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Title 1 — General Provisions
Title 1 — GENERAL PROVISIONS
Chapter 1: Jurisdiction, Applicability, and Construction
Section 101 Territorial Jurisdiction#
- (a) The laws of the State of San Andreas apply to all persons, property, and conduct within the territorial boundaries of the State.
- (b) The courts of the State have jurisdiction over offenses committed wholly or partly within the State.
- (c) The courts of the State have jurisdiction over conduct occurring outside the State only when the conduct has a substantial nexus to the State and foreseeably produces a prohibited result within the State.
- (d) Territorial jurisdiction shall be proven beyond a reasonable doubt when contested.
Section 102 Personal Jurisdiction#
- (a) Any person physically present within the State is subject to the laws of the State while within the State.
- (b) A person may be prosecuted in the State only for an offense over which the State has territorial jurisdiction under Section 101, regardless of citizenship or residency.
Section 103 Applicability to Property#
- (a) Property located within the State is subject to the laws of the State.
- (b) Property brought into the State that is contraband under State law is subject to seizure and disposition as provided by law.
- (c) When contraband status depends on circumstances, the seizing authority shall be able to identify an articulable statutory basis for the circumstance rendering possession unlawful.
Section 104 State Authority and Municipal Authority#
- (a) The State retains plenary authority to enact and enforce statewide criminal and civil laws consistent with the Constitution of the State of San Andreas.
- (b) A municipality may enact ordinances governing local matters, provided such ordinances do not conflict with State law.
- (c) Where a municipal ordinance conflicts with State law, State law controls to the extent of the conflict.
- (d) Nothing in this Title limits lawful mutual aid, interagency cooperation, or the delegation of administrative functions as authorized by statute.
Section 105 Construction; Legislative Purpose#
- (a) This Code shall be construed to promote public order, justice, and the fair administration of law.
- (b) Statutory text shall be applied according to its plain meaning, read in context, and harmonized with the Constitution of the State of San Andreas.
- (c) Courts may consider legislative intent and established precedent within San Andreas. Persuasive authority from other jurisdictions may be considered but shall not be binding unless expressly adopted by law.
Section 106 Rule of Lenity#
- (a) When a criminal statute remains genuinely ambiguous after application of ordinary tools of construction, the ambiguity shall be resolved in favor of the defendant.
- (b) This section does not require a construction that defeats the evident purpose of the statute or produces an absurd result.
Section 107 Severability#
- (a) If any provision of this Code, or its application to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
- (b) The provisions of this Code are severable.
Section 108 Effective Dates#
- (a) A statute takes effect at the time and date specified in the enacting act.
- (b) If no effective time is specified, the statute takes effect upon enactment.
- (c) Repeal or amendment of a statute does not affect liabilities incurred, penalties accrued, or proceedings begun before the effective time of the repeal or amendment, unless the enacting act expressly provides otherwise.
- (d) For purposes of subsection (c), proceedings are begun only upon issuance of a citation, filing of a complaint, information, or indictment, or issuance of an arrest warrant based on a sworn application. An investigation alone does not begin proceedings.
Section 109 Retroactivity#
- (a) No criminal penalty shall be imposed for conduct that was not prohibited at the time it occurred.
- (b) An amendment that reduces the penalty for an offense may be applied to sentences not yet fully served when justice so requires, to the extent permitted by the enacting act and consistent with final judgments.
- (c) When subsection (b) applies, the court may resentence, convert remaining time to an equivalent lesser sanction authorized by law, or deny retroactive relief upon written findings tied to public safety and reliance interests.
Chapter 2: Definitions
Section 201 General Rule for Definitions#
- (a) The terms set forth in this Chapter apply throughout the Code unless the context clearly requires otherwise or a different meaning is expressly provided in the Title where the term is used.
Section 202 Person#
- (a) “Person” includes a natural person and any entity capable of holding rights or duties under the laws of the State.
Section 203 Peace Officer#
- (a) “Peace officer” includes any sworn law enforcement officer authorized by the State or a municipality to enforce criminal laws and make arrests.
- (b) “Peace officer” does not include private security personnel unless expressly deputized or otherwise authorized by statute or written mutual-aid order.
Section 204 Public Official#
- (a) “Public official” includes any elected or appointed officer, employee, or agent of the State or a municipality acting in an official capacity.
- (b) A contractor or volunteer is a public official only while exercising delegated governmental authority under color of law.
Section 205 Court#
- (a) “Court” means a tribunal of the Judicial Branch of the State of San Andreas authorized to adjudicate matters under State law.
Section 206 State#
- (a) “State” means the State of San Andreas and its agencies and political subdivisions, unless the context indicates otherwise.
Section 207 Municipality#
- (a) “Municipality” includes any city, town, or other local governmental entity organized under the laws of the State.
Section 208 Property#
- (a) “Property” includes real property and personal property, whether tangible or intangible.
Section 209 Vehicle#
- (a) “Vehicle” includes any device by which a person or property may be transported on land, water, or in the air, whether motorized or not, when used for transportation.
Section 210 Weapon#
- (a) “Weapon” includes any instrument designed for, adapted to, or readily capable of causing injury when used as a weapon.
Section 211 Deadly Weapon#
- (a) “Deadly weapon” includes any weapon or instrument that, in the manner used or intended to be used, is capable of causing death.
Section 212 Serious Bodily Injury#
- (a) “Serious bodily injury” includes bodily injury that creates a substantial risk of death, causes protracted loss or impairment of a bodily function, or results in significant disfigurement.
Section 213 Minor#
- (a) “Minor” means a person under 18 years of age.
Section 214 Elderly Person#
- (a) “Elderly person” means a person 65 years of age or older.
Section 215 Disabled Person#
- (a) “Disabled person” means a person with a physical or mental impairment that substantially limits one or more major life activities.
Section 216 Contraband#
- (a) “Contraband” includes property the possession of which is prohibited by State law, and property that is unlawful to possess under the circumstances.
- (b) When contraband status depends on circumstances, the circumstance rendering possession unlawful must be grounded in an identifiable statute, ordinance, or duly authorized rule, and ambiguity shall be resolved consistent with Section 106.
Section 217 Knowingly#
- (a) “Knowingly” describes awareness of the nature of one’s conduct or that certain circumstances exist.
Section 218 Intentionally#
- (a) “Intentionally” describes a conscious objective to engage in conduct or cause a result.
Section 219 Recklessly#
- (a) “Recklessly” describes conscious disregard of a substantial and unjustifiable risk.
Section 220 Negligently#
- (a) “Negligently” describes failure to perceive a substantial and unjustifiable risk where such failure constitutes a gross deviation from reasonable care.
Section 221 Includes#
- (a) “Includes” is a term of enlargement and not of limitation.
Section 222 Shall and May#
- (a) “Shall” imposes a duty.
- (b) “May” confers discretion.
Chapter 3: Statutory Interpretation and Administration
Section 301 Headings and Organization#
- (a) Titles, chapters, and section headings are for convenience and do not control the meaning of statutory text.
Section 302 Singular and Plural; Gender#
- (a) Words in the singular include the plural and words in the plural include the singular, unless the context clearly indicates otherwise.
- (b) Words of any gender include all genders.
Section 303 Computation of Time#
- (a) In computing any period of time prescribed by law, the day of the act, event, or default from which the period begins to run is not included.
- (b) The last day of the period is included unless it falls on a day when the relevant office is closed, in which case the period extends to the next day the office is open.
- (c) For purposes of subsection (b), an office is closed on weekends and State-recognized holidays, and on any day the office is closed by emergency order or public notice.
- (d) If electronic filing is authorized for the relevant filing, the office shall be deemed open for that purpose during the hours electronic filing is available.
- (e) A court may extend a deadline for good cause shown when permitted by law.
Section 304 Authority to Promulgate Rules#
- (a) Executive agencies may promulgate rules to implement statutes within their jurisdiction when authorized by law.
- (b) Rules shall be consistent with statute and the Constitution of the State of San Andreas.
Section 305 Discretion of Law Enforcement and Courts#
- (a) Nothing in this Code shall be construed to eliminate lawful discretion of peace officers in investigation, citation, arrest, warnings, diversion where authorized, or other lawful resolutions consistent with public safety.
- (b) Nothing in this Code shall be construed to eliminate lawful discretion of courts in sentencing within statutory ranges, ordering restitution where authorized, or imposing lawful conditions and remedies consistent with due process.
- (c) Judicial discretion includes authority to depart from nonbinding guideline recommendations, if any, for stated reasons including rehabilitation, proportionality, restitution, community service, and diversion where authorized.
Section 306 Conflicts Between Statutes#
- (a) When two statutes address the same subject, they shall be construed to give effect to both if reasonably possible.
- (b) If conflict is irreconcilable, the more specific statute controls over the more general statute, and the later-enacted statute controls over the earlier to the extent of the conflict.
Section 307 Repeals by Implication Disfavored#
- (a) A statute shall not be deemed repealed by implication unless the intent to repeal is clear and unavoidable.
Chapter 4: Savings, Transition, and Miscellaneous
Section 401 Savings Clause#
- (a) The enactment, amendment, or repeal of any provision of this Code does not affect any prosecution, civil action, administrative proceeding, or enforcement action commenced before the effective time, unless the enacting act expressly provides otherwise.
- (b) For purposes of subsection (a), an action is commenced only upon issuance of a citation, filing of a complaint, information, or indictment, or issuance of an arrest warrant based on a sworn application. An investigation alone does not commence an action.
Section 402 Continuation of Prior Orders#
- (a) Lawful orders, warrants, judgments, and sentences issued under prior law remain valid and enforceable unless modified or vacated by a court of competent jurisdiction.
Section 403 Citation Format#
- (a) A reference to a “Section” means a section of this Code unless the context indicates otherwise.
- (b) A reference to a “Title” means a title of this Code unless the context indicates otherwise.