Los Santos Government Law Book [2015]

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Los Santos Government Law Book [2015]

Post by Dats Dizzeh nicca on July 7th 2015, 1:52 pm



Los Santos Law Book - July 2015


Criminal Law

Criminal Law covers general offences, including crimes against the person, property, cheating, political & governmental laws.


1. It is an offence to apply force or cause physical harm against another person (or with intent):



1-1. Assault: Show intent or attempting to create offensive contact with a person (doesn't involve physical contact.)
1-2. Battery: Causing harmful or some form of offensive contact, which would be certain to occur, or has occurred.
1-3. Aggravated Assault: Stronger form of Assault (see 1-1.) however also includes the following situations:
Using a deadly weapon to cause serious injury.
Committing acts of GBH (Grievous Bodily Harm) inc. rape, or kidnapping.
Performing sexual acts or having sexual relations with someone under the age of consent.

1-4. Vehicular Assault: Causing harm against someone with the reckless use of a motor vehicle.
1-5. Actual Bodily Harm (ABH): Causing injury to another, such as bruising, causing a black eye, broken teeth etc.
1-6. Grievous Bodily Harm (GBH): Causing significant injury to another, which would result in long treatment or a level of incapacity (broken limbs etc).
1-7. Torture: Intentionally causing severe physical or psychological pain or injury to someone who is being restrained physically, or someone who is not in a position to defend against the actions being forced upon them.



2. It is an offence to take the life of another person:



2-1. First-degree Murder: Intentionally taking the life of another, which is premeditated.
2-2. Second-degree Murder: Intentionally taking the life of another, however which is not planned prior.
2-4. Attempted Murder: Intentionally attempting to take the life of another, in any capacity.
2-6. Manslaughter: Not intentionally taking the life of another, however killing them via acts of negligence without intent. (E.G drink-driving related death).


3. It is an offence to take/enter someone else's property without permission or consent:



3-1. Robbery: Forcefully, or threatening to forcefully take/attempt to take property of another against their will, in a violent manner.
3-2. Burglary: Entering a property such as a house or building with the intent or purpose to commit an offence.
3-3. Embezzlement: Dishonestly, and purposefully withholding an asset with the intent to use for their own usage. The asset will have been entrusted by the true owner of the asset.
3-4. Fraud: Intentionally using false information, or using deception to secure personal gain in an unfair or unlawful manner. This also includes creating falsified evidence in the court of law.
3-5. Counterfeiting: Creating false money, or goods in order to deceive another person, or for personal gain.
3-6. Grand Theft Auto: Attempting to, or successfully stealing a vehicle.
3-7. Bank Robbery: Theft of money, or bullion from a bank, for any sum of money.
3-8. Extortion: Obtaining a service, money or asset by forcing someone physically, or threatening them to do so, against their will.


4. It is an offence to forcefully take, or hold someone against their will:



4-1. Kidnapping: Forcefully transporting or moving a person away against their will.
4-2. False Imprisonment: Holding or restraining a person in a restricted area against their consent, or without any justification.


5. It is an offence to commit criminal offences which threaten the political stability in San Andreas or the power of the Constitution:



5-1. Treason: This includes participating in war against your native country, attempting to overthrow the government,
spying on the government or relative agencies, or attempting to kill the head of state.
5-2. Espionage: Obtaining secret, confidential or restricted data without consent from the holder of the information.



6. It is an offence to obstruct the course of justice; it is also an offence to conspire, or intend to do so. This includes:
- Creating, manipulating or disposing of any evidence.
- Intimidating a witness, a member of the jury or a judge.



6-1. Aiding and Abetting: Assisting in commissioning and the committing of any criminal offence, including hiding a fugitive or assisting in escape or hiding.



7. It is an offence to breach or break from prison, to allow or assist someone to do so, or escape from being detained.

8. It is an offence to commit crimes relating to obscenity, indecent exposure, illicit sexual acts or sex with a minor.


8B. It is an offence to perform any degree of sexual intercourse in exchange for money or goods outside of private businesses and houses, or advertise sexual any degree of sexual intercourse.


8-1. Rape: Forcefully performing a sexual act, or having sexual intercourse against the other persons will.
8-2. Under-aged Sex: Performing a sexual act or having sexual intercourse with a person under the age of sixteen.
8-3. Public Indecency: Displaying genitalia in an inappropriate place, or fashion.
8-4. Bestiality: Performing a sexual act or having sexual intercourse with an animal.
8-5. Prostitution: Performing a sexual act or having sexual intercourse in exchange for money or goods. This also includes exchanging money or goods in return for a sexual act or sexual intercourse.


9. It is an offence to commit acts of terrorism, such as causing mass panic or injury/death.

10. It is an offence to enter the country (or assist in doing so) by bypassing border controls, and without consent from a border official.





Public Conduct Act 2015

It is an offence to disturb public peace or cause unnecessary disturbances or actions. This act provides the foundations for a respectful and mature community.


1. Rioting: A riot is defined as 6 or more persons who are using, or threatening to use violence for a mutual purpose between them. Their conduct would be of such
that it would cause people to fear for their personal safety. Each person involved would be charged with rioting. Rioting can occur on public or private property.

2. Violent Disorder: The same as above, however for groups of people between 3 and 5.

3. Affray: Fighting 1 or more other persons in a public area with intent to cause terror to bystanders.

4. It is an offence to provoke, create fear, or harass another person by threatening, abusive behaviour or insulting words.



4-1. Unlawful Provocation: Threatening, using offensive or insulting language, or abusive behaviour towards another person. Using signs or written displays to do the same.
4-2. Harassment or causing undue-distress: Same as above, however on a constant basis. Occurring on two or more occasions.


5. It is an offence to disturb the peace, and cause or provoke violence, rioting, cause unrest or a threatening atmosphere in a public or private place.



5-1. Disturbing the Peace: Causing unnecessary stress or tension, using humiliating, abusive or threatening behaviour, to other people in a public or private place.


6. It is an offence to cause damage to, or to access restricted or private property without prior consent or justification:



6-1. Trespassing: Trespassing private/government/restricted property/assets or a crime-scene.
6-3. Criminal Damage: Damaging government/private/restricted property/assets.


7. It is an offence to fail to comply with law-enforcement or government agencies:



7-1: Resisting Arrest: Causing an obstruction, or using physical force to prevent yourself from being detained.
7-2: Fleeing (Foot): Attempting to escape on foot, from law enforcement when they are exhibiting signs for you to stop and surrender.
7-3: Fleeing (Vehicle): Attempting to escape in a vehicle, from law enforcement when they are exhibiting signs for you to stop and surrender.
7-4: Failure to Comply: Failing to meet the commands or orders from law enforcement.
7-5: Failure to Provide Identification: Failing to present valid legal documentation when requested. (All ID is checked with specialist equipment for validity).


8. It is an offence to make hoax emergency phone calls, or call the emergency services to a hoax scene or to deliberately waste emergency services time and resources.



8-1. Hoax Calling: Using the 911 line to deceive the emergency services, or to leave illegitimate messages.
8-2. Wasting Government Resources: Calling emergency services to a hoax scene or situation in which the emergency services are not required OR using/attempting to use emergency resources for own purposes.


9. It is an offence to act disorderly under the influence of drink, in a public place.

10. It is an offence to impersonate a government employee or government official.

11. It is an offence to attempt to, or to bribe a government employee or government official in return for information, reduced imprisonment or to be relieved of criminal charges.

12. It is an offence to commit to cause harm, injury, death, or torture an animal.

13. It is unlawful to sell or give alcohol to anyone under the age of 18.

14. It is unlawful to sell alcohol unless you are a registered business, with the relevant licensing.





Narcotics, Illicit Weapons & Firearms Act 2015


Definition: Firearm - A device used to fire projectiles at force. Often penetrative, also including; baton-round shotguns, or tasers.

Definition: Offensive Weapon - Any item, such as a bat or tool that maybe used, or there is probable cause to say that it maybe used as a weapon and not for it's primary use. For example, carrying a
knife to a bar or restaurant, would be considered offensive, and deemed as illegal. However, being in possession of a knife in a kitchen or place of work which requires such use, would be deemed legitimate.

Current Illegal Narcotics:
These are the current illegal narcotics & substances, each listed also includes ANY and ALL variations of the narcotic/substance.
Heroine
Marijuana
[Crack] Cocaine
Methamphetamine
LSD
Ecstasy
Anabolic Steroids (Unless prescribed)
Morphine (Unless prescribed)
Animal Tranquillisers
Flunitrazepam [Rohypnol] (Unless prescribed)



1. It is an offence to be in possession of a firearm of any capacity, or offensive weapon:



1-1. Possession (Class A): Possession of a heavy weapon. This includes machine guns, assault rifles, sniper rifles, automatic shotguns or sawn-off shotguns, rifles, sub-machine guns and propelled rockets.
1-1-1. Possession with Intent (Class A): As above, however the suspect will be supplying/selling or intending to supply/sell.
1-2. Possession (Class B): Possession of a weapon. This includes pistols, pump-action shotguns and tasers. This also covers illicit physical weapons.
1-2-1. Possession with Intent (Class B): As above, however the suspect will be supplying/selling or intending to supply/sell.
1-3. Possession (Class C): Possession of an offensive weapon. This includes a physical item or tool, or blade.
1-3-1. Possession with Intent (Class C): As above, however the suspect will be supplying/selling or intending to supply/sell.



2. It is an offence to display or show a firearm of any capacity or offensive weapon. This also includes possession:



2-1. Brandishing (Class A): Brandishing of a heavy weapon. This includes machine guns, assault rifles, sniper rifles, automatic shotguns or sawn-off shotguns, rifles, sub-machine guns and propelled rockets.
2-2. Brandishing (Class B): Brandishing of a weapon. This includes pistols, pump-action shotguns and tasers. This also covers illicit physical weapons.
2-3. Brandishing (Class C): Brandishing of an offensive weapon. This includes physical item or tool, or blade.


3. It is an offence to use a firearm of any capacity, or offensive weapon. This also includes possession and brandishing:



3-1. Usage (Class A): Possession of a heavy weapon. This includes machine guns, assault rifles, sniper rifles, automatic shotguns or sawn-off shotguns, rifles, sub-machine guns and propelled rockets.
3-2. Usage (Class B): Possession of a weapon. This includes pistols, pump-action shotguns and tasers. This also covers illicit physical weapons.
3-3. Usage (Class C): Possession of an offensive weapon. This includes a physical item or tool, or blade.


4. It is an offence to be in possession of an illegal narcotic/substance:



4-1. Possession (Narcotic): Possession of any amount of illegal substance or narcotics.
4-2. Possession with Intent (Narcotic): As above, however the suspect will be supplying/selling or intending to supply/sell.
4-3. Possession of 2 grams or less of marijuana results in confiscation only.


5. It is an offence to use a firearm or offensive weapon in order to assist in a committing a crime.



5-1. Armed Robbery: As Robbery, however with the use of a firearm or an offensive weapon to assist.
5-2. Armed Assault: As Assault, however with the use of a firearm or an offensive weapon to assist.

6. It is an offence to purchase a firearm, offensive weapon or narcotic/illegal substance.

7. It is an offence to smuggle/traffic a firearm, offensive weapon or narcotic/illegal substance.

8. Upon being arrested for firearm charges, people must only be arrested for 1 out of the 3 charges (Possession, Brandishing or Usage) and only for 1 out of the 3 classes (A, B or C).





Human & Civilian Rights Act 2015

These conditions are in addition to the universally accepted human rights as established, and enforced by all modern & developed societies.


1. It is an offence to deny someone their human rights, as defined below, in section 4.

2. It is an offence to take a picture of someone in a public place, if they have explicitly informed you that you have no consent to do so.

3. It is an offence to take a picture of someone in a private place, unless they explicitly informed you that you have consent to do so.

4. Everyone is entitled to their basic human rights, and those rights outlined as of the United Nations Charter, and Universal Declaration of Human Rights.



- Entitlement to life & respect.
- Entitlement to privacy.
- Entitlement to security.
- Entitlement to sufficient food and water.
- Entitlement to amenities, including sanitation and sewerage.
- Entitlement to employment.
- Entitlement to solutions for economic, social or health issues.
- Entitlement to freedom of speech.


5. Individuals being arrested or detained must have their Miranda rights read to them once first detained, unless the act of reading those rights distracts the law enforcement officer(s), thus posing a threat to life of oneself and the public. The general form of the Miranda rights is as follows:
You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney and if you cannot afford it, one will be appointed for you. Do you understand these rights?

6. Individuals being arrested are entitled to a single phone-call, for a maximum of 5 (FIVE) minutes, under supervision of enforcement officer
or prison guard. Further phone-calls are at the discretion of the enforcement officer or prison guard, and may be granted for good behaviour.

7. Suspects are entitled to a qualified lawyer, who possesses the valid documentation to show for this. If the suspect is unable to provide one, they are entitled to a state attorney.

8. Prisoners are entitled all basic amenities at all times, including in their cell.



- A bed, including bedding.
- 3 meals a day, breakfast, lunch and dinner.
- Access to fresh water at all times.
- A functional toilet.
- Free-time, in the yard, as-well as access to fitness equipment. They are entitled to at least 60 (SIXTY) minutes per day. Further time is at the discretion of the prison guard, further time may be granted for good behaviour.
This is at discretion for extreme crimes, or prisoners in solitary confinement or isolation.
- Visitation, for at least 30 (THIRTY) minutes per week. Further time is at the discretion of the prison guard, further time may be granted for good behaviour.
This is at discretion for extreme crimes, or prisoners in solitary confinement or isolation.






Cyber Security & Copyright Act 2015

Amongst the ever-increasing usage of technology, there is a requirement to implement such an act in order to help defend personal
security and internet assets, such as personal work and information. The act will also cover such things as hacking, brute-forcing, denial of service attacks as well as fraud and miss-selling.


1. It is an offence to attempt to/succeed in brute-forcing (using software or physical means) any systems of which are not your own, or you do not have prior consent to do so.

2. It is an offence to hack a network, internet/intranet, or computer system in order to gain access to private and confidential information.

3. It is an offence to deny someone access to their network/computer/internet/intranet by any form of denial of service attacks, or by booting someone off their connection.

4. It is an offence to maliciously plant software with the intent to create access, steal data, or sabotage.

5. It is an offence to claim copyrighted material as your own or duplicate copyrighted material, and making subtle changes in order to disguise the original identity of the work; without prior consent from the original author.

6. It is an offence to use a computer system, network, or the internet in order to commit fraudulent activities or scam people/organisations/businesses.

7. It is an offence to access a computer system to take confidential information or personal data, to view, or to steal and copy onto a personal medium.






Traffic Offences Act 2015

Prenote: A law enforcement officer can only charge somebody with the 3 most serious traffic charges in any arrest. Any traffic charges older than 2 months are considered 'spent' and should not be used against an individual.

1. It is an offence to breach the following speed limitations:



- 100 miles per hour on a highway.
- 70 miles per hour on a country road (outside of city borders).
- 60 miles per hour on a dual-lane main road.
- 50 miles per hour on a single-lane main road.
- 40 miles per hour on a non-main small road.
1-1. Speeding: Breaching the above speed limits.
1-2. Excessive Speeding: Breaching the above speed limits by more than 20 miles per hour.



2. It is an offence to operate a damaged or non-functional vehicle. This includes:



- non-functional lighting (headlamps, brake-lights, indicators, fog-lamps).
- un-secure bodywork.
- damaged or destroyed tyres.
- damaged or destroyed glass windows.
- defective brakes.
- defective exhaust.



3. It is an offence to operate a vehicle without wearing a seatbelt or safety harness. You must where a helmet when operating a motorbike at all times.

4. It is an offence to flee from the scene of an accident.

5. It is an offence to operate a vehicle whilst unfit to drive through drink or drugs.

6. It is an offence to own a vehicle without a license plate. The license plate must be clearly visible and all times.

7. It is an offence to drive a vehicle without possessing the relevant, valid license.

8. It is an offence to use a vehicle on the incorrect side of the road. You must drive on the right-hand side of the road all times.

9. It is an offence to operate the following modifications whilst a vehicle is on the road, or if the vehicle moving:



- nitrous oxide.
- hydraulics.
- flashing lights.


10. It is an offence to fit sirens or emergency strobe lights to a vehicle unless the vehicle is a government vehicle.

11. It is an offence to disobey traffic signs, or to not give way to other road users where required.

12. It is an offence to park a vehicle fully on a side-walk, or in a place that causes an obstruction or compromise safety.

13. It is an offence to drive in a destructive or reckless manner. You must drive safely and in a way which will not cause harm to others.




13-1. Dangerous Driving: Driving in a way that threatens that may cause death or injury to others.
13-2. Death by Dangerous Driving: Causing death by driving as above.
13-3. Reckless Driving: Driving without due consideration for pedestrians or other road users.
13-4. Aggravated Driving: Driving whilst enraged or whilst under emotional pressure or stress.


14. It is an offence to use or operate electronic devices whilst using a vehicle. This includes PDA's, phones, and computers.

15. You must give priority to a vehicle that has already entered a roundabout.

16. You must always comply with the authorities, and any signals or instructions from a law enforcement officer.

17. It is an offence to use a bicycle on a highway.

18. You must give way to oncoming traffic if your side of the road is obstructed.

19. You must overtake a vehicle on the left-hand side of the vehicle at all times, you may never overtake a vehicle on the right-hand side.

20. It is an offence to operate a vehicle without headlights switched on between 18:00 and 05:00, or during poor weather, such as rain, snow, fog, hail or sandstorms. Please note that this list is not exhaustive.

21. It is an offence to operate a vehicle with neon lighting inside towns and cities.

22. Fixed penalty notices are required to be paid within 5 days of being issued.



22-1. Vehicles with unpaid fixed penalty notices older than 5 days will be impounded.
22-2. Vehicle owners with unpaid fixed penalty notices older than 5 days will be fined $1000 and face prosecution.






Media & Communications Act 2015


1. It is an offence to use any form of broadcasting, or radio frequency/channel to incite violence.

2. It is an offence to use any form of broadcasting, or radio frequency/channel to co-ordinate crimes, or subversive activities.

3. It is an offence to use the internet, or social media to incite violence.

4. It is an offence to use the internet, or social media to co-ordinate crimes, or subversive activities.

5. It is an offence to use broadcasting, the internet, or social media to release confidential information.

6. It is unlawful for news agencies to interfere with the authorities, or in a crime-scene.

7. It is unlawful for news agencies to enter a restricted area, such as a crime-scene without permission from the authorities.

8. It is unlawful for news agencies to broadcast offensive or pornographic material.
Offensive material is any published or broadcast content (such as articles, photographs, films, or websites) that is likely to be upsetting (extremely graphic content), insulting (racial stereotyping), or objectionable to some or most people. Political criticism or criticism towards the government cannot be considered offensive.


Civil Law


1. An Appeal is an official form of inquiry, complaint or request towards a Court of law that may or may not involve other parties.



1-1. ADMINISTRATIVE APPEAL: a formal request for the Court of law to investigate upon an administrative decision, taken by the government, the government agencies or any publicly owned company;
1-2. JUDICIARY APPEAL: a formal request for the Court to review an already given verdict (sentence, ticket, fine, etc.) by either the said Court of law or by a law enforcement officer. This may be turned down if no new evidence or witness testimonial is provided;
1-3. CONTRACT APPEAL: a formal request for the Court to review a given contract or give verdict upon cases of failure to obey the contracts terms and conditions by either party;
1-4. GENERAL APPEAL: a formal request for the Court to provide verdict on a dispute, disagreement and/or seek remedies and/or punishments for inflicted physical, psychological or economical damages. Penal code may be applied as a result of a Court decision.



4. Civil Warrants
In civil practice, there are two types of warrants, each of which may be issued in criminal law as well:



4-1. COLLECTION WARRANT: issued as a result of a Court case to collect any form of money, property and/or other remedies from the defendant and give to the plaintiff. Failure to execute the orders of the warrant in the given time period may result in arrest and prosecution;
4-2. APPEARANCE WARRANT: issued to call an individual to a Court session. Failure to attend without a valid reason may result in arrest and prosecution.



The Policing Act 2015


1. The Peelian Principles
Every law enforcement officer is to be given these guidelines so that he or she can understand the aim of the Police Force in greater depth. High Command teams are to look for the maintenance of the principles below:



1-1. Law enforcement exists to prevent crime and disorder, as an alternative to any other means.
1-2. Law enforcement must recognise always that their power is dependent on public approval of their existence, actions and behaviour, and on their ability to secure and maintain public respect.
1-3. Law enforcement must recognise always that to secure and maintain the respect and approval of the public means also to secure the public's will to cooperate.
1-4. Law enforcement must recognise always that the extent to which the cooperation of the public can be secured diminishes proportionately the necessity of the use of physical force.
1-5. Law enforcement must seek and preserve public favour, not by pandering to public opinion, but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humour, and by ready offering of individual sacrifice in protecting and preserving life.
1-6. Law enforcement must use physical force only when the exercise of persuasion, advice and warning is found to be insufficient to obtain public co-operation, and to use only the minimum degree of physical force which is necessary for achieving a police objective.
1-7. Law enforcement must maintain at all times a relationship with the public that reflects the historic tradition that the police are the public and that the public are the police, the police being only members of the public who are paid to give full-time attention to duties which are of interest for the community's welfare and existence.
1-8. Law enforcement must recognise always the need for maintaining strictly police-executive functions, and to refrain from even seeming to absorb powers reserved for the Court of Law.
1-9. Law enforcement must recognise always that the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them.



2. Criminal Law Warrants

A warrant request must be submitted to the State Court prior to any action taken by law enforcement as a result of a case file. The warrant is then reviewed by a Judge and the request is either approved or denied.
There are three types of warrants. Each may be requested at any time for any reason and it is up to a Judge to decide upon that request. They may be issued as a result of a civil law prosecution as well:



2-1. ARREST WARRANT: permission to detain the individual(s) in question as suspects;
2-2. SEARCH AND SEIZE WARRANT: permission to enter property (vehicles, real estate) of the individual(s) in question and perform a search for illegal materials, criminal evidence, etc., as well as perform full body search;
2-3. DISTRICT WARRANT: permission to establish a tactical lockdown perimeter in a given area and search properties and individuals found inside. A rare warrant, issued in extreme cases such as the gang activity in El Corona in December 2010.




A law enforcement officer who has seen an individual(s) commit a criminal offence, that requires imprisonment, automatically obtains an arrest warrant to be executed as soon as possible and passed on through any inter-departmental communication means. If the suspect(s) are spotted entering property (vehicles and/or real estate) or if a crime is committed on a property, any law enforcement officer is permitted to enter the property to execute the arrest warrant on the said suspect(s). This does not grant a search & seize warrant, however any spotted illegal materials can be confiscated and the owner of the property investigated.


3. Oath of Honor

A law enforcement officer, enlisting as such upon completion of training, is obliged to swear an Oath. Any law enforcement officer, shall they be enlisted at the moment or in the future, may not undertake their duties before they have swore the Oath:



I, "Firstname_Lastname", do solemnly and sincerely declare and affirm that I will well and truly serve to protect the Constitution of this Republic, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.

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