Title 11: Sentence Enhancements
2.11.1 Exception
Penalties are, as stated, stackable for each occurrence. Committing assault against someone multiple times is worthy of a charge for each time, as long as they are separate police incidents, occur at different times, occur to different people, or are charged for each prohibited object that is possessed. Charges can also be stacked for each person they are committed against. Unless an exception exists explicitly.
Each stacked charge equals the additional punishment time for that charge. A person who commits two counts of assault will be charged twice the amount of time, so long as it does not violate maximum imprisonment policies.
2.11.2 Attempt
I. Definition of Attempt
An individual is guilty of Attempt to Commit a Crime if, with the specific intent to commit a particular criminal offense, they:
Engage in an Overt Act: Perform an act that constitutes a substantial step toward the commission of that crime. This act must be more than mere preparation and must corroborate the individual’s intent.
Failure to Complete: Fail to complete the commission of the crime, either due to a failure to achieve the desired result, or because they are prevented, intercepted, or otherwise stopped from completing the act.
II. Penalties
Any individual found guilty of Attempt to Commit a Crime shall be subject to the same punishment, including prison sentences and fines, as if the underlying offense had been successfully committed. The legal and punitive consequences shall be identical to those prescribed for the completed crime, regardless of the failure to complete the act.
III. Clarifications
Irrelevance of Success: The success or failure of the criminal act is legally irrelevant to the determination of the penalty under this statute. The punishment is predicated on the intent and the substantial step taken, not the final outcome.
Scope: This clause applies to all felonies and misdemeanors as defined by the penal code.
Distinction from Conspiracy: This clause addresses the individual's direct actions towards committing a crime, whereas a conspiracy charge relates to an agreement between multiple parties.
Voluntary Abandonment: It shall be an affirmative defense to a charge of Attempt to Commit a Crime if the individual voluntarily and completely abandoned their criminal purpose and desisted from their criminal efforts under circumstances manifesting a complete and voluntary renunciation of their criminal intent. This defense is not applicable if the abandonment was motivated by an increased likelihood of being apprehended, a change in circumstances that made the crime more difficult to commit, or a belief that the intended victim was not present or was otherwise not vulnerable.
2.11.3 Conspiracy
I. Definition of Criminal Conspiracy
A person is guilty of Criminal Conspiracy if, with the intent that a crime be committed, they agree with one or more other persons to engage in conduct that constitutes a felony or a misdemeanor. The agreement must be accompanied by an overt act by one or more of the conspirators in furtherance of the conspiracy, which can be as minor as one of the parties making a phone call, securing a tool, or simply observing a location.
This includes, but is not limited to, conspiracies to:
Commit any crime as defined by the revised statutes;
Falsely and maliciously indict another person for any crime;
Procure another person to be charged or arrested for any crime.
II. Penalties
Any individual found guilty of Criminal Conspiracy shall be subject to the same punishment, including prison sentences and fines, as if the underlying criminal offense had been successfully committed. The legal and punitive consequences shall be identical to those prescribed for the completed crime, regardless of whether the planned offense was ever carried out.
III. Clarifications
Scope: This clause applies to all felonies and misdemeanors as defined by the penal code.
Irrelevance of Success: The success or failure of the planned criminal act is legally irrelevant to the determination of the penalty under this statute. The punishment is predicated on the agreement and the overt act, not the final outcome.
Overt Act: The overt act required to prove the conspiracy does not need to be a criminal act itself. It merely needs to demonstrate that the agreement has moved beyond mere thought or conversation and has become an actionable plan.
Distinction from Other Clauses: While this clause may be charged in conjunction with the Attempt to Commit a Crime and the Criminal Accomplice Clause, it is distinct in that it is based on the agreement itself and not on direct participation in the attempted or completed crime.
Withdrawal: It shall be an affirmative defense if a conspirator voluntarily and completely renounced the conspiracy and took affirmative steps to thwart the success of the conspiracy, provided that this renunciation was not motivated by fear of apprehension or a change in circumstances. The conspirator must have effectively communicated this withdrawal to all other conspirators.
2.11.4 Solicitation of a Crime
I. Definition of Solicitation
A person is guilty of Criminal Solicitation if, with the intent that a crime be committed, they command, encourage, or request another person to engage in specific conduct that would constitute a felony or a misdemeanor, or would cause a felony or a misdemeanor to be committed.
II. Penalties
Any individual found guilty of Criminal Solicitation shall be subject to the same punishment, including prison sentences and fines, as if the underlying criminal offense had been successfully committed. The legal and punitive consequences shall be identical to those prescribed for the completed crime, regardless of whether the solicited person ever took any steps toward committing the crime.
III. Clarifications
Scope: This clause applies to all felonies and misdemeanors as defined by the penal code.
Irrelevance of Success or Overt Act: Unlike attempt or conspiracy, the crime of solicitation is complete the moment the command, encouragement, or request is made. It is not necessary for the solicited party to have taken any action toward the crime, nor is it relevant whether the crime was ever committed. The focus is solely on the act of soliciting itself.
Lack of Agreement: The crime of solicitation does not require an agreement between the solicitor and the solicited person. The offense is complete even if the solicited person rejects the proposal or is unaware of the intent.
Distinction from Other Clauses: This clause is distinct from Conspiracy (which requires an agreement) and Attempt (which requires a substantial step toward the crime). A person may be charged with Solicitation even if no conspiracy or attempt ever comes to fruition.
Non-Merger Doctrine: The crime of solicitation does not merge with the completed crime. If the solicited crime is successfully committed, the solicitor may be charged with both Solicitation and the underlying crime, depending on other applicable laws.
Withdrawal: It shall not be a defense to a charge of Criminal Solicitation that the defendant withdrew the solicitation after it was made.
2.11.5 Criminal Accomplice Clause
I. Definition of Accomplice
An individual is an accomplice if, with the specific intent to facilitate or assist in the commission of a criminal offense, they knowingly:
Aid or Abet: Assist, support, or encourage another person in the commission of a crime, whether present at the scene or not.
Advise or Counsel: Provide guidance, instructions, or information to another person for the purpose of helping them commit a crime.
Provide a Supportive Role: Furnish tools, materials, transportation, or any other means to enable or assist in a criminal act.
This includes both attempted and successful criminal acts.
II. Penalties
Any individual found guilty of acting as an accomplice under this section shall be subject to half the punishment allotted to the principal offender who attempted or successfully committed the crime. This means that the accomplice's maximum prison sentence, fines, and other punitive measures will be precisely 50% of the penalty for the underlying criminal offense.
III. Clarifications
Lesser Culpability: This clause recognizes that an accomplice, while criminally liable, holds a lesser degree of culpability than the person who directly committed the crime.
Irrelevance of Attempt: The 50% reduction in punishment applies equally whether the primary criminal act was successful or merely attempted.
Principal's Punishment as Basis: The accomplice's punishment is directly dependent upon and calculated based on the punishment received by the principal offender. If the principal offender is not apprehended or convicted, the accomplice will be punished based on the maximum punishment for the underlying crime.
Exceptions: This clause does not apply to individuals who are charged as a Principal in the Second Degree under Section 2.11.6 (For-Hire Clause), who are subject to identical punishment as the principal offender.
2.11.6 For-Hire
A person who has not committed a crime, but has contracted or hired another person to commit a criminal act, either through a payment of money, an exchange of goods or services, or any other form of valuable consideration, shall not be afforded the protections of contract law.
The individual who entered into the agreement to provide payment or trade in exchange for a criminal act shall be charged with the same criminal offenses as the person who actually committed the crime. Their legal culpability shall be considered identical to that of the principal offender, and they will be subject to the same penalties, fines, and sentencing guidelines as the person who carried out the criminal act for payment.
I. Definition of Criminal Agency
Any individual who, with the specific intent that a crime be committed, enters into an agreement to procure, secure, or cause the commission of a criminal offense by another person, shall be deemed a Principal in the Second Degree to that offense. This shall be applicable regardless of whether the agreement is formalized as a contract, and shall specifically include all arrangements wherein valuable consideration—including, but not limited to, money, property, goods, services, or any other item of value—is promised or exchanged for the successful completion of said criminal act.
II. Equal Culpability and Sentencing
The individual who procures, hires, or contracts for the criminal act (the "hiring party") shall be charged with the same criminal offenses as the individual who actually commits the crime (the "principal offender"). The legal culpability and classification of the hiring party shall be considered identical to that of the principal offender. The hiring party shall be subject to the same penalties, fines, restitution orders, and sentencing guidelines as are prescribed by law for the principal offense, as if the hiring party had committed the crime directly.
III. Clarifications
Principal in the Second Degree: The hiring party shall be treated as a principal in the second degree, meaning they are considered equally culpable as the direct perpetrator, despite not being the one who performed the physical act of the crime.
Irrelevance of Payment: The completion or failure of payment or trade shall not be a defense to a charge under this statute. The mere act of entering into the criminal arrangement is sufficient to establish criminal liability under this section.
Scope: This statute applies to all misdemeanors and felonies as defined by the penal code.
Distinction from Conspiracy: This clause shall not supersede or be confused with laws pertaining to criminal conspiracy, but may be charged in conjunction with such offenses. While conspiracy focuses on the agreement to commit a crime, this clause specifically addresses the act of hiring or contracting for the commission of a crime, tying the punishment directly to the completed offense.
2.11.7 Incitement
I. Definition of Incitement
A person is guilty of Incitement to Commit a Crime if, with the specific intent that another person commit a criminal offense, they:
Directly Counsel, Command, Induce, or Encourage another person to engage in conduct that constitutes a felony or misdemeanor; AND
The Incited Crime is Committed: The encouraged crime, or a reasonably foreseeable crime resulting from the encouragement, is actually committed by the person or persons incited; AND
Causal Link: The incitement was a direct and proximate cause of the commission of the crime.
II. Penalties
(A) Equal Culpability and Punishment
Any individual found guilty of Incitement to Commit a Crime under this section shall be subject to the same degree of culpability and shall face identical penalties, fines, and sentencing guidelines as prescribed by law for the principal offender who committed the incited crime. This includes, but is not limited to, the maximum allowable prison sentences, monetary fines, restitution requirements, and any other punitive measures applicable to the underlying offense.
(B) Exceptions and Defenses
Withdrawal: It shall be an affirmative defense if the inciter unequivocally and effectively withdrew the incitement before the commission of the crime and took all reasonable steps to prevent its commission.
Lack of Causation: It shall be a defense if the incited crime would have been committed regardless of the incitement, or if the incitement was not a direct and proximate cause of the crime's commission.
Protected Speech: This statute shall not be interpreted to infringe upon constitutionally protected speech that does not meet the "direct counseling, commanding, inducing, or encouraging" standard and the "causal link" requirement to a specific criminal act.
III. Clarifications
Attempted Incitement: If a person attempts to incite a crime but the crime is not ultimately committed, they may be charged with an attempt to incite, punishable as a lesser offense.
Multiple Parties: If multiple parties are incited, the inciter shall be held accountable for all crimes directly resulting from their incitement.
2.11.8 Eligibility for Capital Punishment
A person is eligible for capital punishment if they are found guilty of three or more separate serious felonies that meet the following criteria:
I. Qualifying Felonies
The qualifying felonies are those crimes that, due to their nature, pose an extreme threat to public safety and human life. The crimes must include, but are not limited to, the following:
Murder: First-degree murder committed with premeditation and deliberation.
Rape: Any act of non-consensual sexual penetration.
Kidnapping: The unlawful abduction and confinement of a person against their will.
Torture: The intentional infliction of severe physical or psychological pain.
Arson resulting in death: The malicious burning of property that directly causes a fatality.
The prosecution must prove, beyond a reasonable doubt, that the individual committed at least three such felonies as defined in this section.
II. Timing of Offenses
For the purpose of establishing eligibility for capital punishment under this statute, all three or more qualifying felonies must have been committed within a continuous period of no more than one year from the date of the first qualifying offense to the date of the last.
III. Sentencing and Execution
Upon a finding of guilt for three or more qualifying felonies under the specified conditions, the defendant shall be eligible for the death penalty. If the death penalty is imposed, the execution date shall be set for exactly twenty (20) years from the date of the sentencing.
IV. Clarifications
Separate Events: Each of the three or more felonies must have been a distinct and separate criminal act.
Irrelevance of Prior Convictions: This law does not require prior convictions. A person can be charged under this statute if they are found guilty of three or more qualifying felonies in a single trial or a series of trials, provided the timeline is met.
Appellate Process: All standard appellate and post-conviction relief processes shall be completed prior to the final scheduling of the execution date. The twenty-year period is a fixed term from the date of sentencing, not from the date of exhausted appeals.
2.11.9 Sentencing Guidelines
I. Sentence of Life Imprisonment
A sentence of "Life Imprisonment" shall mean incarceration in a state correctional facility for the remainder of the convicted individual's natural life. A person sentenced to "Life Imprisonment" is not eligible for parole, probation, or any form of early release, unless specifically provided for by a separate, constitutionally valid clemency or commutation process.
II. Felony Classification and Recommended Penalties
The following penalties are recommended for felony classifications:
Class A. Felony
Recommended Sentence: Twenty-five (25) years to Life Imprisonment.
Recommended Sentence for First Degree Murder with Deliberation: Forty (40) years to Life Imprisonment.
Parole and Probation: Parole may be granted after the individual has served a minimum of twenty (20) years, unless the sentence is Life Imprisonment without Parole. Probation is generally not available for Class A felonies, except in highly exceptional and mitigating circumstances as determined by the court.
Class B. Felony
Recommended Sentence: Ten (10) to twenty-five (25) years in state prison.
Parole and Probation: Parole may be granted after the individual has served a minimum of ten (10) years. Probation may be considered as an alternative to incarceration, especially for first-time offenders or where aggravating factors are absent.
Class C. Felony
Recommended Sentence: Two (2) to ten (10) years in state prison.
Parole and Probation: Parole may be granted after the individual has served a minimum of two (2) years. Probation is a common alternative to incarceration for Class C felonies, allowing for court-supervised release with specific conditions.
III. Misdemeanor Classification and Recommended Penalties
The following penalties are recommended for misdemeanor classifications:
Class A. Misdemeanor
Recommended Sentence: Up to one (1) year in a county jail or local detention facility, and/or a fine of up to ten thousand dollars ($10,000).
Probation: Probation is a primary sentencing option, which may include conditions such as community service, restitution, or counseling.
Class B. Misdemeanor
Recommended Sentence: Up to six (6) months in a county jail or local detention facility, and/or a fine of up to five thousand dollars ($5,000).
Probation: Probation is a highly common sentencing option.
Class C. Misdemeanor
Recommended Sentence: Up to thirty (30) days in a county jail or local detention facility, and/or a fine of up to two thousand five hundred dollars ($2,500).
Probation: Probation is the most common sentencing option, often with a focus on fines and community service.
IV. Probation and Parole
Probation: Probation is a court-ordered period of supervision in the community as an alternative to incarceration. It is granted at the discretion of the sentencing judge and includes specific conditions that the individual must adhere to. A violation of these conditions may result in the revocation of probation and the imposition of a jail or prison sentence.
Parole: Parole is a form of early release from prison granted by a parole board after an individual has served a portion of their sentence. The individual is released from prison but remains under supervision in the community for a specified period. A violation of parole conditions may result in the individual being returned to prison to serve the remainder of their sentence.
RULES TO PROSECUTION
The Judicial Branch of the State of San Andreas holds full discretion over all cases and retains the authority to determine the appropriate classification of charges against a defendant based on the evidence presented at trial and the seriousness of the offense. The classifications outlined in this document serve as guidelines but are not mandatory; the court may modify them if deemed necessary.
For instance, Section 2, Title 9, Article 10 of the San Andreas Revised Statutes, titled "Menacing," designates this offense as a Class A Misdemeanor. However, the Judicial Branch may choose to reclassify the offense, for sentencing purposes, to a Class C Misdemeanor, Class B Misdemeanor, Class C Felony, Class B Felony, or Class A Felony, depending on the circumstances of the case.
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