San Andreas Penal Code (PEN / PC)¶
Title I. General Provisions¶
PC §001. Short Title¶
This enactment shall be known and may be cited as the San Andreas Penal Code or SAPC.
PC §002. Purpose and Intent¶
- (a) The purpose of this Code is to define criminal conduct within the State of San Andreas, prescribe penalties, and establish a uniform body of law.
- (b) This Code shall be liberally construed to promote justice, protect the public, and secure the safety and welfare of the People of San Andreas.
- (c) It is the intent of the Legislature that this Code be modeled upon the laws of the State of California, while adapting them for the unique legal and social circumstances of San Andreas.
PC §003. Jurisdiction¶
- (a) The provisions of this Code apply to all offenses committed within the boundaries of the State of San Andreas, including but not limited to the County of Los Santos and the County of Blaine.
- (b) Enforcement of this Code is vested in recognized law enforcement agencies, including the Los Santos Police Department (LSPD), Los Santos County Sheriff’s Office (LSCSO), Blaine County Sheriff’s Office (BCSO), San Andreas State Troopers (SAST), and San Andreas Park Rangers (SAPR).
PC §004. Classification of Crimes¶
- (a) Felony. — A felony is an offense punishable by imprisonment in state prison for a term of twelve (12) months or more, by a fine of not less than two thousand dollars ($2,000), or by both.
- (b) Misdemeanor. — A misdemeanor is an offense punishable by imprisonment in county jail for a term of not more than twelve (12) months, by a fine of not less than five hundred dollars ($500), or by both.
- (c) Infraction. — An infraction is an offense punishable only by a fine not exceeding one thousand dollars ($1,000), unless otherwise specified by law. Infractions shall not constitute a criminal record.
PC §005. Sentencing and Punishment¶
- (a) Unless otherwise provided, each offense shall carry a minimum and maximum penalty expressed in terms of imprisonment, fines, or both.
- (b) The maximum aggregate sentence for all offenses arising from a single incident shall not exceed three hundred (300) months, unless judicial discretion determines otherwise in cases of aggravated or extraordinary circumstances.
- (c) Nothing in this section shall preclude imposition of a sentence of life imprisonment or death where expressly authorized by this Code.
PC §006. Sentencing Enhancements (General Rules)¶
- (a) Use of a Firearm. — Any felony committed with the use, display, or discharge of a firearm shall be subject to an additional term of sixty (60) months.
- (b) Against Peace Officers. — Any felony committed against a duly sworn peace officer, firefighter, or emergency medical personnel engaged in lawful duty shall be subject to an additional term of ninety (90) months.
- (c) Gang-Related Offenses. — Any felony committed for the benefit of, at the direction of, or in association with a criminal street gang shall be subject to an additional term of one hundred twenty (120) months.
- (d) Repeat Offenders. — Where a defendant has been previously convicted of the same or substantially similar offense within the preceding five (5) years, the penalty for a subsequent offense may be increased by up to fifty percent (50%).
- (e) Enhancements shall be imposed consecutively and shall not exceed the statutory maximums set forth in §005, except upon judicial determination.
PC §007. Defenses and Justifications¶
- (a) Conduct otherwise criminal may be justified or excused under the following circumstances:
- (1) Self-Defense. — A person may use reasonable force to defend themselves against an imminent threat of unlawful force.
- (2) Defense of Others. — A person may use reasonable force to protect another against an imminent threat of unlawful force.
- (3) Necessity. — Conduct may be excused where necessary to prevent a greater harm.
- (4) Duress. — A person is not guilty of an offense if compelled to engage in the conduct by threat of imminent death or serious bodily harm.
- (b) The burden of raising a defense rests upon the defendant; the burden of disproving it beyond a reasonable doubt rests upon the prosecution.
PC §008. Licensing Systems (General)¶
- (a) Drivers’ Licenses. — Classes shall include: Class A (motorcycle), Class B (general motor vehicle), and Class C (commercial/heavy). The Department of Motor Vehicles shall administer issuance, suspension, and revocation. See Vehicle & Traffic Code for offenses and point impacts.
- (b) Firearms. — A General Firearms License (GFL) and, where applicable, a Concealed Carry Weapons (CCW) endorsement shall be required for lawful possession or concealed carrying of firearms.
- (c) Outdoors. — Hunting and fishing licenses shall be required for the taking of wildlife or fish, as governed by the Fish & Game Code.
- (d) Aircraft. — Pilot licenses shall be required for operation of fixed-wing aircraft or rotorcraft, as governed by the Aviation and Transportation Codes.
PC §009. Rules of Construction¶
- (a) Words and phrases used in this Code shall be construed according to their plain meaning unless specifically defined.
- (b) The singular includes the plural and vice versa.
- (c) The masculine includes the feminine and vice versa.
- (d) Penal statutes shall be strictly construed in favor of the defendant, but ambiguities shall not be interpreted to defeat the legislative purpose of protecting public safety.
PC §010. Definitions¶
For purposes of this Code, unless otherwise specifically provided:
- (a) “Person.” — Includes natural persons and, where applicable, corporations, partnerships, associations, and other legal entities.
- (b) “Peace Officer.” — Any duly sworn law-enforcement officer employed by an agency recognized under §003.
- (c) “Deadly Weapon.” — Any instrument or device which, in the manner of its use or intended use, is capable of producing death or great bodily injury (e.g., firearms, knives, explosives, blunt instruments).
- (d) “Firearm.” — Any device designed to expel a projectile by force of an explosion or combustion, including pistols, revolvers, rifles, shotguns, and automatic weapons.
- (e) “Loaded Firearm.” — A firearm is “loaded” when a round is in the firing chamber or cylinder, or when a magazine containing ammunition is inserted into the firearm.
- (f) “Large-Capacity Magazine.” — A magazine designed to accept more than thirty (30) rounds of ammunition.
- (g) “Concealed.” — Hidden from ordinary observation of a reasonable person, even if not completely invisible.
- (h) “Motor Vehicle.” — Any vehicle that is self-propelled and designed for use on public roads, excluding human-powered devices.
- (i) “Dwelling.” — Any building or structure, whether permanent or temporary, used or intended for use as human habitation.
- (j) “Inhabited.” — A dwelling is “inhabited” if used for lodging by any person, whether or not any person is present at the time of the offense.
- (k) “Public Place.” — Any place open to the general public, whether publicly or privately owned, including streets, highways, sidewalks, parks, and businesses accessible to patrons.
- (l) “Public Conveyance.” — A vehicle providing public transportation service, including buses, trams, rail/metro, ferries, or similar conveyances in service.
- (m) “Controlled Substance.” — Any drug or chemical listed under the San Andreas Health & Safety Code schedules adopted in Title V of this Code.
- (n) “Bodily Injury.” — Physical pain, illness, or any impairment of physical condition.
- (o) “Great Bodily Injury (GBI).” — A significant or substantial physical injury greater than minor or moderate harm; examples include bone fractures, deep lacerations requiring sutures, loss or protracted impairment of a bodily member or organ, or injuries creating a substantial risk of death.
- (p) “Serious Bodily Injury (SBI).” — For purposes of this Code, has the same meaning as Great Bodily Injury (GBI) unless a section explicitly distinguishes the two.
- (q) “Malice Aforethought.” — The deliberate intention unlawfully to take away the life of another, or acting with conscious disregard for human life.
- (r) “Criminal Street Gang.” — Any ongoing association of three (3) or more persons, whether formal or informal, with a common name or identifying sign, symbol, or color, having as one of its primary activities the commission of criminal acts.
- (s) “Enterprise.” — For racketeering (§342), any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.
- (t) “Destructive Device.” — Any explosive, bomb, grenade, or similar device designed to explode or cause mass damage; excludes lawful pyrotechnics where expressly authorized.
- (u) “Under the Influence.” — Impairment of a person’s physical or mental abilities to an appreciable degree, as shown by observation, admissions, or lawful chemical tests (see also VEH §202(b); PC §431(b)).
- (v) “Value” (Theft/Property Offenses). — Fair-market value at the time and place of the offense; if not readily ascertainable, replacement cost or other competent evidence may establish value.
- (w) “Property.” — “Real property” (land and fixtures) and “personal property” (movables, money, choses in action, and digital assets).
- (x) “Knowingly,” “Willfully,” “Recklessly,” and “Criminal Negligence.” —
- (1) Knowingly: awareness of the nature of one’s conduct or attendant facts;
- (2) Willfully: purposeful conduct; an intent to do the act (not necessarily to break the law);
- (3) Recklessly: conscious disregard of a substantial and unjustifiable risk;
- (4) Criminal Negligence: gross deviation from the standard of care a reasonable person would exercise, creating a high risk of harm.
- (y) “Conviction.” — A judgment following a plea of guilty, a verdict of guilty, or a finding of guilt by a court of competent jurisdiction.
- (z) “Infraction Record.” — A record of adjudicated infractions, which shall not constitute a criminal record and shall not be used to enhance sentencing for subsequent offenses.
Title II. Crimes Against Persons¶
Chapter 1. Homicide¶
PC §101. Murder (First Degree)¶
- (a) Definition. — Any person who unlawfully and intentionally kills another human being with premeditation and deliberation is guilty of murder in the first degree.
- (b) Punishment. — Murder in the first degree is a felony punishable by imprisonment for not less than one hundred eighty (180) months and not more than two hundred forty (240) months, by a fine of not less than thirty-five thousand dollars ($35,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Special Circumstances. — Murder in the first degree shall be punishable by life imprisonment without parole, or by death, where one or more of the following circumstances are found:
- (1) The murder was committed against a peace officer or firefighter in the performance of lawful duty;
- (2) The murder was committed during the commission of kidnapping, robbery, burglary, or rape;
- (3) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity.
- (d) Enhancements. — Sentencing is subject to §006.
- (e) Defenses. — Conduct may be justified under §007.
PC §102. Murder (Second Degree)¶
- (a) Definition. — Any person who unlawfully kills another human being with malice aforethought, but without premeditation and deliberation, is guilty of murder in the second degree.
- (b) Punishment. — Murder in the second degree is a felony punishable by imprisonment for not less than one hundred twenty (120) months and not more than one hundred eighty (180) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Enhancements. — Sentencing is subject to §006.
- (d) Cross-References. — See §007.
PC §103. Manslaughter (Voluntary)¶
- (a) Definition. — Any person who unlawfully kills another human being upon a sudden quarrel or in the heat of passion is guilty of voluntary manslaughter.
- (b) Punishment. — Voluntary manslaughter is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Mitigations. — The court may consider provocation or diminished capacity in accordance with §007.
- (d) Cross-References. — See [§007] (Defenses & Justifications).
PC §104. Manslaughter (Involuntary)¶
- (a) Definition. — Any person who, without intent to cause death, unlawfully kills another human being in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act in an unlawful manner, is guilty of involuntary manslaughter.
- (b) Punishment. — Involuntary manslaughter is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than sixty (60) months, by a fine of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000), or by both.
- (c) Cross-References. — See §007.
PC §105. Vehicular Manslaughter¶
- (a) Definition. — Any person who, through the operation of a motor vehicle, unlawfully kills another human being without malice aforethought is guilty of vehicular manslaughter.
- (b) Degrees. — Vehicular manslaughter shall be classified as follows:
- (1) Gross Negligence. — Where the defendant acted with gross negligence, punishment shall be imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (2) Negligence. — Where the defendant acted with ordinary negligence, punishment shall be imprisonment for not less than twelve (12) months and not more than thirty-six (36) months, by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Special Circumstances. — Vehicular manslaughter while intoxicated, or during unlawful flight from law enforcement, shall be punished as murder in the second degree under §102.
- (d) Cross-References. — See Vehicle Code VEH §201.
PC §106. Attempted Murder¶
- (a) Definition. — Any person who, with intent to unlawfully kill another human being, takes a direct but ineffectual act toward the commission of murder, is guilty of attempted murder.
- (b) Punishment. — Attempted murder is a felony punishable by imprisonment for not less than one hundred twenty (120) months and not more than one hundred eighty (180) months, by a fine of not less than twenty thousand dollars ($20,000) and not more than forty thousand dollars ($40,000), or by both.
- (c) Degrees. — If the attempted murder would have been first degree murder had it been completed, the offense shall be punished accordingly.
- (d) Enhancements. — Sentencing is subject to §006.
Chapter 2. Assaults & Batteries¶
PC §111. Assault¶
- (a) Definition. — Any person who unlawfully attempts, coupled with a present ability, to commit a violent injury upon the person of another, is guilty of assault.
- (b) Punishment. — Assault is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than six (6) months, by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or by both.
- (c) Cross-References. — See §007.
PC §112. Assault with a Deadly Weapon¶
- (a) Definition. — Any person who commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury, is guilty of assault with a deadly weapon.
- (b) Punishment. — Assault with a deadly weapon is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000), or by both.
- (c) Enhancements. — Sentencing is subject to §006.
PC §113. Battery¶
- (a) Definition. — Any person who willfully and unlawfully uses force or violence upon the person of another is guilty of battery.
- (b) Punishment. — Battery is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Cross-References. — See §007.
PC §114. Battery Causing Great Bodily Injury¶
- (a) Definition. — Any person who commits a battery upon another person and thereby inflicts great bodily injury is guilty of battery causing great bodily injury.
- (b) Punishment. — Battery causing great bodily injury is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Enhancements. — Sentencing is subject to §006.
PC §115. Battery on a Peace Officer¶
- (a) Definition. — Any person who commits a battery upon a peace officer, firefighter, or emergency medical personnel engaged in the lawful performance of their duties is guilty of battery on a peace officer.
- (b) Punishment. — Battery on a peace officer is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than thirty thousand dollars ($30,000), or by both.
- (c) Enhancements. — In addition to §006, a conviction under this section shall not be eligible for reduction to a misdemeanor.
PC §116. Aggravated Assault¶
- (a) Definition. — Any person who commits an assault under circumstances involving the intent to commit robbery, rape, mayhem, or murder, is guilty of aggravated assault.
- (b) Punishment. — Aggravated assault is a felony punishable by imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than twenty thousand dollars ($20,000) and not more than forty thousand dollars ($40,000), or by both.
- (c) Cross-References. — See §101, §131.
PC §117. Mayhem¶
- (a) Definition. — Any person who unlawfully and maliciously deprives a human being of a member of their body, disables, disfigures, or renders it useless, cuts or disables the tongue, puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.
- (b) Punishment. — Mayhem is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred eighty (180) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Aggravated Mayhem. — Where the act was committed with intent to cause permanent disability or disfigurement, punishment shall be life imprisonment.
- (d) Cross-References. — See §006.
Chapter 3. Kidnapping & Related Offenses¶
PC §121. Kidnapping¶
- (a) Definition. — Any person who forcibly, or by any other means of instilling fear, steals, takes, holds, detains, or arrests any person and carries the person into another place, is guilty of kidnapping.
- (b) Punishment. — Kidnapping is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than twenty thousand dollars ($20,000) and not more than forty thousand dollars ($40,000), or by both.
- (c) Cross-References. — See §007.
PC §122. Aggravated Kidnapping¶
- (a) Definition. — Any person who kidnaps another person under one or more of the following circumstances is guilty of aggravated kidnapping:
- (1) The kidnapping was committed for ransom, reward, or to commit extortion;
- (2) The kidnapping was committed to facilitate the commission of robbery, rape, or murder;
- (3) The victim suffers great bodily injury or death as a result of the kidnapping;
- (4) The victim is transported across county lines within the State of San Andreas for unlawful purposes.
- (b) Punishment. — Aggravated kidnapping is a felony punishable by imprisonment for not less than one hundred twenty (120) months and not more than life imprisonment, by a fine of not less than fifty thousand dollars ($50,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Special Circumstances. — Where aggravated kidnapping results in the death of a victim, the offense shall be punishable by death or life imprisonment without the possibility of parole.
- (d) Enhancements. — Sentencing is subject to §006.
PC §123. False Imprisonment¶
- (a) Definition. — Any person who unlawfully violates the personal liberty of another by detaining, confining, or restraining that person without legal authority is guilty of false imprisonment.
- (b) Punishment. — False imprisonment is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Aggravated False Imprisonment. — Where the offense is effected by violence, menace, fraud, or deceit, the crime shall be a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000), or by both.
PC §124. Human Trafficking¶
- (a) Definition. — Any person who deprives or violates the personal liberty of another with the intent to obtain forced labor, services, sexual exploitation, or financial gain, is guilty of human trafficking.
- (b) Punishment. — Human trafficking is a felony punishable by imprisonment for not less than one hundred twenty (120) months and not more than life imprisonment, by a fine of not less than seventy-five thousand dollars ($75,000) and not more than two hundred fifty thousand dollars ($250,000), or by both.
- (c) Aggravated Human Trafficking. — Where the victim is subjected to great bodily injury, or where multiple victims are involved, the offense shall be punishable by life imprisonment without parole.
- (d) Cross-References. — See §122, §131.
Chapter 4. Robbery & Extortion¶
PC §131. Robbery¶
- (a) Definition. — Robbery is the felonious taking of personal property in the possession of another, from their person or immediate presence, and against their will, accomplished by means of force or fear.
- (b) Punishment. — Robbery is a felony punishable by imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than forty thousand dollars ($40,000), or by both.
- (c) Degrees. —
- (1) First Degree. — Robbery committed in an inhabited dwelling, against a driver or passenger of a motor vehicle, or against a person using an automated teller machine (ATM), shall be punished by imprisonment for not less than seventy-two (72) months and not more than one hundred fifty (150) months.
- (2) Second Degree. — All other robberies shall be punished as provided in subsection - (b).
- (d) Enhancements. — Sentencing is subject to §006.
PC §132. Armed Robbery¶
- (a) Definition. — Any robbery committed while the defendant is armed with a firearm or deadly weapon is guilty of armed robbery.
- (b) Punishment. — Armed robbery is a felony punishable by imprisonment for not less than ninety-six (96) months and not more than one hundred eighty (180) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
- (c) Special Circumstances. — Where the firearm is discharged during the commission of the robbery, the offense shall be punishable by life imprisonment.
- (d) Cross-References. — See §101, §112.
PC §133. Carjacking¶
- (a) Definition. — Carjacking is the felonious taking of a motor vehicle in the possession of another, from their person or immediate presence, or from the presence of a passenger, against their will and accomplished by means of force or fear.
- (b) Punishment. — Carjacking is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than twenty thousand dollars ($20,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Enhancements. — If the carjacking is committed while armed with a firearm or deadly weapon, an additional sixty (60) months shall be imposed pursuant to §006.
PC §134. Extortion¶
- (a) Definition. — Extortion is the obtaining of property or other consideration from another, with their consent, induced by wrongful use of force or fear, or under color of official right.
- (b) Punishment. — Extortion is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than ten thousand dollars ($10,000) and not more than thirty thousand dollars ($30,000), or by both.
- (c) Aggravated Extortion. — Where extortion is committed against a peace officer, public official, or involves threats of great bodily injury or death, the offense shall be punishable by imprisonment for not less than ninety-six (96) months and not more than one hundred eighty (180) months, or by life imprisonment where death results.
- (d) Cross-References. — See §122, §211.
Chapter 5. Sexual Offenses¶
PC §141. Rape¶
- (a) Definition. — Any person who engages in sexual intercourse with another person without the consent of that person, and accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury, is guilty of rape.
- (b) Punishment. — Rape is a felony punishable by imprisonment for not less than one hundred twenty (120) months and not more than two hundred forty (240) months, by a fine of not less than fifty thousand dollars ($50,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Special Circumstances. — Where the victim suffers great bodily injury, or where multiple offenders participate, the crime shall be punishable by life imprisonment.
- (d) Cross-References. — See §007.
PC §142. Sexual Assault¶
- (a) Definition. — Any person who, by means of coercion, fraud, intoxication, or incapacity of the victim, engages in any sexual act with another without their consent is guilty of sexual assault.
- (b) Punishment. — Sexual assault is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Cross-References. — See §141.
PC §143. Sexual Battery¶
- (a) Definition. — Any person who touches the intimate parts of another person against their will, for the purpose of sexual arousal, gratification, or abuse, is guilty of sexual battery.
- (b) Punishment. — Sexual battery is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Aggravated Sexual Battery. — Where the offense results in great bodily injury, is committed with a deadly weapon, or is committed against a person who is incapacitated due to intoxication or unconsciousness, the offense shall be punishable by imprisonment for not less than seventy-two (72) months and not more than one hundred fifty (150) months.
PC §144. Spousal Rape¶
- (a) Definition. — Any person who engages in sexual intercourse with their spouse against the will of the spouse, and accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury, is guilty of spousal rape.
- (b) Punishment. — Spousal rape is a felony punishable by imprisonment for not less than ninety-six (96) months and not more than one hundred eighty (180) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
PC §145. Unlawful Sexual Restraint¶
- (a) Definition. — Any person who unlawfully restrains, confines, or detains another person with the intent to subject that person to sexual activity against their will is guilty of unlawful sexual restraint.
- (b) Punishment. — Unlawful sexual restraint is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than twenty thousand dollars ($20,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Cross-References. — See §121, §122.
Chapter 6. Stalking, Harassment & Threats¶
PC §151. Criminal Threats¶
- (a) Definition. — Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another, with the specific intent that the statement is taken as a threat, and which causes the person threatened reasonably to be in sustained fear for their safety or the safety of their immediate family, is guilty of criminal threats.
- (b) Punishment. — Criminal threats is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Cross-References. — See §007.
PC §152. Harassment¶
- (a) Definition. — Any person who engages in a course of conduct directed at a specific person that seriously alarms, annoys, or harasses, and that serves no legitimate purpose, thereby causing substantial emotional distress, is guilty of harassment.
- (b) Punishment. — Harassment is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), or by both.
PC §153. Stalking¶
- (a) Definition. — Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with intent to place that person in reasonable fear for their safety or the safety of their immediate family, is guilty of stalking.
- (b) Punishment. — Stalking is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Aggravated Stalking. — Where the stalking occurs in violation of a restraining order, protective order, or probation condition, the punishment shall be imprisonment for not less than seventy-two (72) months and not more than one hundred fifty (150) months.
- (d) Cross-References. — See §152.
PC §154. Intimidation of Witnesses and Victims¶
- (a) Definition. — Any person who knowingly and maliciously prevents or dissuades, or attempts to prevent or dissuade, any witness or victim from attending or giving testimony at any legal proceeding, reporting a crime, or assisting in prosecution, is guilty of intimidation of witnesses and victims.
- (b) Punishment. — Intimidation of witnesses and victims is a felony punishable by imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than twenty thousand dollars ($20,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Cross-References. — See §006.
PC §155. Terroristic Threats¶
- (a) Definition. — Any person who threatens to commit a violent act with intent to terrorize, cause evacuation of a building, facility, or public place, or otherwise cause serious public disruption, is guilty of terroristic threats.
- (b) Punishment. — Terroristic threats is a felony punishable by imprisonment for not less than ninety-six (96) months and not more than one hundred eighty (180) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
- (c) Special Circumstances. — Where the threat is accompanied by possession of a destructive device, explosive, or firearm, the offense shall be punishable by life imprisonment.
Chapter 7. Other Personal Offenses¶
PC §161. Torture¶
- (a) Definition. — Any person who, with intent to cause cruel or extreme pain and suffering for revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon another person, is guilty of torture.
- (b) Punishment. — Torture is a felony punishable by imprisonment for life without possibility of parole, or by death where authorized under §005.
- (c) Cross-References. — See §117.
PC §162. Elder or Dependent Abuse¶
- (a) Definition. — Any person who willfully causes or permits any elder or dependent adult to suffer unjustifiable physical pain or mental suffering, or willfully causes or permits the person to be placed in a situation endangering their health, is guilty of elder or dependent abuse.
- (b) Punishment. — Elder or dependent abuse is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Cross-References. — See §153.
PC §163. Reckless Endangerment¶
- (a) Definition. — Any person who recklessly engages in conduct which creates a substantial risk of death or serious bodily injury to another person is guilty of reckless endangerment.
- (b) Punishment. — Reckless endangerment is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
- (c) Aggravated Reckless Endangerment. — Where the conduct results in great bodily injury, the offense shall be punishable by imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months.
PC §164. Hazing¶
- (a) Definition. — Any person who, in the course of initiation into or affiliation with any organization, intentionally or recklessly engages in conduct which endangers the physical or mental health of another person, is guilty of hazing.
- (b) Punishment. — Hazing is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Aggravated Hazing. — Where hazing results in death or great bodily injury, the offense shall be a felony punishable by imprisonment for not less than thirty-six (36) months and not more than one hundred twenty (120) months.
PC §165. Criminal Negligence Resulting in Injury¶
- (a) Definition. — Any person who, through criminal negligence, causes bodily injury to another person is guilty of criminal negligence resulting in injury.
- (b) Punishment. — Criminal negligence resulting in injury is a misdemeanor punishable by imprisonment for not less than six (6) months and not more than eighteen (18) months, by a fine of not less than two thousand dollars ($2,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Felony Negligence. — Where the conduct results in great bodily injury, the offense shall be a felony punishable by imprisonment for not less than twenty-four (24) months and not more than sixty (60) months.
Title III. Crimes Against Property¶
Chapter 1. Theft & Related Offenses¶
PC §201. Theft (General)¶
- (a) Definition. — Theft is the unlawful taking of the personal property of another, with the intent to permanently deprive the owner of its possession.
- (b) Punishment. — Theft is punishable as provided in §202 or §203, depending on the value of the property taken.
PC §202. Grand Theft¶
- (a) Definition. — Grand theft is committed when the value of the property taken exceeds five thousand dollars ($5,000), or where the property taken is a firearm, motor vehicle, or livestock, regardless of value.
- (b) Punishment. — Grand theft is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
- (c) Aggravated Grand Theft. — Where the value of the property exceeds fifty thousand dollars ($50,000), punishment shall be imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
PC §203. Petty Theft¶
- (a) Definition. — Petty theft is theft where the value of the property taken does not exceed five thousand dollars ($5,000), and which does not otherwise constitute grand theft.
- (b) Punishment. — Petty theft is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000), or by both.
PC §204. Shoplifting¶
- (a) Definition. — Shoplifting is the unlawful entry into a commercial establishment during regular business hours with intent to commit petty theft or grand theft therein.
- (b) Punishment. — Shoplifting is a misdemeanor where the value of the property does not exceed five thousand dollars ($5,000), punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Felony Shoplifting. — Where the value of the property exceeds five thousand dollars ($5,000), shoplifting shall be punished as grand theft under §202.
PC §205. Embezzlement¶
- (a) Definition. — Any person who fraudulently appropriates property entrusted to them for their own use is guilty of embezzlement.
- (b) Punishment. — Embezzlement is a felony punishable by imprisonment for not less than twelve (12) months and not more than sixty (60) months, by a fine of not less than five thousand dollars ($5,000) and not more than thirty thousand dollars ($30,000), or by both.
- (c) Cross-References. — See §202.
PC §206. Receiving Stolen Property¶
- (a) Definition. — Any person who buys, receives, conceals, sells, or withholds property, knowing the property to be stolen, is guilty of receiving stolen property.
- (b) Punishment. — Receiving stolen property is a felony punishable by imprisonment for not less than twelve (12) months and not more than thirty-six (36) months, by a fine of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000), or by both.
- (c) Presumption. — Possession of property recently stolen, without satisfactory explanation, may give rise to an inference of knowledge that the property was stolen.
PC §207. Theft of Services¶
- (a) Definition. — Any person who obtains labor, professional services, or the use of accommodations, facilities, or utilities by fraud, false pretense, or without payment, is guilty of theft of services.
- (b) Punishment. — Theft of services is a misdemeanor punishable by imprisonment for not less than six (6) months and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Felony Theft of Services. — Where the value of services obtained exceeds five thousand dollars ($5,000), the offense shall be a felony punishable as provided in §202.
Chapter 2. Burglary & Trespass¶
PC §211. Burglary (First Degree)¶
- (a) Definition. — Any person who enters an inhabited dwelling, house, apartment, or other residential structure with intent to commit larceny or any felony therein is guilty of burglary in the first degree.
- (b) Punishment. — First degree burglary is a felony punishable by imprisonment for not less than seventy-two (72) months and not more than one hundred eighty (180) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
- (c) Cross-References. — See §202, §101.
PC §212. Burglary (Second Degree)¶
- (a) Definition. — Any burglary not amounting to first degree burglary shall be burglary in the second degree, including entry into commercial structures, vehicles, or non-inhabited buildings with intent to commit theft or a felony.
- (b) Punishment. — Second degree burglary is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than ten thousand dollars ($10,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Cross-References. — See §204.
PC §213. Possession of Burglary Tools¶
- (a) Definition. — Any person who possesses tools, instruments, or devices commonly used for the commission of burglary, with intent to use them unlawfully, is guilty of possession of burglary tools.
- (b) Punishment. — Possession of burglary tools is a misdemeanor punishable by imprisonment for not less than six (6) months and not more than eighteen (18) months, by a fine of not less than two thousand dollars ($2,000) and not more than ten thousand dollars ($10,000), or by both.
PC §214. Unlawful Entry¶
- (a) Definition. — Any person who enters any building, structure, vehicle, vessel, or aircraft without consent or lawful authority is guilty of unlawful entry.
- (b) Punishment. — Unlawful entry is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or by both.
PC §215. Trespassing¶
- (a) Definition. — Any person who willfully enters or remains upon land or property owned, occupied, or controlled by another without consent or lawful authority is guilty of trespassing.
- (b) Punishment. — Trespassing is an infraction punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000).
- (c) Cross-References. — See §214.
PC §216. Aggravated Trespassing¶
- (a) Definition. — Any person who, with intent to cause fear, enters or remains upon the property, dwelling, or workplace of another after having made a credible threat to that person, is guilty of aggravated trespassing.
- (b) Punishment. — Aggravated trespassing is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Cross-References. — See §153.
Chapter 3. Arson & Malicious Mischief¶
PC §221. Arson (First Degree)¶
- (a) Definition. — Any person who willfully and maliciously sets fire to, burns, or causes to be burned any inhabited dwelling, structure, or occupied property, is guilty of arson in the first degree.
- (b) Punishment. — First degree arson is a felony punishable by imprisonment for not less than one hundred twenty (120) months and not more than life imprisonment, by a fine of not less than fifty thousand dollars ($50,000) and not more than one hundred fifty thousand dollars ($150,000), or by both.
- (c) Cross-References. — See §101, §161.
PC §222. Arson (Second Degree)¶
- (a) Definition. — Any person who willfully and maliciously sets fire to, burns, or causes to be burned any structure, forest land, or property, not amounting to first degree arson, is guilty of arson in the second degree.
- (b) Punishment. — Second degree arson is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred eighty (180) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
PC §223. Attempted Arson¶
- (a) Definition. — Any person who, with intent to commit arson, takes a direct but ineffectual act toward setting fire to or burning property is guilty of attempted arson.
- (b) Punishment. — Attempted arson is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Cross-References. — See §221, §222.
PC §224. Reckless Burning¶
- (a) Definition. — Any person who recklessly sets fire to or burns any structure, forest land, or property, thereby causing damage or danger to life, is guilty of reckless burning.
- (b) Punishment. — Reckless burning is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
PC §225. Vandalism¶
- (a) Definition. — Any person who maliciously defaces, damages, or destroys any real or personal property not their own is guilty of vandalism.
- (b) Punishment. — Vandalism is punishable as follows:
- (1) Where the damage is less than five thousand dollars ($5,000), vandalism shall be a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or by both.
- (2) Where the damage is five thousand dollars ($5,000) or more, vandalism shall be a felony punishable by imprisonment for not less than twelve (12) months and not more than thirty-six (36) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Aggravated Vandalism. — Where the vandalism is committed against a place of worship, government facility, or involves the use of explosives, punishment shall be imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months.
- (d) Cross-References. — See §163.
Chapter 4. Fraud & Forgery¶
PC §231. Fraud (General)¶
- (a) Definition. — Any person who, with intent to unlawfully obtain property, money, services, or other benefit, uses false pretenses, misrepresentation, or deceit, is guilty of fraud.
- (b) Punishment. — Fraud is punishable as follows:
- (1) Where the value obtained does not exceed five thousand dollars ($5,000), fraud shall be a misdemeanor punishable by imprisonment for not less than six (6) months and not more than twelve (12) months, by a fine of not less than two thousand dollars ($2,000) and not more than ten thousand dollars ($10,000), or by both.
- (2) Where the value obtained exceeds five thousand dollars ($5,000), fraud shall be a felony punishable by imprisonment for not less than twelve (12) months and not more than sixty (60) months, by a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000), or by both.
PC §232. Forgery¶
- (a) Definition. — Any person who, with intent to defraud, signs the name of another, falsifies, alters, or counterfeits any writing, document, or instrument of legal significance, is guilty of forgery.
- (b) Punishment. — Forgery is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
- (c) Cross-References. — See §233.
PC §233. Counterfeiting¶
- (a) Definition. — Any person who falsely makes, forges, or alters currency, coins, bank notes, securities, or government-issued instruments with intent to defraud, is guilty of counterfeiting.
- (b) Punishment. — Counterfeiting is a felony punishable by imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Special Circumstances. — Where the offense involves large-scale manufacturing or distribution of counterfeit currency, punishment shall be life imprisonment.
PC §234. Bad Checks (Issuing Worthless Instruments)¶
- (a) Definition. — Any person who makes, draws, or delivers any check, draft, or order for payment of money, knowing at the time of making that they do not have sufficient funds or credit, is guilty of issuing bad checks.
- (b) Punishment. —
- (1) Where the value does not exceed five thousand dollars ($5,000), the offense shall be a misdemeanor punishable by imprisonment for not less than six (6) months and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or by both.
- (2) Where the value exceeds five thousand dollars ($5,000), the offense shall be a felony punishable by imprisonment for not less than twelve (12) months and not more than thirty-six (36) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
PC §235. Identity Theft¶
- (a) Definition. — Any person who willfully obtains, possesses, uses, or transfers the personal identifying information of another person without authorization, and with intent to defraud or commit a crime, is guilty of identity theft.
- (b) Punishment. — Identity theft is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Aggravated Identity Theft. — Where the offense involves the identity of five (5) or more victims, or results in losses exceeding fifty thousand dollars ($50,000), the punishment shall be imprisonment for not less than ninety-six (96) months and not more than one hundred eighty (180) months.
PC §236. Fraudulent Use of Access Devices¶
- (a) Definition. — Any person who unlawfully acquires, possesses, or uses credit cards, debit cards, account numbers, or electronic access devices to obtain money, goods, or services without consent, is guilty of fraudulent use of access devices.
- (b) Punishment. — Fraudulent use of access devices is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than forty thousand dollars ($40,000), or by both.
- (c) Cross-References. — See §235.
Chapter 5. Property Damage & Tampering¶
PC §241. Tampering with Utilities¶
- (a) Definition. — Any person who unlawfully interferes with or damages facilities providing electricity, water, gas, or telecommunications services is guilty of tampering with utilities.
- (b) Punishment. — Tampering with utilities is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Aggravated Tampering. — Where the conduct causes serious injury, death, or substantial disruption of essential services, punishment shall be imprisonment for not less than one hundred twenty (120) months and not more than life imprisonment.
PC §242. Computer Crimes (Unauthorized Access)¶
- (a) Definition. — Any person who knowingly and without authorization accesses, alters, damages, disrupts, or destroys computer systems, networks, data, or programs is guilty of unauthorized computer access.
- (b) Punishment. — Unauthorized computer access is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Aggravated Computer Crimes. — Where the conduct causes losses exceeding fifty thousand dollars ($50,000), compromises public safety systems, or involves critical infrastructure, punishment shall be imprisonment for not less than ninety-six (96) months and not more than one hundred eighty (180) months.
PC §243. Sabotage of Infrastructure¶
- (a) Definition. — Any person who willfully damages, disables, or interferes with public infrastructure, including transportation systems, bridges, tunnels, power plants, water facilities, or emergency communication systems, is guilty of sabotage of infrastructure.
- (b) Punishment. — Sabotage of infrastructure is a felony punishable by imprisonment for not less than ninety-six (96) months and not more than life imprisonment, by a fine of not less than fifty thousand dollars ($50,000) and not more than two hundred thousand dollars ($200,000), or by both.
- (c) Special Circumstances. — Where sabotage results in death, the offense shall be punishable by life imprisonment without parole or death.
PC §244. Damage to Public Property¶
- (a) Definition. — Any person who willfully and unlawfully destroys, defaces, or damages property owned or maintained by the State of San Andreas, or by its political subdivisions, is guilty of damage to public property.
- (b) Punishment. — Damage to public property is a felony punishable by imprisonment for not less than twelve (12) months and not more than sixty (60) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Cross-References. — See §225.
PC §245. Interference with Emergency Services¶
- (a) Definition. — Any person who unlawfully disables, obstructs, or interferes with emergency equipment, vehicles, or facilities, including fire hydrants, fire alarms, ambulances, and police equipment, is guilty of interference with emergency services.
- (b) Punishment. — Interference with emergency services is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Cross-References. — See §115, §155.
Chapter 6. Trespass to Chattels & Property Interference¶
PC §251. Vehicle Tampering¶
- (a) Definition. — Any person who unlawfully tampers with, interferes with, or damages a motor vehicle belonging to another without consent is guilty of vehicle tampering.
- (b) Punishment. — Vehicle tampering is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than twelve (12) months, by a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000), or by both.
- (c) Cross-References. — See PC §252 and PC §202
PC §252. Unauthorized Use of a Vehicle (“Joyriding”)¶
- (a) Definition. — Any person who drives or takes a vehicle not their own, without the owner’s consent and without intent to permanently deprive the owner of the vehicle, is guilty of unauthorized use of a vehicle.
- (b) Punishment. — Unauthorized use of a vehicle is a misdemeanor punishable by imprisonment for not less than six (6) months and not more than eighteen (18) months, by a fine of not less than two thousand dollars ($2,000) and not more than fifteen thousand dollars ($15,000), or by both.
- (c) Repeat Offenses. — A second or subsequent conviction under this section within five (5) years shall be punished as a felony by imprisonment for not less than twenty-four (24) months and not more than sixty (60) months.
PC §253. Trespass to Chattels¶
- (a) Definition. — Any person who intentionally and unlawfully interferes with the possession, use, or condition of personal property belonging to another is guilty of trespass to chattels.
- (b) Punishment. — Trespass to chattels is a misdemeanor punishable by imprisonment for not less than one (1) month and not more than six (6) months, by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000), or by both.
PC §254. Animal Cruelty¶
- (a) Definition. — Any person who maliciously and intentionally maims, mutilates, tortures, wounds, or kills a living animal, whether wild or domestic, is guilty of animal cruelty.
- (b) Punishment. — Animal cruelty is a felony punishable by imprisonment for not less than twelve (12) months and not more than sixty (60) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty-five thousand dollars ($25,000), or by both.
- (c) Exceptions. — Lawful hunting, fishing, trapping, animal husbandry, veterinary care, or acts otherwise authorized by the Fish & Game Code are not prohibited by this section.
PC §255. Livestock or Agricultural Property Interference¶
- (a) Definition. — Any person who unlawfully takes, injures, poisons, or interferes with livestock, crops, or other agricultural property is guilty of livestock or agricultural property interference.
- (b) Punishment. — The offense is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Cross-References. — See Fish & Game Code [§101] (Poaching, to be drafted).
PC §256. Unlawful Occupation of Property¶
- (a) Definition. — Any person who unlawfully occupies or uses the land, building, or movable property of another without consent, with intent to derive benefit or exclude lawful use, is guilty of unlawful occupation of property.
- (b) Punishment. — Unlawful occupation of property is a misdemeanor punishable by imprisonment for not less than six (6) months and not more than eighteen (18) months, by a fine of not less than two thousand dollars ($2,000) and not more than ten thousand dollars ($10,000), or by both.
Title IV. Crimes Against Public Peace & Safety¶
Chapter 1. Weapons Offenses¶
PC §301. Unlawful Possession of a Firearm¶
- (a) Definition. — Any person who owns, possesses, or controls a firearm without a valid General Firearms License (GFL), or who carries a firearm without a valid Concealed Carry Weapons (CCW) endorsement where required, is guilty of unlawful possession of a firearm.
- (b) Punishment. — Unlawful possession of a firearm is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
- (c) Cross-References. — See §008.
- (d) Sensitive Places — Possession/Carry Prohibited. — Notwithstanding licensure, it is unlawful to possess or carry a firearm (loaded or unloaded) in: courthouses and secure judicial areas; schools and school grounds; government buildings signed as weapon-free; jail, prison, or law-enforcement secure areas; airport sterile zones; private premises conspicuously posted as weapon-free; and other areas designated by law as weapon-free.
- (e) Sensitive Places — Punishment. — A violation of subsection (d) is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than forty thousand dollars ($40,000), or by both. Peace officers acting within the scope of duty are exempt.
PC §302. Unauthorized Possession by Class¶
- (a) Firearms shall be classified as follows:
- (1) Class 1 Firearms. — Pistols, revolvers, and handguns;
- (2) Class 2 Firearms. — Rifles and shotguns not otherwise prohibited;
- (3) Class 3 Firearms. — Automatic weapons, military-grade weapons, silenced weapons, explosives, high-powered rifles (.50 caliber or equivalent), and certain high-powered shotguns.
- (b) Prohibitions. —
- (1) No person shall possess a Class 1 firearm without a valid GFL.
- (2) No person shall possess a Class 2 firearm without a valid GFL specifically endorsed for Class 2 firearms.
- (3) No person shall possess a Class 3 firearm under any circumstances, unless specifically authorized for law enforcement, military, or government use.
- (c) Punishment. —
- (1) Class 1: felony; twelve (12) to thirty-six (36) months; $5,000–$20,000.
- (2) Class 2: felony; thirty-six (36) to ninety-six (96) months; $20,000–$50,000.
- (3) Class 3: felony; ninety-six (96) months to life; $50,000–$200,000.
PC §303. Carrying a Concealed Firearm without Permit¶
- (a) Definition. — Any person who carries concealed upon their person or in a vehicle a firearm without a valid CCW endorsement is guilty of unlawful concealed carry.
- (b) Punishment. — Felony; twelve (12) to thirty-six (36) months; $5,000–$15,000.
- (c) Duty to Disclose (Licensed Carriers). — A person lawfully carrying under a CCW who, during a lawful stop, fails to promptly disclose the presence of the concealed firearm upon request of a peace officer, is guilty of an infraction punishable by a fine of five hundred dollars ($500) to two thousand dollars ($2,000). A second or subsequent violation within twelve (12) months is a misdemeanor punishable by imprisonment for one (1) to six (6) months, by a fine of one thousand dollars ($1,000) to five thousand dollars ($5,000), or by both.
PC §304. Carrying a Loaded Firearm in Public¶
- (a) Definition. — Any person who carries a loaded firearm in a public place, upon a public street, or in a vehicle in public, without lawful authority or exemption, is guilty of carrying a loaded firearm in public.
- (b) Punishment. — Felony; twelve (12) to forty-eight (48) months; $5,000–$20,000.
- (c) Cross-References. — See §302.
PC §305. Brandishing a Firearm¶
- (a) Definition. — Any person who, except in lawful self-defense, draws, exhibits, or brandishes a firearm in a rude, angry, or threatening manner, or who unlawfully uses a firearm in a fight or quarrel, is guilty of brandishing a firearm.
- (b) Punishment. — Misdemeanor; six (6) to twelve (12) months; $1,000–$10,000.
PC §306. Unlawful Discharge of a Firearm¶
- (a) Definition. — Any person who willfully and unlawfully discharges a firearm in a public place, upon a public street, or in any manner that recklessly endangers the safety of others, is guilty of unlawful discharge of a firearm.
- (b) Punishment. — Felony; twenty-four (24) to seventy-two (72) months; $10,000–$35,000.
PC §307. Illegal Sale or Transfer of Firearms¶
- (a) Definition. — Any person who unlawfully sells, supplies, or transfers ownership of a firearm without lawful authority or proper licensing is guilty of illegal sale or transfer of firearms.
- (b) Punishment. — Felony; thirty-six (36) to ninety-six (96) months; $25,000–$75,000.
- (c) Aggravated Sale. — Where the transaction involves Class 3 firearms, explosives, or multiple weapons, the punishment shall be life imprisonment.
- (d) Straw Purchasing. — Purchasing or attempting to purchase a firearm on behalf of a prohibited person, or with intent to circumvent licensing/background requirements, is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
PC §308. Possession of Prohibited Devices¶
- (a) Definition. — Any person who possesses, manufactures, or sells silencers, bump stocks, large-capacity magazines (designed to accept more than 10 rounds), destructive devices, explosives, or other prohibited weaponry without lawful authority is guilty of possession of prohibited devices.
- (b) Punishment. — Felony; ninety-six (96) months to life; $50,000–$200,000.
- (c) Cross-References. — See §302.
- (d) Defaced or Unserialized Firearms. — Any firearm with an obliterated, altered, or removed serial number, or manufactured/possessed without required serialization, is a prohibited device for purposes of this section. Punishment: felony; thirty-six (36) to ninety-six (96) months; $15,000–$50,000.
- (e) Body Armor During Violent Felony. — Any person who wears or uses body armor while committing or attempting to commit a violent felony shall receive an additional consecutive term of twenty-four (24) to sixty (60) months.
PC §309. Unsafe Storage of Firearms¶
- (a) Offense. — Storing or leaving a firearm in a manner a reasonable person would know allows unauthorized access, including by prohibited persons, is unlawful.
- (b) Punishment. — Misdemeanor; one (1) to twelve (12) months; $1,000–$10,000. If an unauthorized person accesses the firearm and causes injury or uses it in a crime: felony; twenty-four (24) to seventy-two (72) months; $10,000–$50,000.
- (c) Safe harbors. — Use of a locked container, trigger/cable lock, or comparable security defeats liability absent gross negligence.
PC §310. Possession of a Firearm by a Prohibited Person¶
- (a) Offense. — Any person convicted of a felony, or subject to a qualifying protective order, who owns, possesses, or controls a firearm, is guilty of prohibited possession.
- (b) Punishment. — Felony; thirty-six (36) to ninety-six (96) months; $15,000–$50,000; firearm forfeited.
- (c) Cross-References. — See [§301]–[§308].
Chapter 2. Public Order Offenses¶
PC §311. Rioting¶
- (a) Definition. — Any use of force or violence, or any threat to use force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together and without authority of law, is guilty of rioting.
- (b) Punishment. — Felony; twenty-four (24) to seventy-two (72) months; $10,000–$35,000.
- (c) Aggravated Rioting. — Where the riot results in great bodily injury, significant property damage, or involves the use of firearms, the offense shall be punishable by imprisonment for not less than ninety-six (96) months and not more than one hundred eighty (180) months.
PC §312. Unlawful Assembly¶
- (a) Definition. — Any assembly of two (2) or more persons to do an unlawful act, or to do a lawful act in a violent, boisterous, or tumultuous manner, is guilty of unlawful assembly.
- (b) Punishment. — Misdemeanor; one (1) to six (6) months; $500–$5,000.
- (c) Failure to Disperse. — After a lawful order to disperse issued by a peace officer, refusal or failure to promptly disperse is a misdemeanor punishable by imprisonment for one (1) to six (6) months, by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000), or by both.
PC §313. Disturbing the Peace¶
- (a) Definition. — Any person who unlawfully fights in a public place, challenges another to fight, uses offensive words likely to provoke a violent reaction, or makes unreasonable noise to disturb others, is guilty of disturbing the peace.
- (b) Punishment. — Misdemeanor; one (1) to six (6) months; $500–$5,000.
PC §314. Disorderly Conduct¶
- (a) Definition. — Any person who engages in conduct that obstructs, disrupts, or endangers public peace, decency, or safety, including but not limited to lewd behavior, public fighting, or unreasonable obstruction of public ways, is guilty of disorderly conduct.
- (b) Punishment. — Misdemeanor; one (1) to twelve (12) months; $1,000–$10,000.
PC §315. Public Intoxication¶
- (a) Definition. — Any person found in a public place under the influence of alcohol or drugs to the degree that they are unable to care for their own safety, obstruct the free use of a public way, or endanger others, is guilty of public intoxication.
- (b) Punishment. — Misdemeanor; one (1) to six (6) months; $500–$5,000.
PC §316. Loitering with Criminal Intent¶
- (a) Definition. — Any person who loiters, prowls, or wanders in a place, at a time, or in a manner not usual for law-abiding individuals, under circumstances that warrant alarm for the safety of persons or property, and with intent to commit a crime, is guilty of loitering with criminal intent.
- (b) Punishment. — Misdemeanor; six (6) to twelve (12) months; $1,000–$7,500.
- (c) Cross-References. — See §215, §153.
PC §317. Indecent Exposure¶
- (a) Definition. — Any person who willfully and lewdly exposes their genitals or private parts in a public place, or in any place where there are present other persons to be offended or annoyed thereby, is guilty of indecent exposure.
- (b) Punishment. — Misdemeanor; one (1) to twelve (12) months; $1,000–$10,000.
- (c) Aggravation. — If committed to facilitate another offense (including but not limited to sexual assault, burglary, or obstruction), or after a prior conviction for this section, the offense is a felony punishable by imprisonment for twelve (12) to thirty-six (36) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
Chapter 3. Crimes Against Public Safety¶
PC §321. Possession of Explosives or Destructive Devices¶
- (a) Definition. — Any person who unlawfully possesses, manufactures, transports, or uses any explosive, bomb, grenade, or destructive device is guilty of possession of explosives or destructive devices.
- (b) Punishment. — Possession of explosives or destructive devices is a felony punishable by imprisonment for not less than ninety-six (96) months and not more than life imprisonment, by a fine of not less than fifty thousand dollars ($50,000) and not more than two hundred fifty thousand dollars ($250,000), or by both.
- (c) Cross-References. — See §308.
PC §322. Reckless Use of Explosives¶
- (a) Definition. — Any person who recklessly uses, detonates, or causes an explosive or destructive device to be used in a manner that endangers life or property is guilty of reckless use of explosives.
- (b) Punishment. — Reckless use of explosives is a felony punishable by imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than seventy-five thousand dollars ($75,000), or by both.
- (c) Special Circumstances. — Where reckless use of explosives causes death or great bodily injury, the offense shall be punishable by life imprisonment or death.
PC §323. Creating a Public Hazard¶
- (a) Definition. — Any person who unlawfully creates or maintains a condition that endangers the health, safety, or lives of the public, including the release of hazardous substances or interference with safety equipment, is guilty of creating a public hazard.
- (b) Punishment. — Creating a public hazard is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than thirty-five thousand dollars ($35,000), or by both.
PC §324. Hoax Devices¶
- (a) Definition. — Any person who possesses, manufactures, places, or reports the existence of a false bomb, explosive, or destructive device with intent to cause fear, panic, or disruption, is guilty of possession or use of hoax devices.
- (b) Punishment. — Possession or use of hoax devices is a felony punishable by imprisonment for not less than twelve (12) months and not more than forty-eight (48) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
- (c) Cross-References. — See §155.
PC §325. Interference with Emergency Aircraft or Vehicles¶
- (a) Definition. — Any person who interferes with, disables, or obstructs the lawful operation of any emergency aircraft, ambulance, or fire apparatus is guilty of interference with emergency aircraft or vehicles.
- (b) Punishment. — Interference with emergency aircraft or vehicles is a felony punishable by imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than fifteen thousand dollars ($15,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Special Circumstances. — Where the interference results in death or great bodily injury, the offense shall be punishable by life imprisonment.
- (d) Charging Guidance. — This section addresses interference with operation of emergency aircraft/vehicles. See §245 for interference with equipment/facilities. Counts may be cumulative only where distinct elements are proven.
PC §326. Reckless Discharge of Hazardous Substances¶
- (a) Definition. — Any person who unlawfully or recklessly discharges or disposes of hazardous chemicals, biological agents, or radioactive materials in a manner that endangers the public or the environment is guilty of reckless discharge of hazardous substances.
- (b) Punishment. — Reckless discharge of hazardous substances is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than thirty thousand dollars ($30,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Cross-References. — See Health & Safety Code [§401] (to be drafted).
Chapter 4. Obstruction of Justice & Resisting Authority¶
PC §331. Resisting Arrest¶
- (a) Definition. — Any person who willfully resists, delays, or obstructs a peace officer, firefighter, or emergency medical personnel in the lawful performance of their duties is guilty of resisting arrest.
- (b) Punishment. — Misdemeanor; one (1) to twelve (12) months; $1,000–$10,000.
- (c) Cross-References. — See §115.
PC §331A. Failure to Obey a Lawful Order¶
- (a) Offense. — Any person who, after receiving a clear and lawful order from a peace officer acting within the scope of duty, willfully refuses or fails to comply, is guilty of failure to obey a lawful order.
- (b) Punishment. — Misdemeanor; one (1) to six (6) months; $500–$5,000.
- (c) Cross-References. — See §312 (failure to disperse) and §332.
PC §332. Evading Police¶
- (a) Definition. — Any person who, with intent to avoid lawful detention or arrest, willfully flees from a peace officer in a motor vehicle or on foot is guilty of evading police.
- (b) Punishment. — Felony; twelve (12) to sixty (60) months; $5,000–$25,000.
- (c) Aggravated Evading. — Where the evasion involves reckless driving, high-speed pursuit, or endangers public safety, the offense shall be punishable by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months.
- (d) Cross-References. — See Vehicle Code VEH §224.
PC §333. Escape from Custody¶
- (a) Definition. — Any person who escapes or attempts to escape from lawful custody, including arrest, detention, or imprisonment, is guilty of escape from custody.
- (b) Punishment. — Felony; thirty-six (36) to ninety-six (96) months; $15,000–$40,000.
- (c) Special Circumstances. — If force or violence is used, punishment shall be ninety-six (96) months to life.
PC §334. Obstruction of Justice¶
- (a) Definition. — Any person who willfully obstructs, delays, or interferes with the administration of justice, including court proceedings, investigations, or prosecutions, is guilty of obstruction of justice.
- (b) Punishment. — Felony; twenty-four (24) to seventy-two (72) months; $10,000–$35,000.
PC §334A. False Identification to a Peace Officer¶
- (a) Offense. — During a lawful detention or arrest, knowingly providing a false name, date of birth, or identification, or presenting another’s identification as one’s own, is unlawful.
- (b) Punishment. — Misdemeanor; one (1) to six (6) months; $1,000–$5,000. If done to avoid arrest on a warrant or for a felony offense, the crime is a felony punishable by imprisonment for twelve (12) to thirty-six (36) months and a fine of five thousand dollars ($5,000) to twenty thousand dollars ($20,000).
- (c) Cross-References. — See §337.
PC §334B. Witness Intimidation or Tampering¶
- (a) Offense. — Any person who knowingly uses force, threat, intimidation, bribery, or deception to deter or influence a witness, victim, juror, or informant from reporting a crime, cooperating with law enforcement, or testifying in any proceeding, is guilty of witness intimidation or tampering.
- (b) Punishment. — Felony; thirty-six (36) to one hundred twenty (120) months; $15,000–$50,000. If accompanied by force or a weapon, the offense is punishable by imprisonment for ninety-six (96) months to life.
- (c) Cross-References. — See §342 (enterprise offenses) and §345.
PC §335. False Reporting of a Crime¶
- (a) Definition. — Any person who knowingly makes or causes a false report of a crime, emergency, or incident to any peace officer, firefighter, or emergency service, is guilty of false reporting of a crime.
- (b) Punishment. — Misdemeanor; one (1) to six (6) months; $500–$5,000.
- (c) Aggravated False Reporting (“Swatting”). — Where the false report prompts a significant emergency response, or creates a substantial risk of great bodily injury, the offense is a felony punishable by imprisonment for twenty-four (24) to sixty (60) months, by a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000), or by both. Restitution for response costs shall be ordered.
PC §336. Impersonation of a Peace Officer¶
- (a) Definition. — Any person who falsely represents themselves to be a peace officer, with intent to commit any unlawful act or to gain a benefit, is guilty of impersonation of a peace officer.
- (b) Punishment. — Felony; twenty-four (24) to seventy-two (72) months; $15,000–$50,000.
- (c) Cross-References. — See §134, §307.
PC §337. Destruction or Concealment of Evidence¶
- (a) Definition. — Any person who knowingly destroys, alters, or conceals evidence, with intent to prevent its use in an official proceeding or investigation, is guilty of destruction or concealment of evidence.
- (b) Punishment. — Felony; twelve (12) to forty-eight (48) months; $5,000–$20,000.
- (c) Cross-References. — See §334.
PC §338. Interference with 911/Emergency Calls¶
- (a) Offense. — Knowingly preventing or attempting to prevent another from placing a 911 or emergency call.
- (b) Punishment. — Misdemeanor; one (1) to twelve (12) months; $1,000–$10,000. If done during commission of a felony: felony; twenty-four (24) to sixty (60) months.
PC §339. Perjury¶
- (a) Offense. — Knowingly making a material false statement under oath in any official proceeding.
- (b) Punishment. — Felony; twenty-four (24) to seventy-two (72) months; $10,000–$35,000.
PC §340. Subornation of Perjury¶
- (a) Offense. — Willfully procuring another to commit perjury.
- (b) Punishment. — Felony; thirty-six (36) to ninety-six (96) months; $15,000–$50,000.
Chapter 5. Organized Criminal Activity¶
PC §341. Criminal Conspiracy¶
- (a) Definition. — Any person who conspires with one (1) or more persons to commit any crime, and who commits an overt act in furtherance of the conspiracy, is guilty of criminal conspiracy.
- (b) Punishment. — Criminal conspiracy is punishable by the same penalty prescribed for the underlying offense which was the object of the conspiracy.
- (c) Aggravated Conspiracy. — Where the conspiracy involves crimes of violence, drug trafficking, racketeering, or organized gang activity, the offense shall be punishable by imprisonment for not less than thirty-six (36) months and not more than one hundred twenty (120) months, in addition to any penalty for the underlying offense.
PC §342. Racketeering (Criminal Enterprise)¶
- (a) Definition. — Any person who engages in a pattern of racketeering activity, directly or indirectly acquiring or maintaining an interest in, or participating in the affairs of, an enterprise through criminal conduct, is guilty of racketeering.
- (b) Punishment. — Racketeering is a felony punishable by imprisonment for not less than ninety-six (96) months and not more than life imprisonment, by a fine of not less than one hundred thousand dollars ($100,000) and not more than one million dollars ($1,000,000), or by both.
- (c) Asset Forfeiture. — Upon conviction, any property or proceeds derived from racketeering activity shall be subject to seizure and forfeiture to the State of San Andreas.
PC §343. Participation in a Criminal Street Gang¶
- (a) Definition. — Any person who actively participates in a criminal street gang, with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in felony conduct by gang members, is guilty of participation in a criminal street gang.
- (b) Punishment. — Participation in a criminal street gang is a felony punishable by imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Enhancements. — Any felony committed for the benefit of, at the direction of, or in association with a criminal street gang shall be subject to an additional term of one hundred twenty (120) months, pursuant to §006.
PC §344. Aiding and Abetting¶
- (a) Definition. — Any person who aids, abets, counsels, commands, induces, or procures another person to commit a crime is guilty as a principal in the commission of that crime.
- (b) Punishment. — Aiding and abetting shall be punished in the same manner and to the same extent as the underlying offense.
PC §345. Harboring or Concealing Criminals¶
- (a) Definition. — Any person who harbors, conceals, or aids a person whom they know has committed a felony, with intent to help them avoid arrest, trial, conviction, or punishment, is guilty of harboring or concealing criminals.
- (b) Punishment. — Harboring or concealing criminals is a felony punishable by imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (c) Exceptions. — This section does not apply to spouses, domestic partners, parents, grandparents, children, grandchildren, or siblings of the offender, unless the offense involves murder, treason, or terrorism.
PC §346. Money Laundering¶
- (a) Definition. — Any person who conducts or attempts to conduct financial transactions involving proceeds of criminal activity, with the intent to conceal the source, ownership, or control of those proceeds, is guilty of money laundering.
- (b) Punishment. — Money laundering is a felony punishable by imprisonment for not less than sixty (60) months and not more than one hundred eighty (180) months, by a fine of not less than fifty thousand dollars ($50,000) and not more than five hundred thousand dollars ($500,000), or by both.
- (c) Asset Forfeiture. — Any property or funds derived from money laundering shall be seized and forfeited to the State of San Andreas.
Title V. Controlled Substances¶
Chapter 1. Drug Schedules, Possession, and Distribution¶
PC §401. Schedules and Classification¶
- (a) Adoption. — Controlled substances are classified into schedules by the San Andreas Health & Safety Code (HSC). This Code adopts those schedules for criminal enforcement.
- (b) Schedule I (Prohibited / High Risk; no accepted medical use). — Includes, without limitation: heroin, LSD, MDMA (ecstasy), psilocybin, PCP, mescaline.
- (c) Schedule II (High Risk / Limited Medical use). — Includes, without limitation: cocaine, methamphetamine, fentanyl, oxycodone, hydromorphone, amphetamine salts.
- (d) Schedule III (Moderate Risk). — Includes, without limitation: ketamine, anabolic steroids, codeine combinations (≤90 mg per dosage unit), buprenorphine.
- (e) Schedule IV (Lower Risk). — Includes, without limitation: benzodiazepines (alprazolam, diazepam), zolpidem, tramadol.
- (f) Marijuana (Cannabis). — Marijuana is lawful for adult possession and use as regulated; unlicensed sale or distribution remains unlawful under this Title. See §409.
PC §402. Measurement and Unit Equivalents¶
- (a) For powder substances, the weight shall be measured in grams (g).
- (b) For crystalline substances (“rock”/“crystal”), weight shall be measured in grams (g); when seized in solution, converted to dry-weight equivalents where practicable.
- (c) For liquids (tinctures, solutions), volume may be measured in milliliters (mL) and converted to pure-substance weight where practicable.
- (d) For tablets/capsules, quantity may be measured in dosage units (DU).
- (e) When a substance’s purity is unknown, gross (mixture) weight controls for threshold purposes.
PC §403. Personal Possession — General Rule (Schedules I–IV, excluding Marijuana)¶
- (a) Offense. — Any person who knowingly possesses a controlled substance without license, prescription, or other lawful authority is guilty of unlawful possession.
- (b) Charging tiers by Schedule and threshold (any mixture weight or DU):
- Schedule I / II
- (1) Misdemeanor: ≤50 g powder; ≤10 g crystal; ≤30 DU.
- (2) Felony: >50 g powder; >10 g crystal; >30 DU.
- Schedule III
- (1) Infraction: ≤28 g or ≤10 DU.
- (2) Misdemeanor: >28 g–≤200 g or >10–≤60 DU.
- (3) Felony: >200 g or >60 DU.
- Schedule IV
- (1) Infraction: ≤20 DU.
- (2) Misdemeanor: >20–≤100 DU.
- (3) Felony: >100 DU.
- (c) Punishment. —
- (1) Infraction: fine $500–$2,500.
- (2) Misdemeanor: imprisonment 1–12 months; fine $1,000–$10,000, or both.
- (3) Felony: imprisonment 12–60 months; fine $5,000–$35,000, or both.
- (d) Cross-References. — See enhancements in §413 and general rules in [PC §006].
PC §404. Possession of Prescription Drugs Without Authorization¶
- (a) Offense. — Possession of any prescription-only controlled substance absent a valid, current prescription issued to the possessor.
- (b) Presumption. — Possession of multiple unlabeled pill bottles or tablets removed from lawful packaging may give rise to an inference of unlawful possession.
- (c) Punishment. —
- (1) Misdemeanor for any quantity: imprisonment 1–12 months; fine $1,000–$10,000, or both.
- (2) Felony if >100 DU or in combination with [§410] (forgery/diversion): imprisonment 12–36 months; fine $5,000–$20,000, or both.
PC §405. Possession with Intent to Distribute (All Schedules & Marijuana)¶
- (a) Offense. — Possession of a controlled substance with intent to sell, deliver, furnish, or distribute, without lawful license or authorization.
- (b) Inference of intent. — Packaging for sale, scales, pay/owe sheets, large currency, or communications evidencing distribution may establish intent.
- (c) Punishment. — Felony, imprisonment 36–96 months; fine $25,000–$100,000, or both.
- (d) Schedule I/II aggravator. — If the substance is Schedule I or II, punishment shall be 60–144 months; fine $50,000–$200,000.
- (e) Cross-References. — Distribution enhancements [§413]; protected zones [§414].
PC §406. Manufacturing or Cultivation (Non-Marijuana)¶
- (a) Offense. — Manufacturing, synthesizing, compounding, extracting, cooking, or otherwise producing a controlled substance; operating or assisting a clandestine laboratory; or possessing specialized equipment or precursor chemicals with intent to manufacture.
- (b) Punishment. — Felony, imprisonment 96–240 months; fine $50,000–$250,000, or both.
- (c) Hazard enhancement. — Where manufacturing creates substantial risk of explosion, fire, or toxic exposure, punishment shall be 120 months–life.
- (d) Precursor control. — Possession, transfer, or acquisition of listed precursor chemicals with intent to manufacture is a felony, imprisonment 24–72 months; fine $10,000–$40,000.
PC §407. Paraphernalia¶
- (a) Definition. — Any equipment, product, or material designed or intended for manufacturing, preparing, testing, packaging, or consuming controlled substances, including but not limited to pipes, syringes, extraction columns, presses, pill molds, baggies, scales.
- (b) Offense. — Possession of paraphernalia with knowledge of its use.
- (c) Punishment. —
- (1) Infraction (first offense): fine $500–$2,500.
- (2) Misdemeanor (repeat / commercial intent): imprisonment 1–12 months; fine $1,000–$10,000.
- (3) Felony (with intent to manufacture or distribute): imprisonment 12–36 months; fine $5,000–$20,000.
- (d) Needle exchange / medical supply programs authorized by law are exempt.
PC §408. Maintaining a Drug Premises¶
- (a) Offense. — Knowingly maintaining, renting, using, or making available any building, room, vehicle, vessel, or aircraft for the purpose of unlawful manufacture, storage, use for profit, or distribution of controlled substances.
- (b) Punishment. — Felony, imprisonment 36–96 months; fine $25,000–$100,000, or both.
- (c) Asset Forfeiture. — Instruments and proceeds are subject to seizure and forfeiture to the State of San Andreas.
PC §409. Marijuana — Legal Possession and Licensed Sales¶
- (a) Adult possession/use. — Lawful for persons aged twenty-one (21) and older within limits set by HSC (personal possession and use).
- (b) Unlawful acts. —
- (1) Possession exceeding lawful limits.
- (2) Possession on school grounds, in correctional facilities, or while operating a motor vehicle.
- (c) Licensed sales. — Only state-licensed dispensaries and retailers may sell marijuana. Sales outside licensure are unlawful.
- (d) Punishment. —
- (1) Unlawful possession under (b): misdemeanor; one (1) to six (6) months; $500–$5,000.
- (2) Unlicensed sale: felony; thirty-six (36) to ninety-six (96) months; $25,000–$100,000.
- (3) Licensed violations (oversales / excess quantities): felony; thirty-six (36) to ninety-six (96) months; $25,000–$100,000.
- (e) Extraction safety. — Solvent-based extraction without proper licensing and safety compliance constitutes manufacturing under [§406].
- (f) Cross-References. — See VEH §201, VEH §205, VEH §207, and VEH §208.
PC §410. Prescription Fraud and Diversion¶
- (a) Forged or altered prescriptions. — Making, uttering, or presenting any forged/altered prescription for a controlled substance is a felony, imprisonment 12–48 months; fine $5,000–$20,000.
- (b) Doctor shopping. — Obtaining the same or similar controlled substance from multiple prescribers without disclosure, with intent to deceive, is a felony, imprisonment 12–36 months; fine $5,000–$15,000.
- (c) Pill mill operations. — Knowingly prescribing or dispensing controlled substances outside legitimate medical practice, for profit, is a felony, imprisonment 60–180 months; fine $50,000–$500,000, or both.
- (d) Unlawful possession of Rx blanks or labels with intent to defraud is a felony, imprisonment 12–36 months; fine $5,000–$20,000.
PC §411. Analog and Counterfeit Substances¶
- (a) Analog rule. — A substance substantially similar in chemical structure or effect to a scheduled substance, intended for human consumption, shall be treated as a controlled substance in the same schedule.
- (b) Counterfeit Rx / branding. — Manufacturing, possessing, or distributing pills or packaging bearing unauthorized trademarks or markings indicating a controlled pharmaceutical is a felony, imprisonment 36–96 months; fine $25,000–$100,000.
PC §412. Evidence of Quantity and Purity¶
- (a) The trier of fact may rely on laboratory analysis, field tests corroborated by laboratory analysis, chain-of-custody documentation, and credible expert testimony to establish identity, quantity, and schedule.
- (b) When purity is untested, gross weight controls.
PC §413. Distribution & Trafficking by Schedule¶
- (a) Unlawful sale, delivery, or distribution (without license):
- Schedule I / II: felony, imprisonment 60–144 months; fine $50,000–$200,000.
- Schedule III: felony, imprisonment 36–96 months; fine $25,000–$100,000.
- Schedule IV: felony, imprisonment 24–72 months; fine $10,000–$50,000.
- (b) Trafficking (large-scale manufacture/transport/import/export): felony, imprisonment 120 months–life; fine $100,000–$1,000,000.
- (c) Aggregation. — Quantities may be aggregated across containers or transactions forming part of a single scheme or plan.
- (d) Cross-References. — Racketeering [PC §342]; protected zones [§414].
PC §414. Distribution in Protected Zones¶
- (a) Offense. — Distributing controlled substances within 1,000 feet of schools, parks, playgrounds, or government buildings.
- (b) Punishment. — Felony, imprisonment 96–180 months; fine $50,000–$200,000, or both.
- (c) Cumulative. — Punishment under this section is consecutive to any other term imposed for the underlying offense.
PC §415. Public Use, Conveyances, and Workplaces¶
- (a) Public consumption of controlled substances (excluding marijuana where local ordinance permits) is unlawful: infraction $500–$2,500; second/subsequent misdemeanor, 1–6 months; $1,000–$5,000.
- (b) Possession or consumption of controlled substances in correctional facilities, courthouses, or secure government buildings is a felony, 24–72 months; $10,000–$40,000.
- (c) On-duty use. — Consumption or impairment by controlled substances while performing safety-sensitive employment (e.g., operating heavy machinery, aircraft, or public transit) is a misdemeanor, 1–12 months; $1,000–$10,000; felony if results in great bodily injury, 24–96 months.
PC §416. Defenses and Exceptions (Title V)¶
- (a) Lawful prescription or license is an affirmative defense to possession or distribution within its terms.
- (b) Authorized research, medical, pharmaceutical, or governmental activities are exempt as provided by HSC and applicable regulations.
- (c) General defenses apply under [PC §007].
PC §417. Sentencing, Enhancements, and Caps (Title V)¶
- (a) Sentences imposed under this Title are subject to [PC §005] (aggregate caps) and [PC §006] (enhancements), including firearm, gang, and repeat-offender provisions.
- (b) Repeat drug felonies within five (5) years may increase the term by up to fifty percent (50%) pursuant to [PC §006- (d)].
Chapter 2. Manufacturing, Precursors & Advanced Paraphernalia¶
PC §418. Clandestine Laboratory Operation¶
- (a) Definition. — Any person who knowingly sets up, operates, or assists in the operation of a clandestine laboratory for the manufacture, synthesis, extraction, or refinement of a controlled substance is guilty of clandestine laboratory operation.
- (b) Punishment. — Felony; imprisonment for not less than one hundred twenty (120) months and not more than life imprisonment, by a fine of not less than one hundred thousand dollars ($100,000) and not more than five hundred thousand dollars ($500,000), or by both.
- (c) Hazard Circumstances. — Where the operation involves pressurized gases, open flame heating, or creates a substantial risk of explosion, fire, or toxic exposure, punishment shall be life imprisonment.
- (d) Cross-References. — See §406, §323, and §326.
PC §419. Possession of Precursor Chemicals with Intent to Manufacture¶
- (a) Offense. — Possession, transfer, or acquisition of listed precursors, reagents, or solvents with intent to manufacture a controlled substance.
- (b) Punishment. — Felony; imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than forty thousand dollars ($40,000), or by both.
- (c) Aggravation. — Quantities exceeding commercial-retail norms, or possession of multiple listed items in combination with [§421] equipment, shall be punished by imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months.
- (d) Cross-References. — See §420 and §406(d).
PC §420. Listed Precursor Chemicals and Solvents¶
- (a) Scope. — Without limitation, the following are “listed” for purposes of [§419]: ephedrine, pseudoephedrine, phenyl-2-propanone (P2P), safrole, isosafrole, piperonal, nitroethane, red phosphorus, white phosphorus, iodine, hydriodic acid, acetic anhydride, methylamine, GBL (gamma-butyrolactone), 1,4-butanediol, benzyl chloride, toluene, acetone, ether, heptane, hexane, butane, propane, ethanol, isopropanol, hydrochloric acid, sodium/potassium hydroxide.
- (b) Evidentiary Rule. — Possession of unusually large quantities, possession in non-consumer packaging, or removal/defacement of lot labels may give rise to an inference of intent to manufacture under [§419].
- (c) Updates. — The Department of Public Health may designate additional listed chemicals by regulation.
PC §421. Possession of Specialized Manufacturing Equipment¶
- (a) Offense. — Possession of specialized equipment with intent to manufacture a controlled substance, including: rotary evaporators, vacuum ovens, reaction vessels with heating mantles, fractional distillation columns, pill/tablet presses, encapsulators, precision analytical balances, chromatography systems, extraction columns, or closed-loop hydrocarbon extractors.
- (b) Punishment. — Felony; imprisonment for not less than twelve (12) months and not more than thirty-six (36) months, by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or by both.
- (c) Aggravation. — Where equipment is operationally assembled with listed precursors present, chargeable in addition to §418 or §406.
PC §422. Unlawful Disposal of Manufacturing Waste¶
- (a) Offense. — Disposing of, releasing, or abandoning any waste, effluent, contaminated media, spent solvent, reagent, or by-product derived from controlled-substance manufacturing in a manner endangering public health or the environment.
- (b) Punishment. — Felony; imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than thirty thousand dollars ($30,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Restitution. — Mandatory restitution for emergency response, cleanup, remediation, and disposal costs to the State of San Andreas or affected political subdivisions.
- (d) Cross-References. — See §326.
PC §423. Fortified or Booby-Trapped Sites¶
- (a) Offense. — Installing, using, or maintaining fortifications, traps, improvised devices, or defensive wiring intended to injure, delay, or prevent entry by law enforcement or the public at a site used for unlawful manufacture or storage of controlled substances.
- (b) Punishment. — Felony; imprisonment for not less than ninety-six (96) months and not more than life imprisonment, by a fine of not less than fifty thousand dollars ($50,000) and not more than two hundred thousand dollars ($200,000), or by both.
PC §424. Unlawful Solvent-Based Cannabis Extraction¶
- (a) Offense. — Conducting butane, propane, ether, or other hydrocarbon or volatile-solvent extraction of cannabis without state licensure and compliance with safety regulations.
- (b) Punishment. — Felony; imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Hazard Enhancement. — If the extraction causes fire, explosion, or substantial public hazard, punishment shall be ninety-six (96) months to life.
- (d) Cross-References. — See §409(e) and §418.
PC §425. Adulteration and Lethal Cutting Agents¶
- (a) Offense. — Knowingly manufacturing, mixing, pressing, packaging, or distributing any controlled substance containing undisclosed lethal or materially dangerous adulterants or cutting agents, including but not limited to fentanyl or its analogs, at doses presenting a substantial risk of death or great bodily injury.
- (b) Punishment. — Felony; imprisonment for not less than sixty (60) months and not more than one hundred eighty (180) months, by a fine of not less than fifty thousand dollars ($50,000) and not more than two hundred fifty thousand dollars ($250,000), or by both.
- (c) Resulting Death or GBI. — Where death or great bodily injury results, the offense shall be punishable by imprisonment for one hundred twenty (120) months to life, without prejudice to charges under [PC §101–§105].
PC §426. Diversion of Laboratory Reagents or Pharmaceuticals¶
- (a) Offense. — Theft, unlawful sale, or diversion of laboratory-grade reagents, controlled intermediates, bulk active ingredients, or finished pharmaceuticals from healthcare, academic, or industrial facilities.
- (b) Punishment. — Felony; imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Record Tampering. — Falsifying chain-of-custody, inventory, or dispensing records: felony; imprisonment twelve (12) to forty-eight (48) months; fine $5,000–$20,000.
PC §427. Licensed Handler Recordkeeping & Reporting¶
- (a) Applicability. — Licensed pharmacies, dispensaries, manufacturers, chemical suppliers, and research institutions lawfully handling controlled substances or listed chemicals.
- (b) Offense. — Willful failure to maintain required acquisition, transfer, inventory, or dispensing records; failure to report loss, theft, or significant discrepancies; or willful violation of storage and security standards.
- (c) Punishment. —
- (1) Misdemeanor for negligent noncompliance: imprisonment one (1) to twelve (12) months; fine $1,000–$10,000.
- (2) Felony for willful or repeated noncompliance, or where diversion results: imprisonment twenty-four (24) to seventy-two (72) months; fine $10,000–$50,000.
- (d) Cumulative Remedies. — Penalties under this section are cumulative of administrative sanctions and do not preclude forfeiture under [PC §408] and [PC §346].
PC §428. Cost Recovery, Forfeiture, and Nuisance Abatement¶
- (a) Cost Recovery. — Courts shall order reimbursement of emergency response, environmental remediation, hazardous-waste transport/disposal, and property decontamination costs arising from violations of this Chapter.
- (b) Forfeiture. — Equipment, precursors, proceeds, and real or personal property used to facilitate offenses under this Chapter are subject to seizure and forfeiture, consistent with §346 and §408(c).
- (c) Nuisance. — Properties used as drug manufacturing sites may be declared a public nuisance and abated pursuant to court order.
PC §429. Attempt, Conspiracy, and Aiding¶
- (a) Attempt. — Attempted violations of this Chapter are punishable by one-half the imprisonment otherwise prescribed, unless a greater penalty is specified.
- (b) Conspiracy / Aiding. — Conspiracy and aiding/abetting liability apply as provided in §341 and §344, cumulative to penalties herein.
PC §430. Defenses and Exemptions (Chapter 2)¶
- (a) Lawful research, medical, pharmaceutical, industrial, or governmental activities conducted under license and in compliance with applicable safety and reporting regulations are exempt.
- (b) General defenses under [PC §007] apply.
- (c) Nothing herein narrows liability under [PC §418], [PC §406], [PC §323], or [PC §326].
Chapter 3. Use & Impairment Offenses¶
PC §431. Armed While Under the Influence of a Controlled Substance¶
- (a) Offense. — Any person who carries, possesses, or controls a firearm while under the influence of a controlled substance is guilty of armed impairment.
- (b) Definition. — “Under the influence” means impairment of the person’s physical or mental abilities to an appreciable degree, as shown by expert or lay testimony, drug screening, or observable symptoms.
- (c) Punishment. — Felony; imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than thirty-five thousand dollars ($35,000), or by both.
- (d) Aggravation. — If the firearm is loaded, displayed, or brandished, punishment shall be forty-eight (48) to one hundred twenty (120) months.
- (e) Cross-References. — See §304, §305, and §302.
PC §432. Operation of Aircraft or Watercraft Under the Influence of Drugs¶
- (a) Offense. — Any person who operates or has actual physical control of an aircraft, helicopter, seaplane, boat, or other watercraft while under the influence of a controlled substance is guilty of drug-impaired operation.
- (b) Punishment. — Felony; imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Injury/Death. — Where the offense proximately causes great bodily injury or death, punishment shall be one hundred twenty (120) months to life.
- (d) Cross-References. — See §323, §325.
PC §433. Drug-Impaired Operation of Heavy Machinery & Public Conveyances¶
- (a) Offense. — Any person who, while under the influence of a controlled substance, operates heavy industrial equipment, rail stock, tram, bus, or public transit conveyance in service is guilty of drug-impaired operation of public or industrial equipment.
- (b) Punishment. — Felony; imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Injury/GBI. — If great bodily injury results, punishment shall be seventy-two (72) to one hundred eighty (180) months.
- (d) Cross-References. — See §415, §163.
PC §434. Administration of Controlled Substance Without Consent (“Drugging”)¶
- (a) Offense. — Any person who administers, furnishes, or causes another to ingest, inhale, or otherwise be exposed to a controlled substance without that person’s knowledge or consent is guilty of administration without consent.
- (b) Punishment. — Felony; imprisonment for not less than sixty (60) months and not more than one hundred twenty (120) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Felonious Intent. — Where the administration is done with intent to commit any felony (including sexual offenses or robbery), punishment shall be one hundred twenty (120) months to life, cumulative to penalties for the intended or completed felony.
- (d) Cross-References. — See §141–§145 and §131–§134.
PC §435. Compelled Ingestion or Exposure¶
- (a) Offense. — Any person who by force, threat, deceit, or coercion compels another to ingest, inhale, inject, or otherwise be exposed to a controlled substance is guilty of compelled ingestion.
- (b) Punishment. — Felony; imprisonment for not less than forty-eight (48) months and not more than one hundred twenty (120) months, by a fine of not less than twenty thousand dollars ($20,000) and not more than seventy-five thousand dollars ($75,000), or by both.
- (c) Resulting Harm. — If great bodily injury results, punishment shall be ninety-six (96) months to life.
- (d) Cross-References. — See §007 and §425.
PC §436. Controlled Substances in Secure or Sensitive Facilities¶
- (a) Offense. — Possessing, using, introducing, or attempting to introduce a controlled substance into a secure or sensitive facility, including jails, prisons, courthouses (secure areas), law-enforcement facilities, airports (sterile areas), seaports (restricted areas), power plants, or critical infrastructure.
- (b) Punishment. — Felony; imprisonment for not less than twenty-four (24) months and not more than seventy-two (72) months, by a fine of not less than ten thousand dollars ($10,000) and not more than forty thousand dollars ($40,000), or by both.
- (c) Distribution inside facilities. — Distribution within such facilities is punishable by ninety-six (96) to one hundred eighty (180) months.
- (d) Cross-References. — See §415, §245, §243.
PC §437. Public Conveyances & Enclosed Public Venues — Consumption¶
- (a) Offense. — Consumption of controlled substances (excluding marijuana where permitted by ordinance) aboard public conveyances (buses, trams, rail, ferries) or in enclosed public venues signed as drug-free.
- (b) Punishment. —
- (1) Infraction (first offense): fine $500–$2,500.
- (2) Misdemeanor (second/subsequent or refusal to comply): imprisonment one (1) to six (6) months; fine $1,000–$5,000, or both.
- (c) Cross-References. — See §315, §415.
PC §438. Refusal to Submit to Lawful Drug Influence Testing (Non-Vehicle Incidents)¶
- (a) Offense. — Following a lawful arrest for an offense under this Chapter or a safety-sensitive incident resulting in death or great bodily injury, refusal to submit to a lawfully requested evidentiary chemical test (blood or urine) to determine drug influence is unlawful.
- (b) Punishment. — Misdemeanor; imprisonment one (1) to six (6) months; fine $1,000–$5,000; court may order additional administrative sanctions where applicable.
- (c) Limitations. — Testing shall be requested and conducted consistent with constitutional requirements and applicable health regulations.
- (d) Cross-References. — See VEH §205.
PC §439. Medical Authorization; Narrow Defenses¶
- (a) Prescription defense. — A valid prescription or license is an affirmative defense to possession or use only within its terms; it is not a defense to offenses predicated on impairment (e.g., §§431–433) or to prohibited locations (e.g., §436).
- (b) Authorized programs. — Lawful medical, research, or harm-reduction programs are exempt as provided by [PC §416] and HSC regulations.
- (c) General defenses. — [PC §007] applies.
PC §440. Sentencing; Enhancements; Aggregation (Chapter 3)¶
- (a) Sentences imposed under this Chapter are subject to [PC §005] (aggregate caps) and [PC §006] (enhancements), including firearm use, gang activity, and repeat-offender provisions.
- (b) Consecutive terms. — Offenses under this Chapter may run consecutive to underlying crimes (e.g., robbery, sexual offenses, or public-safety crimes) where justified by distinct elements or harms.
- (c) No merger. — Administration without consent (§434) and compelled ingestion (§435) do not merge with the underlying felony intended or completed.
Chapter 4. Miscellaneous & Administrative Offenses¶
PC §441. Unlicensed Transport or Warehousing of Controlled Substances¶
- (a) Offense. — Any person who transports, ships, stores, or warehouses a controlled substance without lawful license or authorization is guilty of unlicensed transport or warehousing.
- (b) Exceptions. — Common carriers, pharmacies, manufacturers, chemical suppliers, research institutions, and licensed dispensaries operating within the scope of their licenses are exempt.
- (c) Punishment. — Felony; imprisonment for not less than twenty-four (24) months and not more than sixty (60) months, by a fine of not less than ten thousand dollars ($10,000) and not more than forty thousand dollars ($40,000), or by both.
- (d) Aggravation. — Where quantities meet trafficking thresholds under §413 or involve cross-county distribution schemes, chargeable in addition to §413 or §408.
PC §442. Imitation or Misrepresented Controlled Substances (“Look-Alike” Drugs)¶
- (a) Offense. — Selling, offering, or possessing with intent to distribute any noncontrolled substance represented as a controlled substance, or packaged/marked to appear as such.
- (b) Factors. — Similar appearance, markings, packaging, street terminology, or statements of potency give rise to an inference under this section.
- (c) Punishment. —
- (1) Misdemeanor for first offense: imprisonment one (1) to twelve (12) months; fine $1,000–$10,000.
- (2) Felony for second/subsequent or where value >$5,000: imprisonment twenty-four (24) to seventy-two (72) months; fine $10,000–$50,000.
- (d) Cross-References. — Does not preclude charges under fraud [§231] or racketeering [§342].
PC §443. Counterfeit or Misbranded Pharmaceuticals (Nonprescription Fraud)¶
- (a) Offense. — Manufacturing, repackaging, labeling, or distributing any product falsely purporting to be a controlled pharmaceutical, or materially misbranding strength, dosage, or identity.
- (b) Punishment. — Felony; imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Cumulative Liability. — Cumulative to offenses under §410 and §411.
PC §444. Licensed Marijuana Retailers — License Display, Age Verification, and Scope¶
- (a) Display. — A marijuana retail license shall be conspicuously displayed on-premises during business hours.
- (b) Age Verification. — Retailers shall verify that purchasers are twenty-one (21) years of age or older prior to sale.
- (c) Scope. — Retail activity shall not exceed quantity, product-type, or hours authorized by license and regulation.
- (d) Punishment. —
- (1) Misdemeanor for negligent noncompliance: imprisonment one (1) to twelve (12) months; fine $1,000–$10,000.
- (2) Felony for willful or repeated noncompliance: imprisonment thirty-six (36) to ninety-six (96) months; fine $25,000–$100,000.
- (e) Cross-References. — See §409 and §427.
PC §445. Licensee Security & Compliance Tampering¶
- (a) Offense. — Willfully disabling or bypassing required security, surveillance, access controls, storage standards, or diversion-prevention measures at a licensed premises handling controlled substances or listed chemicals.
- (b) Punishment. —
- (1) Misdemeanor for negligent noncompliance: imprisonment one (1) to twelve (12) months; fine $1,000–$10,000.
- (2) Felony for willful tampering or where diversion results: imprisonment twenty-four (24) to seventy-two (72) months; fine $10,000–$50,000.
- (c) Cumulative. — Cumulative to §427 and forfeiture under §428.
PC §446. Good Samaritan Overdose Immunity (Narrow)¶
- (a) Immunity. — A person who, in good faith, seeks emergency medical assistance for someone experiencing a suspected overdose shall not be charged under [§409] (marijuana possession offenses) or [§403] (simple possession) discovered as a result of seeking aid.
- (b) Limits. — No immunity for distribution, trafficking, manufacturing, outstanding warrants, obstruction, or non-user quantities.
- (c) Applicability. — Does not bar seizure of contraband or prosecution for independent offenses (e.g., §431).
PC §447. Noncompliance with Cease-and-Desist or Stop-Sale Orders¶
- (a) Offense. — After service of a lawful administrative cease-and-desist or stop-sale order regarding controlled substances or listed chemicals, willfully continuing the prohibited conduct.
- (b) Punishment. — Felony; imprisonment for not less than twenty-four (24) months and not more than sixty (60) months, by a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000), or by both.
- (c) Cumulative Remedies. — Does not preclude civil or administrative penalties.
PC §448. Contraband Declaration; Summary Seizure¶
- (a) Contraband. — Controlled substances, listed precursors, specialized equipment, proceeds, and containers possessed or used in violation of this Title are contraband.
- (b) Seizure & Forfeiture. — Subject to seizure and forfeiture consistent with §408 and §428.
- (c) Custody. — Law enforcement shall secure and inventory contraband per chain-of-custody standards in §412.
PC §449. Maintaining a Drug Nuisance After Notice¶
- (a) Offense. — After written notice by a court or authorized agency that premises constitute a drug nuisance due to repeated violations of this Title, willfully continuing to use or allow the premises to be used for such violations.
- (b) Punishment. — Felony; imprisonment for not less than thirty-six (36) months and not more than ninety-six (96) months, by a fine of not less than twenty-five thousand dollars ($25,000) and not more than one hundred thousand dollars ($100,000), or by both.
- (c) Remedies. — Cumulative to abatement and forfeiture under §428.
PC §450. Severability; Construction (Title V)¶
- (a) Severability. — If any provision of this Title is held invalid, the remainder shall not be affected.
- (b) Construction. — Nothing herein limits enforcement of other Titles; general defenses apply under [PC §007], enhancements under [PC §006], and aggregate caps under [PC §005].