or attempts to take property from a person or occupied premises by force, threat, or intimidation.

6.07 ARMED ROBBERY

A robbery committed while using, displaying, or credibly threatening use of a deadly weapon.

6.08 ROBBERY OF A FINANCIAL INSTITUTION

A person commits or attempts a robbery against a bank, financial institution, secure cash facility, or comparable financial target.

6.09 ROBBERY OF ARMORED TRANSPORT

A person unlawfully seizes, attempts to seize, or forcibly interferes with an armored transport, cash transport, or secured financial-delivery operation.

6.10 ATM THEFT OR TAMPERING

A person unlawfully tampers with, accesses, damages, or removes cash or property from an automated teller machine.

6.11 GOVERNMENT CORRUPTION

A public official commits bribery, fraud, embezzlement, abuse of office, or another dishonest act to obtain unlawful advantage or undermine government integrity.

6.12 POSSESSION OF DIRTY MONEY

A person knowingly possesses currency or monetary instruments identifiable as criminal proceeds. Knowledge may be inferred from circumstances but may not be based solely on possession of ordinary cash.

Dirty Money Thresholds

Tier I: $1-$4,999 in proven dirty money - misdemeanor-level possession.

Tier II: $5,000-$19,999 - felony-level possession.

Tier III: $20,000 or more - major financial offense; laundering/racketeering investigation may be appropriate.

Amounts obtained during the same continuous criminal event should be treated as one amount for threshold purposes unless a court finds separate transactions.

Financial Offenses - Presumptive Penalties

SECTION VII: PROPERTY CRIMES

Property offenses shall distinguish lawful possession of ordinary tools from possession accompanied by criminal intent. Officers should rely on evidence of intent, circumstances, statements, location, or conduct rather than item ownership alone.

7.01 UNAUTHORIZED RECORD ACCESS OR FURNISHING

A person knowingly accesses, discloses, sells, or furnishes protected government, medical, business, or private records without lawful authorization.

7.02 POSSESSION OF BURGLARY TOOLS WITH INTENT TO USE

A person possesses a tool or device and, based on articulable evidence, intends to use it to commit burglary, theft, vehicle theft, or another property offense. Mere possession of a lockpick, tool, or repair item is not enough.

7.03 POSSESSION OF STOLEN PROPERTY

A person knowingly receives, controls, conceals, or possesses property known or reasonably believed to be stolen.

7.04 TRESPASSING

A person knowingly enters or remains on private, restricted, or lawfully closed property without permission after notice, signage, fencing, direct instruction, or other clear indication that entry is unauthorized.

7.05 PETTY THEFT

A person unlawfully takes property valued below $5,000 without consent and with intent to deprive the owner of it.

7.06 GRAND THEFT

A person unlawfully takes property valued at $5,000 or more, or takes property under circumstances designated by law as grand theft.

7.07 GRAND THEFT AUTO

A person knowingly takes, drives, controls, or possesses a motor vehicle without the owner's consent and with intent to temporarily or permanently deprive the owner of possession.

7.08 ARSON

A person intentionally or recklessly causes a fire or explosion that damages property or creates a substantial risk of bodily injury.

7.09 DESTRUCTION OF GOVERNMENT PROPERTY

A person intentionally or recklessly damages, destroys, disables, or defaces government property.

7.10 CRIMINAL VANDALISM

A person intentionally damages or defaces private property without lawful permission.

Property Crimes - Presumptive Penalties

SECTION VIII: HEALTH AND SAFETY VIOLATIONS

Controlled-substance offenses are distinguished by possession, sale, trafficking quantity, and manufacturing conduct. Quantity thresholds are designed for consistent enforcement and may be amended by statute as the State economy evolves.

Quantity interpretation. A “unit” is one countable, finished controlled-substance inventory unit as defined by its registered item or approved DOJ equivalency schedule. Unprocessed materials and production ingredients are not automatically treated as finished-dose units. Sale and manufacturing offenses continue to require independent evidence of the stated intent or act.

8.01 POSSESSION OF DRUG PARAPHERNALIA

A person knowingly possesses equipment primarily intended for unlawful manufacture, packaging, distribution, or consumption of a controlled substance, under circumstances showing unlawful intended use.

8.02 POSSESSION OF A CONTROLLED SUBSTANCE

A person knowingly possesses a controlled substance without lawful authorization.

8.03 DRUG TRAFFICKING

A person manufactures, transports, distributes, or possesses a trafficking quantity of controlled substances with intent to distribute.

8.04 SALE OF A CONTROLLED SUBSTANCE

A person knowingly sells, exchanges for value, or offers to sell a controlled substance without lawful authorization.

8.05 INTENT TO MANUFACTURE A CONTROLLED SUBSTANCE

A person possesses precursor materials, specialized equipment, or controlled substances under circumstances proving intent to unlawfully manufacture a controlled substance.

8.06 MEDICAL NEGLIGENCE

A licensed or acting medical professional grossly departs from reasonable professional care, causing serious injury or creating a substantial and unjustifiable risk to a patient. Ordinary mistakes or unsuccessful treatment alone are not criminal negligence.

Controlled Substance Quantity Standards

Personal Possession: 1-9 units of a controlled substance, absent evidence of sale or distribution.

Possession With Intent / Sale Evidence: any quantity where direct evidence shows a sale, offer, packaging-for-sale, or intended distribution.

Trafficking Quantity: 10 or more units of the same controlled substance, or 20 or more mixed controlled-substance units, unless the defense establishes a lawful basis.

Manufacturing charges require more than possession alone; there must be evidence of production, processing, or intent to manufacture.

Health and Safety - Presumptive Penalties

SECTION IX: FIREARMS AND WEAPONS

Weapon classifications are based on lawful availability and risk. The Department of Justice may publish an approved weapon list consistent with this section. If a weapon is sold by a licensed civilian vendor under current law, it is presumed Class I unless specifically classified otherwise.

9.01 UNLAWFUL DISCHARGE OF A FIREARM

A person intentionally or recklessly discharges a firearm without lawful justification in a manner that endangers persons, property, or public safety.

9.02 POSSESSION OF AN UNREGISTERED FIREARM

A person knowingly possesses or transports a firearm that must be registered under State law but is not registered to the lawful possessor or otherwise lawfully documented.

9.03 BRANDISHING A FIREARM OR DEADLY WEAPON

A person displays, points, or exhibits a firearm or deadly weapon in a threatening or intimidating manner without lawful justification.

9.04 POSSESSION OF A CLASS I WEAPON WITHOUT REQUIRED LICENSE

A person possesses a Class I weapon without the license or authorization required for that category.

9.05 POSSESSION OF A CLASS II WEAPON

A person possesses a restricted tactical or automatic weapon without specific lawful authorization. Class II generally includes automatic firearms, tactical rifles, compact automatic weapons, or other weapons not approved for ordinary civilian sale but not classified as destructive military devices.

9.06 POSSESSION OF A CLASS III WEAPON

A person possesses a prohibited destructive or military-grade weapon without express governmental authorization. Class III generally includes explosive weapons, launchers, heavy weapons, destructive devices, and comparable military-grade armaments.

9.07 WEAPONS TRAFFICKING

A person unlawfully manufactures, transports for distribution, sells, or transfers weapons as part of an unlicensed or prohibited weapons enterprise.

Registration and Licensing

Registration concerns whether a firearm is lawfully documented to a possessor or owner where registration is required.

Licensing concerns whether a person is legally authorized to possess or carry a regulated class of weapon.

A single incident may support both an unregistered-firearm charge and an unlicensed-possession charge only when the State proves each separate requirement was independently violated.

Firearms and Weapons - Presumptive Penalties

SECTION X: SENTENCING, CHARGING, AND ENFORCEMENT STANDARDS

This section establishes a predictable framework for Police, prosecutors, defense counsel, and courts. Presumptive penalties are intended to promote consistency while preserving reasonable discretion for unusual facts.

10.01 PENALTY CLASSES

Infractions ordinarily carry fines and no jail. Where an existing offense table expressly lists 0–5 minutes for an infraction, the range permits brief, justified custodial processing, not automatic imprisonment; citation and release should remain the normal response. Misdemeanors carry lower fines and short incarceration. Felonies carry substantial fines and incarceration. Major Felonies are reserved for the most serious violent, organized, public-corruption, or high-risk offenses and may warrant judicial review.

10.02 UNITS OF TIME

Unless a court order expressly states otherwise, all jail terms in this Charter are measured in real-world minutes. References to filing deadlines are measured in real-world hours. In-character language such as “months” or “years” may be used narratively but does not change the mechanical jail time imposed.

10.03 PRESUMPTIVE SENTENCES

The tables in this Charter provide presumptive ranges. Officers may issue a sentence within the stated range. A judge may depart from the range for aggravating or mitigating facts, but should state the reason on the record.

10.04 CHARGING AND MERGER

A person may be charged with each distinct offense supported by probable cause. Charges should not be multiplied where one offense is merely a restatement of the same act and does not require proof of a distinct fact. Where appropriate, the lesser duplicative offense should merge into the more serious offense for sentencing. For example, robbery and armed robbery against the same victim in one act should not both receive full separate sentences merely for the weapon element; separate victims, episodes, or independently proven acts may warrant separate charges. The reason for any additional sentence shall be documented.

10.05 ATTEMPT

Unless a specific attempted offense is listed, an attempt to commit a felony may be punished at up to seventy-five percent (75%) of the presumptive fine and jail for the completed offense, provided the person had specific intent and took a substantial step toward completion.

10.06 ACCOMPLICE LIABILITY

Aiding and abetting or conspiracy does not automatically justify stacking the full underlying sentence multiple times. The sentence should reflect the participant's actual role, intent, and conduct.

10.07 AGGRAVATING FACTORS

Factors that may justify a sentence toward the upper end of a range include use of a deadly weapon, serious bodily injury, multiple victims, organized planning, abuse of public office, prior recent similar convictions, extreme danger to the public, or conduct committed while fleeing lawful custody.

10.08 MITIGATING FACTORS

Factors that may justify a sentence toward the lower end include prompt surrender, substantial cooperation, restitution, minor participation, lack of injury, immediate aid to victims, or other circumstances showing reduced culpability.

10.09 MAXIMUM ROUTINE BOOKING

Without an active judicial order, total custodial time imposed for a single booking shall not ordinarily exceed ninety (90) real-world minutes across all charges. A booking including a supported Major Felony may reach one hundred twenty (120) real-world minutes in total. These limits apply to the aggregate booking sentence, not separately to each charge. Longer confinement requires a documented judicial basis or another special lawful process; an active warrant does not itself create unlimited sentence time.

10.10 FINES AND ABILITY TO PAY

Fines should be assessed according to the statutory schedule and should not be increased merely because a defendant is perceived to be wealthy. Courts may order restitution separately where a measurable victim loss exists.

10.11 LICENSE SUSPENSION AND REVOCATION

Where a statute identifies license action as eligible, law enforcement may document the offense and request suspension. Longer or permanent revocation should be imposed by the Department of Justice or a court except where an automated statutory process expressly applies.

10.12 SEARCH, SEIZURE, AND FORFEITURE

Contraband and evidence may be seized when lawfully discovered. Forfeiture of otherwise lawful property or funds requires a lawful nexus to criminal conduct and must be documented. Ordinary lawful cash or property is not subject to forfeiture merely because a person is arrested.

10.13 BAIL AND RELEASE

Bail decisions should consider offense severity, danger to the public, likelihood of appearance, active warrants, and judicial instructions. Bail shall not be used as punishment before conviction.

10.14 DEPARTMENTAL DISCIPLINE VS. CRIMINAL CHARGES

Departmental policy violations by Police, EMS, Mechanics, DOJ, or other public employees are not automatically crimes. Criminal charges require proof of an actual statute. Employment discipline may proceed separately under departmental policy.

10.15 JUDICIAL INTERPRETATION

Courts should interpret this Charter to preserve due process, fair notice, proportional enforcement, and serious roleplay. Ambiguities should not be resolved by inventing hidden offenses or penalties after the fact.

10.16 WARRANT APPLICATION AND EXECUTION

A warrant application shall identify the issuing judicial authority, target person or place, statutory grounds, supporting probable-cause facts, authorized scope, issuance/expiration, and case or MDT evidence reference. On service, an officer shall record the date, person served where applicable, location, result, and items seized. The warrant and return shall be linked to the underlying case. Where a system lacks a dedicated field, attach a case note or court record. This provision does not abolish valid warrant exceptions under Section 1.05.

10.17 EVIDENCE HANDLING AND CHALLENGES

Collecting personnel shall document relevant items, collection time and location, the collecting official, custody transfers, and the corresponding incident or court-case reference. Allegations of unlawful searches, compromised chain of custody, or disputed admissibility must be submitted through the court process for judicial review. A documentation error does not automatically invalidate evidence; the court evaluates reliability, lawfulness and prejudice.

10.18 COURT NOTICES, HEARINGS AND REVIEW

Official summonses, warrant decisions, bail rulings, sentencing commitments and supervision decisions shall identify the case, affected person, issuing authority and date. Parties may seek review or appeal through the officially published court filing process, subject to a lawful court order and any published, prospective appellate deadline. No unpublished filing requirement or retroactive deadline may be invented in an individual case. Ordinary departmental discipline remains separate from a criminal judgment.

10.19 PUBLICATION, CLASSIFICATION AND OFFENSE CATALOG

The Department of Justice shall publish and maintain prospective schedules for weapon classes and licensing, posted/default road speed limits, and any controlled-substance inventory equivalencies used for enforcement. Published Penal Code offense numbers, definitions and penalty tables remain authoritative until lawfully amended. Any MDT or prison-system catalog mismatch must be reported for review; an interface label alone does not create or repeal an offense.