Criminal Statues
Page 1 of 1
Criminal Statues
by SG Above Sat Dec 12, 2015 10:08 am
SAN ANDREAS CRIMINAL OFFENSES
Title I- GENERAL PROVISIONS
1 RP= 1 Week
4 RP's= 1 Month
48 RP's= 1 Year
(a) Accomplice in a Crime-
Person is criminally liable for crime committed by another person.
(b) Attempt to Commit Crime-
Up to 50% the maximum fine or imprisonment or up to 20 years if crime is felony class x.
(c) Conspiracy to Commit Misdemeanor-
Up to 2 days in Jail &/or Up to $100 Fine
(d) Conspiracy to Commit a Felony-
Up to 2 months in Jail &/or Up to $2,000 Fine or Up to 10 years in Penitentiary if felony is class a or x.
(e) Increased Sentence-
If you are convicted for the first time of a crime you will be considered a First Time Offender and receive no increased sentence. If you are convicted twice for the same offense you will be considered a prior offender and receive no increase sentence except for DWI. If you are convicted three times for the same offense you will be considered a Persistent Offender and receive one increase in Class of Offense. If you are convicted four times for the same offense you will be considered an Aggravated Offender and receive two increases in Class of Offense. If you are convicted five times for the same offense you will be considered a Chronic Offender and receive three increases in Class of Offense. If you are convicted six or more times for the same offense you will be considered a Habitual Offender and receive four increases in Class of Offense.
(f) Mandatory Minimum Sentences-
Felonies that fall in the classes X, A and B are subject to a mandatory amount of time of incarceration that may be suspended or paroled with judge approval unless specified otherwise.
(g) Minimum Fines-
All violent offenses are subject to a mandatory fine of at least 10% of the maximum fine.
(h) Parole-
Felonies class d, c and b must serve at least 10% of imposed sentence. Felonies class a must serve at least 25% of imposed sentence. Offenders with 5 or more felonies must serve at least 35% of imposed sentence. Violent offenders must serve at least 50% of imposed sentence. Offenders who have 2 or more violent felonies must serve at least 75% of imposed sentence.
(i) Statute of Limitations-
1 month for misdemeanors and 1 year for all felonies except for class x.
(j) Classes of Offenses-
FELONIES:
Felony Class X- Life Imprisonment Without Possibility of Parole or Death Penalty.
Felony Class A- Up to $5,000,000 Fine &/or 5 years to Life Imprisonment With Possibility of Parole.
Felony Class B- Up to $1,000,000 Fine &/or 2 to 7 years in Penitentiary.
Felony Class C- Up to $250,000 Fine &/or Up to 4 years in Penitentiary.
Felony Class D- Up to $25,000 Fine &/or Up to 1 year in Jail.
MISDEMEANORS:
Misdemeanor Class A- Up to $1,000 Fine &/or Up to 1 month in Jail.
Misdemeanor Class B- Up to $500 Fine &/or Up to 14 days in Jail.
Misdemeanor Class C- Up to $200 Fine &/or Up to 7 days in Jail.
Petty Misdemeanor- Up to $150 Fine.
(k) Bail-
All person's accused of a crime are entitled to bail except for class x felonies. If the crime is a misdemeanor the bail may not exceed $1,000. If the crime is a felony, except for class x, the bail may not exceed $250,000 unless it is a violent or drug related crime in which the bail may not exceed $500,000. If the crime is a class x felony the minimum bail amount is $500,000 or bail may be denied. Persons who are accused of felonies class a and x are required to wear a ankle monitor.
Title II- CRIMINAL OFFENSES
PART A- VIOLENT CRIMES
1. Homicide
(001 SACS A1)
Section 1. First degree Murder-
(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
(3) he is attempting or committing a forcible felony at the same time as a second degree murder.
(b) First degree murder is a class x felony.
(002 SACS A1)
Section 1. Second degree murder-
(a) A person commits the offense of second degree murder when he or she commits first degree murder when either of the following mitigating factors are present:
(1) at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
(2) at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing by self defense but his or her belief is unreasonable.
(b) Second Degree Murder is a class a non-parolable felony.
(003 SACS A1)
Section 1. Involuntary Manslaughter-
(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits involuntary manslaughter. A person commits involuntary manslaughter if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
(b) Involuntary Manslaughter is a class c felony.
2. Kidnappings and Related Offenses
(004 SACS A2)
Section 2. Kidnaping-
(a) A person commits the offense of kidnapping when he or she knowingly:
(1) and secretly confines another against his or her will;
(2) by force or threat of imminent force carries another from one place to another with intent secretly to confine that other person against his or her will; or
(3) by deceit or enticement induces another to go from one place to another with intent secretly to confine that other person against his or her will.
(b) Kidnaping is a class b felony.
(005 SACS A2)
Section 2. Aggravated Kidnaping-
(a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the person kidnaped or from any other person;
(2) takes as his or her victim an elderly person I've 40 years old, or a severely or profoundly intellectually disabled person;
(3) inflicts great bodily harm, other than by the discharge of a firearm, or commits another felony upon his or her victim;
(4) wears a hood, robe, or mask or conceals his or her identity;
(5) commits the offense of kidnaping while armed with a dangerous weapon;
(6) commits the offense of kidnaping while armed with a firearm;
(7) during the commission of the offense of kidnaping, personally discharges a firearm; or ( during the commission of the offense of kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) Aggravated Kidnaping is a class a felony.
(006 SACS A2)
Section 2. Unlawful restraint-
(a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.
(b) Unlawful restraint is a class d felony.
(007 SACS A2)
Section 2. Aggravated Unlawful restraint-
(a) A person commits the offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon.
(b) Aggravated unlawful restraint is a class c felony.
(008 SACS A2)
Section 2. Assault-
(a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
(b) Assault is a class c misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 10 and not more than 50 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
(009 SACS A2)
Section 2. Aggravated Assault-
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
(1) A physically handicapped person or a person 60 years of age or older and the assault is without legal justification.
(2) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(3) A park district employee upon park grounds or grounds adjacent to a park or in any part of a building used for park purposes.
(4) A peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(6) A correctional institution employee, a county juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(7) An employee of the State of San Andreas, a municipal corporation therein, or a political subdivision thereof, performing his or her official duties.
( A transit employee performing his or her official duties, or a transit passenger.
(9) A sports official or coach actively participating in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her identity.
(5) Knowingly and without lawful justification shines or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
(6) Uses a firearm, other than by discharging the firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(7) Without justification operates a motor vehicle in a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
( Without justification operates a motor vehicle in a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(9) Knowingly video or audio records the offense
(d) Aggravated assault is a class d felony.
(010 SACS A2)
Section 2. Battery-
(a) A person commits battery if he or she knowingly without legal justification by any mean
(1) causes bodily harm to an individual or
(2) makes physical contact of an insulting or provoking nature with an individual.
(b) Second degree battery is a class a misdemeanor.
(011 SACS A2)
Section 2. Aggravated Battery-
(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following:
(1) Causes great bodily harm or permanent disability or disfigurement.
(2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Causes great bodily harm or permanent disability or disfigurement to an individual 40 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an intellectual disability. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability or disfigurement to any child under the age of 18 years, or to any person with a severe or profound intellectual disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 18 years or to any person with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter.
(d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical disability.
(3) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(4) A peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(5) A judge, emergency management worker, emergency,medical technician, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(6) An officer or employee of the State of San Andreas, a unit of local government, or a school district, while performing his or her official duties.
(7) A transit employee performing his or her official duties, or a transit passenger.
( A taxi driver on duty.
(9) A merchant who detains the person for an alleged commission of retail theft and the person without legal justification by any means causes bodily harm to the merchant.
(10) A nurse while in the performance of his or her duties as a nurse.
(e) Offense based on use of a firearm. A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(2) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Discharges a firearm and causes any injury to a person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(5) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(7) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
( Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a firearm.
(2) Wears a hood, robe, or mask to conceal his or her identity.
(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
(4) Knowingly video or audio records the offense with the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following:
(1) By unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
(2) Knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
(h) Aggravated battery is a class c felony.
(i) Aggravated battery with a firearm is a class b felony.
PART B- THEFT AND PROPERTY CRIMES
1. General Theft
(012 SACS B1)
Section 1. Theft/Stealing-
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over property of the owner; or
(2) Obtains by deception control over property of the owner; or
(3) Obtains by threat control over property of the owner; or
(4) Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
(5) Obtains or exerts control over property in the custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
(A) Intends to deprive the owner permanently of the use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
(b) Sentences
(1) Theft of property not from the person and not exceeding $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not exceeding $500 in value is a class d felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(1.2) A person who has been convicted of theft of property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation relating to the possession of a stolen or converted motor vehicle is guilty of a class d felony.
(3) Theft of property exceeding $500 and not exceeding $10,000 in value is a class d felony.
(3.1) Theft of property exceeding $500 and not exceeding $10,000 in value, is a class c felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(4) Theft of property exceeding $10,000 and not exceeding $100,000 in value is a class c felony.
(4.1) Theft of property exceeding $10,000 and not exceeding $100,000 in value is a class b felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(5) Theft of property exceeding $100,000 and not exceeding $500,000 in value is a class b felony.
(5.1) Theft of property exceeding $100,000 in value is a class a felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(6) Theft of property exceeding $500,000 and not exceeding $1,000,000 in value is a class a felony.
(7) Theft of property exceeding $1,000,000 in value is a class x felony.
2. Robbery
(013 SACS B2)
Section 2. 2nd Degree Robbery-
(a) 2nd Degree Robbery. A person commits second degree robbery when he or she knowingly takes property from the person or presence of another by the use of force or by threatening the imminent use of force.
(b) 2nd Degree robbery is a class c felony.
(014 SACS B2)
Section 2. 1st Degree Robbery-
(a) A person commits first degree robbery when he or she commits robbery and
(1) he or she carries on or about his or her person or is otherwise armed with a dangerous weapon other than a firearm; or
(2) he or she carries on or about his or her person or is otherwise armed with a firearm; or
(3) he or she, during the commission of the offense, personally discharges a firearm; or
(4) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) 1st degree robbery is a class a felony.
(015 SACS B2)
Section 2. Carjacking-
(a) A person commits carjacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.
(b) Carjacking is a class c felony.
(016 SACS B2)
Section 2. Aggravated Carjacking-
(a) A person commits aggravated carjacking when he or she commits carjacking and
(1) the person from whose immediate presence the motor vehicle is taken is a person with a physical disability or a person 60 years of age or over; or
(2) a person under 18 years of age is a passenger in the motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or is otherwise armed with a dangerous weapon, other than a firearm; or
(4) he or she carries on or about his or her person or is otherwise armed with a firearm; or
(5) he or she, during the commission of the offense, personally discharges a firearm; or
(6) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) Aggravated carjacking is a class a felony.
(017 SACS B2)
Section 2. Vehicular invasion-
(a) A person commits vehicular invasion when he or she knowingly, by force and without lawful justification, enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another person or persons, with the intent to commit therein a theft or felony.
(b) Vehicular invasion is a class b felony.
3. Burglary
(018 SACS B3)
Section 3. 2nd Degree Burglary-
(a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.
(b) 2nd degree burglary is a class c felony.
(019 SACS B3)
Section 3. 9-6. 1st Degree Burglary-
(a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and
(1) While armed with a dangerous weapon, other than a firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
(2) Intentionally causes any injury to any person or persons within the dwelling place, or
(3) While armed with a firearm uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
(5) Personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
(6) Commits burglary
(b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves the premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.
(c) 1st degree burglary is a class b felony.
(d) 1st degree burglary with a firearm is home invasion and is a class a felony.
4. Arson
(020 SACS B4)
Section 4. 2nd Degree Arson-
(a) A person commits second degree arson when, by means of fire or explosive, he or she knowingly:
(1) Damages any real property, or any personal property having a value of $150 or more, of another without his or her consent; or
(2) With intent to defraud an insurer, damages any property or any personal property having a value of $150 or more.
Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.
(c) 2nd degree arson is a class c felony.
(021 SACS B4)
Section 4. 1st Degree Arson-
(a) A person commits first degree arson when in the course of committing arson he or she knowingly damages, partially or totally, any building or structure, including any adjacent building or structure, including all or any part of a school building, house trailer, watercraft, motor vehicle, or railroad car, and
(1) he knows or reasonably should know that one or more persons are present therein or
(2) any person suffers great bodily harm, or permanent disability or disfigurement as a result of the fire or explosion or
(3) a fireman, policeman, or correctional officer who is present at the scene acting in the line of duty is injured as a result of the fire or explosion.
For purposes of this Section, property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest that the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property; and "school building" means any public or private preschool, elementary or secondary school, community college, college, or university.
(b) 1st degree arson is a class b felony.
5. Damage to Property and Trespassing
(022 SACS B5)
Section 5. Criminal damage to property-
(a) A person commits criminal damage to property when he or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another without his or her consent;
(5) knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
(6) knowingly damages any property with intent to defraud an insurer;
(7) knowingly shoots a firearm at any portion of a railroad train;
( knowingly, without proper authorization, cuts, injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
(9) intentionally, without proper authorization, opens any fire hydrant.
(b) Sentences
(1) Criminal damage to property is a class a misdemeanor when damage to property does not exceed $500.
(2) Criminal damage to property is a class d felony when damage to property exceeds $300 but does not exceed $10,000.
(3) Criminal damage to property is a class c felony when damage to property exceeds $10,000.
(023 SACS B5)
Section 5. Criminal Trespass-
(a) A person commits criminal trespass when he or she:
(1) knowingly and without lawful authority enters or remains within or on a building;
(2) enters upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;
(3) remains upon the land of another, after receiving notice from the owner or occupant to depart;
(b) Criminal trespass is a class a misdemeanor.
PART C- WEAPON CRIMES
(024 SACS C)
Section N/A. Unlawful Use of Weapon-
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character
(b) Sentences
(1) Unlawful use of weapon is a class a misdemeanor.
(2) Unlawful use of firearm is a class d felony.
(025 SACS C)
Section N/A. Unlawful Use or Possession of Weapons or Firearm by Felons or Persons in the Custody of the Department of Corrections-
(a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business or the department of corrections any weapon described in 024 SACS C (a) (1) and (2) or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.
(b) Sentences
(1) Unlawful use or possession of weapons by felons or persons in the custody of the department of corrections is a class d felony.
(2) Unlawful use or possession of firearm by felons or persons in the custody of the department of corrections is a class c felony.
(026 SACS C)
Section N/A. Reckless discharge of a firearm-
(a) A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.
(b) If the conduct described in subsection (a) is committed by a passenger of a moving motor vehicle with the knowledge and consent of the driver of the motor vehicle the driver is accountable for such conduct.
(c) Reckless discharge of a firearm is a class d felony.
(027 SACS C)
Section N/A. Unlawful sale or delivery of firearms-
(a) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:
(1) Sells or gives any firearm of a size which may be concealed upon the person to any person under 21 years of age.
(2) Sells or gives any firearm to any narcotic addict.
(3) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction.
(4) Sells or gives any firearm to any person without a proper license.
(5) Sells or gives any firearm to any person by a felon.
(b) Unlawful sale or delivery of firearms is a class c felony.
(028 SACS C)
Section N/A. Gunrunning-
(a) A person commits gunrunning when he or she transfers 5 or more firearms in violation of 027 SACS C of this Code.
(b) Sentences
(1) Gunrunning is a class b felony if not less than 5 firearms but no more than 15 firearms are transferred.
(2) Gunrunning is a class a felony if not less than 15 firearms but no more than 35 firearms are transferred.
(3) Gunrunning is a class a felony if more than 35 firearms are transferred.
PART D- DRUG CRIMES
1. Possession
(029 SACS 1D)
Section 1. It is unlawful for any person knowingly to possess marijuana. Any person who violates this section with respect to
(1) Less than 10 grams is a petty misdemeanor.
(2) 10 or more grams but less than 28 grams is a class c misdemeanor.
(3) 28 or more grams but less than 2 pounds is a class a misdemeanor.
(4) 2 pounds or more is a class d felony.
(030 SACS 1D)
Section 1. It is unlawful for any person knowingly to possess a controlled substance. Controlled substances are cocaine, crack cocaine, methamphetamine and heroin. Any person who violates this section with respect to
(1) Possession of a controlled substance except marijuana is a class c felony.
2. Possession With Intent to Distribute, Sale or Manufacture
(031 SACS 2D)
Section 2. It is unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute, or sell, marijuana. Any person who violates this section with respect to
(1) Possession with intent to distribute sale or manufacture marijuana is a class c felony if 30 pounds or less.
(2) More than 30 pounds is drug trafficking and a class a felony.
(032 SACS 2D)
Section 2. It is unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute, or sell, a controlled substance. Any person who violates this section with respect to
(1) Possession with intent to distribute, sale or manufacture of a controlled substance except marijuana is a class b felony if 1 kilogram or less.
(2) More than 1 kilogram is drug trafficking and a class a felony.
PART E- MISCELLANEOUS
(033 SACS E)
Section N/A. Resisting Arrest-
(a) A person commits resisting arrest when he or she attempts to interfere with the official duties of a officer with use of force or threats.
(b) Resisting arrest is a class a misdemeanor.
(c) Resisting arrest with a weapon is a class d felony.
(034 SACS E)
Section N/A. Perjury-
(a) A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.
(b) Sentences
(1) Perjury is a class a misdemeanor if committed during a misdemeanor trial.
(2) Perjury is a class d felony if committed during a felony trial.
(035 SACS E)
Section N/A. Bribery-
A person commits bribery when
(a) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or
(b) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to one whom he or she believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or
(c) With intent to cause any person to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or
(d) He or she receives, retains or agrees to accept any property or personal advantage which he or she is not authorized by law to accept knowing that the property or personal advantage was promised or tendered with intent to cause him or her to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or
(e) He or she solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.
(1) Bribery is a class a misdemeanor.
Title I- GENERAL PROVISIONS
1 RP= 1 Week
4 RP's= 1 Month
48 RP's= 1 Year
(a) Accomplice in a Crime-
Person is criminally liable for crime committed by another person.
(b) Attempt to Commit Crime-
Up to 50% the maximum fine or imprisonment or up to 20 years if crime is felony class x.
(c) Conspiracy to Commit Misdemeanor-
Up to 2 days in Jail &/or Up to $100 Fine
(d) Conspiracy to Commit a Felony-
Up to 2 months in Jail &/or Up to $2,000 Fine or Up to 10 years in Penitentiary if felony is class a or x.
(e) Increased Sentence-
If you are convicted for the first time of a crime you will be considered a First Time Offender and receive no increased sentence. If you are convicted twice for the same offense you will be considered a prior offender and receive no increase sentence except for DWI. If you are convicted three times for the same offense you will be considered a Persistent Offender and receive one increase in Class of Offense. If you are convicted four times for the same offense you will be considered an Aggravated Offender and receive two increases in Class of Offense. If you are convicted five times for the same offense you will be considered a Chronic Offender and receive three increases in Class of Offense. If you are convicted six or more times for the same offense you will be considered a Habitual Offender and receive four increases in Class of Offense.
(f) Mandatory Minimum Sentences-
Felonies that fall in the classes X, A and B are subject to a mandatory amount of time of incarceration that may be suspended or paroled with judge approval unless specified otherwise.
(g) Minimum Fines-
All violent offenses are subject to a mandatory fine of at least 10% of the maximum fine.
(h) Parole-
Felonies class d, c and b must serve at least 10% of imposed sentence. Felonies class a must serve at least 25% of imposed sentence. Offenders with 5 or more felonies must serve at least 35% of imposed sentence. Violent offenders must serve at least 50% of imposed sentence. Offenders who have 2 or more violent felonies must serve at least 75% of imposed sentence.
(i) Statute of Limitations-
1 month for misdemeanors and 1 year for all felonies except for class x.
(j) Classes of Offenses-
FELONIES:
Felony Class X- Life Imprisonment Without Possibility of Parole or Death Penalty.
Felony Class A- Up to $5,000,000 Fine &/or 5 years to Life Imprisonment With Possibility of Parole.
Felony Class B- Up to $1,000,000 Fine &/or 2 to 7 years in Penitentiary.
Felony Class C- Up to $250,000 Fine &/or Up to 4 years in Penitentiary.
Felony Class D- Up to $25,000 Fine &/or Up to 1 year in Jail.
MISDEMEANORS:
Misdemeanor Class A- Up to $1,000 Fine &/or Up to 1 month in Jail.
Misdemeanor Class B- Up to $500 Fine &/or Up to 14 days in Jail.
Misdemeanor Class C- Up to $200 Fine &/or Up to 7 days in Jail.
Petty Misdemeanor- Up to $150 Fine.
(k) Bail-
All person's accused of a crime are entitled to bail except for class x felonies. If the crime is a misdemeanor the bail may not exceed $1,000. If the crime is a felony, except for class x, the bail may not exceed $250,000 unless it is a violent or drug related crime in which the bail may not exceed $500,000. If the crime is a class x felony the minimum bail amount is $500,000 or bail may be denied. Persons who are accused of felonies class a and x are required to wear a ankle monitor.
Title II- CRIMINAL OFFENSES
PART A- VIOLENT CRIMES
1. Homicide
(001 SACS A1)
Section 1. First degree Murder-
(a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
(3) he is attempting or committing a forcible felony at the same time as a second degree murder.
(b) First degree murder is a class x felony.
(002 SACS A1)
Section 1. Second degree murder-
(a) A person commits the offense of second degree murder when he or she commits first degree murder when either of the following mitigating factors are present:
(1) at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
(2) at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing by self defense but his or her belief is unreasonable.
(b) Second Degree Murder is a class a non-parolable felony.
(003 SACS A1)
Section 1. Involuntary Manslaughter-
(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, cases in which the cause of the death consists of the driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft, in which case the person commits involuntary manslaughter. A person commits involuntary manslaughter if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
(b) Involuntary Manslaughter is a class c felony.
2. Kidnappings and Related Offenses
(004 SACS A2)
Section 2. Kidnaping-
(a) A person commits the offense of kidnapping when he or she knowingly:
(1) and secretly confines another against his or her will;
(2) by force or threat of imminent force carries another from one place to another with intent secretly to confine that other person against his or her will; or
(3) by deceit or enticement induces another to go from one place to another with intent secretly to confine that other person against his or her will.
(b) Kidnaping is a class b felony.
(005 SACS A2)
Section 2. Aggravated Kidnaping-
(a) A person commits the offense of aggravated kidnaping when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the person kidnaped or from any other person;
(2) takes as his or her victim an elderly person I've 40 years old, or a severely or profoundly intellectually disabled person;
(3) inflicts great bodily harm, other than by the discharge of a firearm, or commits another felony upon his or her victim;
(4) wears a hood, robe, or mask or conceals his or her identity;
(5) commits the offense of kidnaping while armed with a dangerous weapon;
(6) commits the offense of kidnaping while armed with a firearm;
(7) during the commission of the offense of kidnaping, personally discharges a firearm; or ( during the commission of the offense of kidnaping, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) Aggravated Kidnaping is a class a felony.
(006 SACS A2)
Section 2. Unlawful restraint-
(a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.
(b) Unlawful restraint is a class d felony.
(007 SACS A2)
Section 2. Aggravated Unlawful restraint-
(a) A person commits the offense of aggravated unlawful restraint when he or she commits unlawful restraint while using a deadly weapon.
(b) Aggravated unlawful restraint is a class c felony.
(008 SACS A2)
Section 2. Assault-
(a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.
(b) Assault is a class c misdemeanor.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 10 and not more than 50 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
(009 SACS A2)
Section 2. Aggravated Assault-
(a) Offense based on location of conduct. A person commits aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following:
(1) A physically handicapped person or a person 60 years of age or older and the assault is without legal justification.
(2) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(3) A park district employee upon park grounds or grounds adjacent to a park or in any part of a building used for park purposes.
(4) A peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(6) A correctional institution employee, a county juvenile detention center employee who provides direct and continuous supervision of residents of a juvenile detention center, including a county juvenile detention center employee who supervises recreational activity for residents of a juvenile detention center, or a Department of Human Services employee, Department of Human Services officer, or employee of a subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(7) An employee of the State of San Andreas, a municipal corporation therein, or a political subdivision thereof, performing his or her official duties.
( A transit employee performing his or her official duties, or a transit passenger.
(9) A sports official or coach actively participating in any level of athletic competition within a sports venue, on an indoor playing field or outdoor playing field, or within the immediate vicinity of such a facility or field.
(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her identity.
(5) Knowingly and without lawful justification shines or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
(6) Uses a firearm, other than by discharging the firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff's department, or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her official duties; or
(iii) assaulted in retaliation for performing his or her official duties.
(7) Without justification operates a motor vehicle in a manner which places a person, other than a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
( Without justification operates a motor vehicle in a manner which places a person listed in subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(9) Knowingly video or audio records the offense
(d) Aggravated assault is a class d felony.
(010 SACS A2)
Section 2. Battery-
(a) A person commits battery if he or she knowingly without legal justification by any mean
(1) causes bodily harm to an individual or
(2) makes physical contact of an insulting or provoking nature with an individual.
(b) Second degree battery is a class a misdemeanor.
(011 SACS A2)
Section 2. Aggravated Battery-
(a) Offense based on injury. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly does any of the following:
(1) Causes great bodily harm or permanent disability or disfigurement.
(2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Causes great bodily harm or permanent disability or disfigurement to an individual 40 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an intellectual disability. A person who is at least 18 years of age commits aggravated battery when, in committing a battery, he or she knowingly and without legal justification by any means:
(1) causes great bodily harm or permanent disability or disfigurement to any child under the age of 18 years, or to any person with a severe or profound intellectual disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 18 years or to any person with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter.
(d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical disability.
(3) A teacher or school employee upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(4) A peace officer, community policing volunteer, fireman, private security officer, correctional institution employee, or Department of Human Services employee supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(5) A judge, emergency management worker, emergency,medical technician, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(6) An officer or employee of the State of San Andreas, a unit of local government, or a school district, while performing his or her official duties.
(7) A transit employee performing his or her official duties, or a transit passenger.
( A taxi driver on duty.
(9) A merchant who detains the person for an alleged commission of retail theft and the person without legal justification by any means causes bodily harm to the merchant.
(10) A nurse while in the performance of his or her duties as a nurse.
(e) Offense based on use of a firearm. A person commits aggravated battery when, in committing a battery, he or she knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(2) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Discharges a firearm and causes any injury to a person he or she knows to be a teacher, a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(5) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a peace officer, community policing volunteer, person summoned by a police officer, fireman, private security officer, correctional institution employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(7) Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
( Discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be a teacher, or a student in a school, or a school employee, and the teacher, student, or employee is upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a firearm.
(2) Wears a hood, robe, or mask to conceal his or her identity.
(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.
(4) Knowingly video or audio records the offense with the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following:
(1) By unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance.
(2) Knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
(h) Aggravated battery is a class c felony.
(i) Aggravated battery with a firearm is a class b felony.
PART B- THEFT AND PROPERTY CRIMES
1. General Theft
(012 SACS B1)
Section 1. Theft/Stealing-
(a) A person commits theft when he or she knowingly:
(1) Obtains or exerts unauthorized control over property of the owner; or
(2) Obtains by deception control over property of the owner; or
(3) Obtains by threat control over property of the owner; or
(4) Obtains control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce him or her to believe that the property was stolen; or
(5) Obtains or exerts control over property in the custody of any law enforcement agency which any law enforcement officer or any individual acting in behalf of a law enforcement agency explicitly represents to the person as being stolen or represents to the person such circumstances as would reasonably induce the person to believe that the property was stolen, and
(A) Intends to deprive the owner permanently of the use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.
(b) Sentences
(1) Theft of property not from the person and not exceeding $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not exceeding $500 in value is a class d felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(1.2) A person who has been convicted of theft of property not from the person and not exceeding $500 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation relating to the possession of a stolen or converted motor vehicle is guilty of a class d felony.
(3) Theft of property exceeding $500 and not exceeding $10,000 in value is a class d felony.
(3.1) Theft of property exceeding $500 and not exceeding $10,000 in value, is a class c felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(4) Theft of property exceeding $10,000 and not exceeding $100,000 in value is a class c felony.
(4.1) Theft of property exceeding $10,000 and not exceeding $100,000 in value is a class b felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(5) Theft of property exceeding $100,000 and not exceeding $500,000 in value is a class b felony.
(5.1) Theft of property exceeding $100,000 in value is a class a felony if the theft was committed in a school or place of worship or if the theft was of governmental property.
(6) Theft of property exceeding $500,000 and not exceeding $1,000,000 in value is a class a felony.
(7) Theft of property exceeding $1,000,000 in value is a class x felony.
2. Robbery
(013 SACS B2)
Section 2. 2nd Degree Robbery-
(a) 2nd Degree Robbery. A person commits second degree robbery when he or she knowingly takes property from the person or presence of another by the use of force or by threatening the imminent use of force.
(b) 2nd Degree robbery is a class c felony.
(014 SACS B2)
Section 2. 1st Degree Robbery-
(a) A person commits first degree robbery when he or she commits robbery and
(1) he or she carries on or about his or her person or is otherwise armed with a dangerous weapon other than a firearm; or
(2) he or she carries on or about his or her person or is otherwise armed with a firearm; or
(3) he or she, during the commission of the offense, personally discharges a firearm; or
(4) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) 1st degree robbery is a class a felony.
(015 SACS B2)
Section 2. Carjacking-
(a) A person commits carjacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force.
(b) Carjacking is a class c felony.
(016 SACS B2)
Section 2. Aggravated Carjacking-
(a) A person commits aggravated carjacking when he or she commits carjacking and
(1) the person from whose immediate presence the motor vehicle is taken is a person with a physical disability or a person 60 years of age or over; or
(2) a person under 18 years of age is a passenger in the motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or is otherwise armed with a dangerous weapon, other than a firearm; or
(4) he or she carries on or about his or her person or is otherwise armed with a firearm; or
(5) he or she, during the commission of the offense, personally discharges a firearm; or
(6) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
(b) Aggravated carjacking is a class a felony.
(017 SACS B2)
Section 2. Vehicular invasion-
(a) A person commits vehicular invasion when he or she knowingly, by force and without lawful justification, enters or reaches into the interior of a motor vehicle while the motor vehicle is occupied by another person or persons, with the intent to commit therein a theft or felony.
(b) Vehicular invasion is a class b felony.
3. Burglary
(018 SACS B3)
Section 3. 2nd Degree Burglary-
(a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.
(b) 2nd degree burglary is a class c felony.
(019 SACS B3)
Section 3. 9-6. 1st Degree Burglary-
(a) A person who is not a peace officer acting in the line of duty commits home invasion when without authority he or she knowingly enters the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who falsely represents himself or herself, including but not limited to, falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another when he or she knows or has reason to know that one or more persons are present and
(1) While armed with a dangerous weapon, other than a firearm, uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
(2) Intentionally causes any injury to any person or persons within the dwelling place, or
(3) While armed with a firearm uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of force upon any person or persons within the dwelling place whether or not injury occurs and during the commission of the offense personally discharges a firearm, or
(5) Personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling place, or
(6) Commits burglary
(b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves the premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein.
(c) 1st degree burglary is a class b felony.
(d) 1st degree burglary with a firearm is home invasion and is a class a felony.
4. Arson
(020 SACS B4)
Section 4. 2nd Degree Arson-
(a) A person commits second degree arson when, by means of fire or explosive, he or she knowingly:
(1) Damages any real property, or any personal property having a value of $150 or more, of another without his or her consent; or
(2) With intent to defraud an insurer, damages any property or any personal property having a value of $150 or more.
Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.
(c) 2nd degree arson is a class c felony.
(021 SACS B4)
Section 4. 1st Degree Arson-
(a) A person commits first degree arson when in the course of committing arson he or she knowingly damages, partially or totally, any building or structure, including any adjacent building or structure, including all or any part of a school building, house trailer, watercraft, motor vehicle, or railroad car, and
(1) he knows or reasonably should know that one or more persons are present therein or
(2) any person suffers great bodily harm, or permanent disability or disfigurement as a result of the fire or explosion or
(3) a fireman, policeman, or correctional officer who is present at the scene acting in the line of duty is injured as a result of the fire or explosion.
For purposes of this Section, property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest that the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property; and "school building" means any public or private preschool, elementary or secondary school, community college, college, or university.
(b) 1st degree arson is a class b felony.
5. Damage to Property and Trespassing
(022 SACS B5)
Section 5. Criminal damage to property-
(a) A person commits criminal damage to property when he or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another without his or her consent;
(5) knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;
(6) knowingly damages any property with intent to defraud an insurer;
(7) knowingly shoots a firearm at any portion of a railroad train;
( knowingly, without proper authorization, cuts, injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or
(9) intentionally, without proper authorization, opens any fire hydrant.
(b) Sentences
(1) Criminal damage to property is a class a misdemeanor when damage to property does not exceed $500.
(2) Criminal damage to property is a class d felony when damage to property exceeds $300 but does not exceed $10,000.
(3) Criminal damage to property is a class c felony when damage to property exceeds $10,000.
(023 SACS B5)
Section 5. Criminal Trespass-
(a) A person commits criminal trespass when he or she:
(1) knowingly and without lawful authority enters or remains within or on a building;
(2) enters upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;
(3) remains upon the land of another, after receiving notice from the owner or occupant to depart;
(b) Criminal trespass is a class a misdemeanor.
PART C- WEAPON CRIMES
(024 SACS C)
Section N/A. Unlawful Use of Weapon-
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or other knuckle weapon regardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character
(b) Sentences
(1) Unlawful use of weapon is a class a misdemeanor.
(2) Unlawful use of firearm is a class d felony.
(025 SACS C)
Section N/A. Unlawful Use or Possession of Weapons or Firearm by Felons or Persons in the Custody of the Department of Corrections-
(a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business or the department of corrections any weapon described in 024 SACS C (a) (1) and (2) or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.
(b) Sentences
(1) Unlawful use or possession of weapons by felons or persons in the custody of the department of corrections is a class d felony.
(2) Unlawful use or possession of firearm by felons or persons in the custody of the department of corrections is a class c felony.
(026 SACS C)
Section N/A. Reckless discharge of a firearm-
(a) A person commits reckless discharge of a firearm by discharging a firearm in a reckless manner which endangers the bodily safety of an individual.
(b) If the conduct described in subsection (a) is committed by a passenger of a moving motor vehicle with the knowledge and consent of the driver of the motor vehicle the driver is accountable for such conduct.
(c) Reckless discharge of a firearm is a class d felony.
(027 SACS C)
Section N/A. Unlawful sale or delivery of firearms-
(a) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:
(1) Sells or gives any firearm of a size which may be concealed upon the person to any person under 21 years of age.
(2) Sells or gives any firearm to any narcotic addict.
(3) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction.
(4) Sells or gives any firearm to any person without a proper license.
(5) Sells or gives any firearm to any person by a felon.
(b) Unlawful sale or delivery of firearms is a class c felony.
(028 SACS C)
Section N/A. Gunrunning-
(a) A person commits gunrunning when he or she transfers 5 or more firearms in violation of 027 SACS C of this Code.
(b) Sentences
(1) Gunrunning is a class b felony if not less than 5 firearms but no more than 15 firearms are transferred.
(2) Gunrunning is a class a felony if not less than 15 firearms but no more than 35 firearms are transferred.
(3) Gunrunning is a class a felony if more than 35 firearms are transferred.
PART D- DRUG CRIMES
1. Possession
(029 SACS 1D)
Section 1. It is unlawful for any person knowingly to possess marijuana. Any person who violates this section with respect to
(1) Less than 10 grams is a petty misdemeanor.
(2) 10 or more grams but less than 28 grams is a class c misdemeanor.
(3) 28 or more grams but less than 2 pounds is a class a misdemeanor.
(4) 2 pounds or more is a class d felony.
(030 SACS 1D)
Section 1. It is unlawful for any person knowingly to possess a controlled substance. Controlled substances are cocaine, crack cocaine, methamphetamine and heroin. Any person who violates this section with respect to
(1) Possession of a controlled substance except marijuana is a class c felony.
2. Possession With Intent to Distribute, Sale or Manufacture
(031 SACS 2D)
Section 2. It is unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute, or sell, marijuana. Any person who violates this section with respect to
(1) Possession with intent to distribute sale or manufacture marijuana is a class c felony if 30 pounds or less.
(2) More than 30 pounds is drug trafficking and a class a felony.
(032 SACS 2D)
Section 2. It is unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute, or sell, a controlled substance. Any person who violates this section with respect to
(1) Possession with intent to distribute, sale or manufacture of a controlled substance except marijuana is a class b felony if 1 kilogram or less.
(2) More than 1 kilogram is drug trafficking and a class a felony.
PART E- MISCELLANEOUS
(033 SACS E)
Section N/A. Resisting Arrest-
(a) A person commits resisting arrest when he or she attempts to interfere with the official duties of a officer with use of force or threats.
(b) Resisting arrest is a class a misdemeanor.
(c) Resisting arrest with a weapon is a class d felony.
(034 SACS E)
Section N/A. Perjury-
(a) A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law the oath or affirmation is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false.
(b) Sentences
(1) Perjury is a class a misdemeanor if committed during a misdemeanor trial.
(2) Perjury is a class d felony if committed during a felony trial.
(035 SACS E)
Section N/A. Bribery-
A person commits bribery when
(a) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or
(b) With intent to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to one whom he or she believes to be a public officer, public employee, juror or witness, any property or personal advantage which a public officer, public employee, juror or witness would not be authorized by law to accept; or
(c) With intent to cause any person to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness, he or she promises or tenders to that person any property or personal advantage which he or she is not authorized by law to accept; or
(d) He or she receives, retains or agrees to accept any property or personal advantage which he or she is not authorized by law to accept knowing that the property or personal advantage was promised or tendered with intent to cause him or her to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness; or
(e) He or she solicits, receives, retains, or agrees to accept any property or personal advantage pursuant to an understanding that he or she shall improperly influence or attempt to influence the performance of any act related to the employment or function of any public officer, public employee, juror or witness.
(1) Bribery is a class a misdemeanor.
SG Above- Admin
- Posts : 9
Join date : 2015-11-08 -
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum|
|
|