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Title 3 — Crimes Against Persons

Title 3 — CRIMES AGAINST PERSONS


Chapter 1: Assault, Battery, and Related Conduct

Section 301 AssaultMISDEMEANOR#

  • (a) A person commits assault by engaging in conduct that would cause a reasonable person to fear immediate unlawful physical contact.
  • (b) Penalties:
    • (1) Fine: $3,000 to $7,000
    • (2) Imprisonment: 8 to 15 minutes

Section 302 BatteryMISDEMEANOR#

  • (a) A person commits battery by making unlawful physical contact with another.
  • (b) Penalties:
    • (1) Fine: $5,000 to $10,000
    • (2) Imprisonment: 10 to 18 minutes

Section 303 Assault or Battery Causing Serious Bodily InjuryFELONY#

  • (a) A person commits this offense by committing battery and thereby causing serious bodily injury.
  • (b) Penalties:
    • (1) Fine: $50,000 to $125,000
    • (2) Imprisonment: 30 to 60 minutes
  • (c) When the same act is charged under this Section and Section 302, the court shall enter judgment and sentence on only one of the offenses.

Section 304 Menacing and IntimidationMISDEMEANOR#

  • (a) A person commits menacing and intimidation by threatening unlawful violence toward another in a manner that would cause a reasonable person to fear immediate harm.
  • (b) Penalties:
    • (1) Fine: $2,000 to $6,000
    • (2) Imprisonment: 5 to 12 minutes

Section 305 HarassmentINFRACTION#

  • (a) A person commits harassment by engaging in repeated unwanted conduct directed at a specific person that would cause a reasonable person substantial annoyance or alarm.
  • (b) Penalties:
    • (1) Fine: $500 to $2,000
    • (2) Imprisonment: 0 to 0 minutes

Chapter 2: Kidnapping, Unlawful Restraint, and Coercion

Section 311 Unlawful RestraintMISDEMEANOR#

  • (a) A person commits unlawful restraint by restricting another’s movement without lawful authority or consent.
  • (b) Penalties:
    • (1) Fine: $7,500 to $15,000
    • (2) Imprisonment: 12 to 20 minutes

Section 312 KidnappingFELONY#

  • (a) A person commits kidnapping by abducting or confining another against their will in a manner that substantially interferes with the person’s liberty.
  • (b) Penalties:
    • (1) Fine: $50,000 to $100,000
    • (2) Imprisonment: 35 to 60 minutes
  • (c) In a borderline case, the court may reduce a charge under this Section to Section 311 when the interference was brief or incidental.

Section 313 CoercionMISDEMEANOR#

  • (a) A person commits coercion by compelling or attempting to compel another to do or refrain from doing an act by threat of unlawful harm, unlawful confinement, or unlawful damage to property.
  • (b) Penalties:
    • (1) Fine: $5,000 to $10,000
    • (2) Imprisonment: 8 to 15 minutes

Chapter 3: Domestic-Related Offenses and Protective Orders

Section 321 Domestic ViolenceMISDEMEANOR#

  • (a) A person commits domestic violence by committing an offense under Sections 301 through 305 against an intimate partner or household member.
  • (b) Penalties:
    • (1) Fine: $7,500 to $15,000
    • (2) Imprisonment: 12 to 20 minutes
  • (c) When the same act is charged as domestic violence and as the underlying offense under Sections 301 through 305, the court shall enter judgment and sentence on only one of the offenses.

Section 322 Violation of Protective OrderMISDEMEANOR#

  • (a) A person commits this offense by violating a court-issued protective order after receiving notice of the order and its terms.
  • (b) Penalties:
    • (1) Fine: $5,000 to $12,500
    • (2) Imprisonment: 10 to 18 minutes

Section 323 StalkingFELONY#

  • (a) A person commits stalking by engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of another.
  • (b) Penalties:
    • (1) Fine: $25,000 to $75,000
    • (2) Imprisonment: 20 to 45 minutes

Chapter 4: Attempted Murder, Homicide, and Capital Murder

Section 331 Attempted MurderFELONY#

  • (a) A person commits attempted murder by taking a substantial step toward unlawfully killing another.
  • (b) Penalties:
    • (1) Fine: $75,000 to $150,000
    • (2) Imprisonment: 45 to 90 minutes
  • (c) Mandatory trial required.

Section 332 HomicideFELONY#

  • (a) A person commits homicide by unlawfully killing another.
  • (b) Penalties:
    • (1) Fine: $500,000 to $1,000,000
    • (2) Imprisonment: 60 to 120 minutes
  • (c) Mandatory trial required.
  • (d) Pretrial release denied.

Section 333 Capital Murder [CAPITAL FELONY]#

  • (a) A person commits capital murder by committing homicide when the defendant has two or more prior homicide convictions under Section 332.
  • (b) Penalties:
    • (1) Fine: $1,000,000
    • (2) Death or Life Imprisonment (120+ minutes)
  • (c) Mandatory trial required.
  • (d) Pretrial release denied.
  • (e) The death penalty may only be imposed by unanimous verdict of a jury or by judicial determination following knowing waiver of jury trial.
  • (f) Automatic appeal to the Supreme Court of San Andreas is required before execution of a death sentence.

Chapter 5: Justification, Consent, and Self-Defense (Procedural)

Section 341 Consent as a Defense#

  • (a) Consent is a defense to offenses under this Title when the conduct and the resulting harm are within the scope of the consent and are not otherwise prohibited by law.
  • (b) Consent shall not be deemed effective when obtained by force, threat, coercion, or deception as to the nature of the act.
  • (c) When evidence of consent is presented, the prosecution shall bear the burden to prove beyond a reasonable doubt that consent was not effective under this Section.

Section 342 Self-Defense and Defense of Others#

  • (a) Conduct otherwise prohibited by this Title is justified when a person reasonably uses force to defend themself or another from immediate unlawful force.
  • (b) Deadly force may be used only when the person reasonably believes it is necessary to prevent imminent death or serious bodily injury.
  • (c) The court may limit or deny justification based on provocation only upon findings on the record considering the degree of provocation, whether the person withdrew or attempted to withdraw, and whether the force used was proportionate to the threat.
  • (d) When evidence of self-defense or defense of others is presented, the prosecution shall bear the burden to prove beyond a reasonable doubt that the conduct was not justified under this Section.

Section 343 Lawful Authority and Necessity#

  • (a) Conduct otherwise prohibited by this Title is justified when performed under lawful authority or when reasonably necessary to prevent a greater imminent harm.
  • (b) When evidence of necessity is presented, the prosecution shall bear the burden to prove beyond a reasonable doubt that the conduct was not justified under this Section.

Chapter 6: Enhancements

Section 350 Deadly Weapon EnhancementEnhancement#

  • (a) Applies to: All offenses under this Title.
  • (b) Triggered when: The offense is committed while armed with or using a deadly weapon.
  • (c) Additional Penalties:
    • (1) Additional Fine: $10,000 to $20,000
    • (2) Additional Imprisonment: 10 to 20 minutes
  • (d) The court shall apply this enhancement only when the weapon meaningfully increased the risk of harm, including when it was used, brandished, displayed, or readily accessible during the offense.

Section 351 Serious Bodily Injury EnhancementEnhancement#

  • (a) Applies to: All offenses under this Title.
  • (b) Triggered when: The offense results in serious bodily injury.
  • (c) Additional Penalties:
    • (1) Additional Fine: $15,000 to $30,000
    • (2) Additional Imprisonment: 15 to 30 minutes
  • (d) This enhancement shall not be applied when serious bodily injury is an element of the underlying offense.

Section 352 Vulnerable Victim EnhancementEnhancement#

  • (a) Applies to: All offenses under this Title.
  • (b) Triggered when: The victim is elderly, disabled, a minor, or a public official.
  • (c) Additional Penalties:
    • (1) Additional Fine: $10,000 to $25,000
    • (2) Additional Imprisonment: 10 to 20 minutes
  • (d) For a public official, the court shall apply this enhancement only when the victim was acting in an official capacity or was targeted because of that status.

Section 353 Repeat Offender EnhancementEnhancement#

  • (a) Applies to: All offenses under this Title.
  • (b) Triggered when: The defendant has a prior conviction for an offense under this Title within 30 days.
  • (c) Additional Penalties:
    • (1) Second offense: Fine and imprisonment increased by 50%
    • (2) Third offense: Fine and imprisonment increased by 100%
    • (3) Fourth and subsequent: Fine and imprisonment increased by 200%

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