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Penal Code 2020 --- Changelog

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As of 23rd April 2020, to reflect the Controlled Substances Act of 2020:
TITLE 6. CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY


§601. Possession of a Controlled Substance
1.
The act of possessing less than, or exactly, 5 grams (or eight tablets) of any controlled substance, or otherwise prescription medication, on one's body or in one's properties, without a valid medical prescription, is a misdemeanor.
2. Doctors, pharmacists, veterinarians, paramedics, and researchers with a valid permit are exempt when in possession directly related to their official duties.
3. If less than or exactly 2 grams (four tablets) are possessed, Possession of a Controlled Substance carries the jail time of 30 minutes, and a maximum fine of $1000.
4. If more than 2 grams (four tablets), Poss. of a Controlled Subst. carries the jail time of 45 minutes, and a maximum fine of $3000.
5. Marijuana may be legally owned for personal use, if less than 5 grams.

§602. Possession with the Intent to Distribute
1.
The act of possessing a controlled substance or otherwise prescription medication, on one's body or in one's properties, without a valid medical prescription, with the intent to sell or distribute them, regardless of quantity, is a felony.
2. The act of possessing more than 5 grams (or eight tablets) of a controlled substance or otherwise prescription medication, on one's body or in one's properties, regardless of intent, is a felony.
3. If less than or exactly 20 grams (sixteen tables), Possession with Intent carries the jail time of 80 minutes, and a maximum fine of $3000.
4. If more than 20 grams (sixteen tables), Possession with Intent carries the jail time of 90 minutes, and a maximum fine of $5000.

§603. Distribution of a Controlled Substance
1.
The act of selling a controlled substance or otherwise prescription medication, without valid licenses, or medical cause if licensed, is a felony.
2. Distribution carries the minimum jail time of 100 minutes and a maximum jail time of 160 minutes, and a maximum fine of $5000.

§604. Manufacture of a Controlled Substance
1.
The act of manufacturing, or in any way creating a controlled substance or otherwise prescription medication, without valid licenses, is a felony.
2. Manufacturing with intent to distribute unlawfully, is a felony.
3. Manufacture of a Controlled Substance carries the minimum jail time of 110 minutes and a maximum jail time of 180 minutes, and a maximum fine of $25,000.

§605. Underage Possession of Alcohol
1.
The act of willfully possessing, drinking, purchasing or attempting to purchase an alcoholic beverage, while being under the age of 21, and not in a private residence with a legal guardian over the age of 21, is an infraction.
2. Alcohol should be revoked and a warning given. Underage Poss. of Alcohol, if a second time offence, carries the fine of $250.

§606. Public Intoxication
1.
The act of being intoxicated in public, and causing a disturbance, ruckus or otherwise nuisance as a result of that intoxication, is a misdemeanor.
2. Public Intoxication carries the jail time of 30 minutes and a maximum fine of $1000.

§607. Furnishing Alcohol to an Underage Person
1.
The act of knowingly or unknowingly selling, furnishing, giving or providing an underage person with alcohol, is a misdemeanor.
2. Furnishing Alcohol carries the jail time of 30 minutes if the underage person injured themselves or someone else as a result of consuming the alcohol, and a fine of $1000 otherwise.

§608. Possession of Drug Paraphernalia
1.
To possess drug equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, is a misdemeanor.
2. Poss. of Drug Paraphernalia carries the jail time of 30 minutes, and a maximum fine of $200.

§609. Smuggling of Contraband
1.
The act of possessing illegal liquor or tobacco products with the intent to distribute, is a felony.
2. The act of possessing more than six bottles of illegal liquor (or 10 packs of illegal tobacco products), regardless of intent, is a felony.
3. The act of possessing counterfeit items with the intent to distribute, is a felony.
4. Smuggling of Contraband carries the minimum jail time of 100 minutes and a maximum jail time of 160 minutes, and a maximum fine of $20,000.
TITLE 6. CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY


§601. Possession of a Controlled Substance
1. The act of possessing less than, or exactly, 5 grams (or eight tablets) of any controlled substance except cannabis (marijuana), or otherwise prescription medication, on one's body or in one's properties, without a valid medical prescription, is a misdemeanor.
2. The act of possessing more than 5 grams but less than, or exactly, 20 grams of cannabis (marijuana), or more than 2 grams but less than 8 grams of concentrated cannabis products, on one's body or in one's properties is an infraction.
3. Possession of a Controlled Substance is permitted, via a license, for scientific research and by pharmaceutical companies, as per the Controlled Substances Act of 2020.
4. Misdemeanor Possession of a Controlled Substance (§601.1) carries the jail time of 30 minutes, and a maximum fine of $1000.
5. Infraction Possession of a Controlled Substance (§601.2) carries a minimum fine of $500 and a maximum fine of $2000. Do not enter as a criminal record - enter as a fine.

§602. Possession with the Intent to Distribute
1. The act of possessing a controlled substance or otherwise prescription medication, on one's body or in one's properties, without a valid medical prescription, with the intent to sell or distribute them, regardless of quantity, is a felony.
2. The act of possessing more than 5 grams (or eight tablets) of a controlled substance, except cannabis (marijuana), or otherwise prescription medication, on one's body or in one's properties, regardless of intent, is a felony.
3. The act of possessing more than 20 grams of cannabis (marijuana) or more than 8 grams of concentrated cannabis on one's body or in one's properties, regardless of intent, is a misdemeanor.
4. Felony Possession with Intent (§602.1, §602.2) carries the jail time of 80 minutes, and a maximum fine of $5000. Use "Felony Poss. Subst. w/ Intent".
5. Misdemeanor Possession with Intent (§602.3) carries the jail time of 50 minutes, and a maximum fine of $3000. Use "Misd. Poss. Subst. w/ Intent".

§603. Distribution of a Controlled Substance
1. The act of selling a controlled substance or otherwise prescription medication, without a valid license, is a felony.
2. Distribution carries the minimum jail time of 100 minutes and a maximum jail time of 160 minutes, and a maximum fine of $5000.

§604. Manufacture of a Controlled Substance
1. The act of manufacturing, or in any way creating a controlled substance or otherwise prescription medication, without a valid license, is a felony.
2. Manufacturing with intent to distribute unlawfully, is a felony.
3. The possession, growing, maintaining and harvesting of not more than 1 (one) cannabis plant is permitted for personal use.
4. Manufacture of a Controlled Substance carries the minimum jail time of 110 minutes and a maximum jail time of 180 minutes, and a maximum fine of $25,000.

§605. Underage Possession
1. The act of willfully possessing, drinking, purchasing or attempting to purchase an alcoholic beverage, or willfully possessing, smoking, purchasing or attempting to purchase cannabis (marijuana), while being under the age of 21, and not in a private residence with a legal guardian over the age of 21, is an infraction.
2. Alcohol/cannabis should be revoked and a warning given. Underage Possession if a second time offence, carries the fine of $250.

§606. Public Intoxication
1. The act of being intoxicated in public, whether via alcohol or other substances, and causing a minor disturbance, ruckus or otherwise nuisance as a result of that intoxication, is an infraction.
2. Public Intoxication shall be upgraded to §701. Disorderly Conduct, should the severity of the disturbance call for it.
3. Public Intoxication carries a fine of $500.

§607. Furnishing Alcohol to an Underage Person
1. The act of knowingly or unknowingly selling, furnishing, giving or providing an underage person with alcohol, is either a misdemeanor or an infraction.
2. Furnishing Alcohol carries the jail time of 30 minutes (misdemeanor) if the underage person injured themselves or someone else as a result of consuming the alcohol, and a fine of $1000 otherwise (infraction).

§608. Possession of Drug Paraphernalia
1. To possess drug equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, is a misdemeanor.
2. Licensed manufacturers, distributors and scientific research centers are exempt from this section.
3. Private persons are permitted to grow and use cannabis (marijuana), therefore paraphernalia related to the reasonable private planting, growing, maintaining and harvesting of cannabis plants is exempt, together with the reasonable paraphernalia for the inhalation of cannabis (marijuana).
4. Poss. of Drug Paraphernalia carries the jail time of 30 minutes, and a maximum fine of $200.

§609. Smuggling of Contraband
1. The act of possessing illegal liquor or tobacco products with the intent to distribute, is a felony.
2. The act of possessing more than six bottles of illegal liquor (or 10 packs of illegal tobacco products), regardless of intent, is a felony.
3. The act of possessing counterfeit items with the intent to distribute, is a felony.
4. Smuggling of Contraband carries the minimum jail time of 100 minutes and a maximum jail time of 160 minutes, and a maximum fine of $20,000.
 

Limitless

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June Penal Code update. Should be officially into force from 8th June.

The following crimes have included an attempt to commit the crime as part of their definition. An attempt at committing the crime is, as such, the same as if the crime had been carried through to the end:
§211. Extortion
§214. Cybercrime
§303. Bribery of a Public Official (implied through "offering")
§308. Prison Break
§309. Unlawful Rescue
§401. Treason
§402. Espionage
§403. Sedition
§404. Terrorism
The following crimes have a clause included that the punishment for an attempted crime is the same as if the crime was carried through to the end.
§108. False Imprisonment
§109. Kidnapping
§110. Human Trafficking
§111. Rape
§114. Robbery
§115. Armed Robbery
§120. Identity Theft
§203. Burglary
§204. Arson
§206. Grand Theft
§208. Embezzlement
§209. Fraud
§210. Forgery
§301. Obstruction of Justice
§302. Tampering with Evidence
§603. Distribution of a Controlled Substance
§604. Manufacture of a Controlled Substance
§808. Illegal Firearm Distribution
Crimes without the above distinctions do not have a statutory-recognized "attempt", and as such an "attempt" to commit them is not punishable, or is simply legally or logically impossible. For arresting, sentencing and level of proof required, there is no practical difference between the two distinctions, except that an attempt could be RPly viewed as less serious when it is not part of the actual definition of the crime.

The Racketeering charge has been completely updated:
§212. Racketeering
1.
The act of knowingly receiving proceedings from a pattern of racketeering activity as part of an enterprise, is a felony.
2. The act of knowingly overseeing a pattern of racketeering activity as a high-ranked member in an enterprise, without necessarily conspiring to commit any crime, is a felony.
3. "Racketeering activity" means committing, attempting to commit, conspiring to commit, or intentionally blessing, aiding, soliciting, coercing, or intimidating another person to commit any of the below:
§105. Murder
§106. Attempted Murder
§109. Kidnapping
§110. Human Trafficking
§114. Robbery
§115. Armed Robbery
§118. Mutual Combat
§120. Identity Theft
§203. Burglary
§204. Arson
§206. Grand Theft
§208. Embezzlement
§209. Fraud
§210. Forgery
§211. Extortion
§213. Receiving Stolen Property
§301. Obstruction of Justice
§302. Tampering with Evidence
§303. Bribery of a Public Official
§311. Introduction Of Contraband
§602. Possession with the Intent to Distribute
§603. Distribution of a Controlled Substance
§604. Manufacture of a Controlled Substance
§609. Smuggling of Contraband
§708. Illicit Gambling Practices
§709. Illicit Liquor Practices
§715. Pimping
§807. Firearm Possession with Intent
§808. Illegal Firearm Distribution
4. “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that:
a. have the same or similar purposes, results, participants, victims, or methods of commission or otherwise are interrelated by distinguished characteristics;
b. are not isolated incidents;
c. occurred within a month of each other.
5. "Enterprise" for the purposes of this section is any company, business, organization or association with 3 members or more, regardless of purpose, formality or legality.
6. Racketeering carries the minimum jail time of 120 minutes and a maximum jail time of 150 minutes, and a maximum fine of $50,000.
Updated the Evading charge - added a clarification to the definition and vehicle impound as statutory punishment:
§306. Evading
1. The act of knowingly fleeing, escaping or evading a law enforcement officer while in control of a vehicle after emergency lights have been activated or contact has been made, is a misdemeanor.
2. Evading carries the minimum jail time of 60 minutes and a maximum jail time of 90 minutes, a maximum fine of $5000, and a 8 hour vehicle impound.
Completely new charge, §312. Aggravated Evading:
§312. Aggravated Evading
1.
The act of §306. Evading while in control of a supercar or a vehicle with considerable weight and power, is a felony.
2. A vehicle with considerable weight and power is any of the following models: Trashmaster, Coach, Bus, Yankee, Mule, Benson, Boxville, Packer, Tanker, Linerunner, Roadtrain, Flatbed, Dumper, DFT-30, Cement Truck, Combine Harvester, Monster Truck, Journey.
3. A supercar is any of the following models: Bullet, Cheetah, Super GT, Turismo, Infernus, ZR-350, Banshee.
4. Aggravated Evading carries the minimum jail time of 75 minutes and a maximum jail time of 110 minutes, a maximum fine of $10,000, and a 8 hour vehicle impound.
Minor update to the Contempt of Court charge - knowingly violating any order can lead to contempt:
§406. Contempt of Court
2. To wilfully and knowingly violate a court-issued (restraining) order, is a misdemeanor.
Addition to Failure to Pay a Fine - someone who has not paid a fine according to the law, must be given at least one formal warning to pay their fines or seek the fine repayment program before he/she may be arrested. It is not written but best practice should be at least a day between the warning and the arrest.
§408. Failure to Pay a Fine
3. A person must be given at least 1 (one) formal warning before being arrested for Failure to Pay a Fine. ((use the notes feature on the MDC to record giving it))
The punishments for the following crimes now permits vehicle impound, upon the discretion of a law enforcement officer:
§502. Reckless Driving (Misdemeanor ONLY)
§503. Driving Without a License
§517. Hit and Run
§518. Felony Hit and Run
Modified Driving Without a Helmet - it is now Riding Without a Helmet and is valid for both the driver and the passenger:
§505. (Driving) Riding Without a Helmet
1. The act of operating, or being a passenger on a motorcycle on a public roadway with no helmet on, is an infraction.
Modified speeding for 20+ miles and Excessive Speeding to better reflect the severity increment:
§510. Speeding
20+ miles but below 30 miles above the specified legal limit — $2000 as well as either infraction or misdemeanor Reckless Driving, depending on severity.
§511. Super-Speeding
3. Super-Speeding carries a citation of $4000 and a license suspension for 6 hours, as well as either infraction or misdemeanor Reckless Driving, depending on severity.
Updated Illicit Gambling Practices to better define what private events are allowed and what are not, in line with observed illicit activities in game:
§708. Illicit Gambling Practices
2. Private gambling events are exempt from this section, provided that:
a. individual bets do not exceed $1000 at a time, and
b. hosting or organizing the gambling event does not, by itself, generate any income for the host ("house"), whether through entry fees, tax on winnings or any other method, and
c. there are no games played with monetary or property bets against a dealer (e.g. Poker is allowed, Black Jack, Roulette and slots are not allowed, et cetera).
Possession of Unlicensed Firearm and Possession of Illegal Firearm have been clarified further. In short, owning a semi-automatic pistol, a shotgun, or other weapon made explicitly legal via the Firearms Act, but without a permit or where the weapon is unregistered, amounts to Possession of Unlicensed Firearm. Similarly, owning an automatic weapon of any kind, or any weapon that is NOT explicitly made legal via the Firearms Act, amounts to Possession of Illegal Firearm. Also, threats with replica firearms are moved from Illegal to Unlicensed to reflect the lighter nature of the crime.
§804. Possession of an Unlicensed Firearm
3. The act of possessing a firearm, explicitly made legal under the Firearms Act of 2019, by an individual unlicensed to possess it. (( for example, semi-automatic pistols and standard shotguns ))
 

Limitless

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Addition to Title 4. Code. The goal is to reduce prison time for most offenders but the effect will be most visible for non-violent misdemeanor offenders. The importance of the misdemeanor and felony classification of charges will rise.

§20408. Non-Violent Incarceration Reduction Clause
1. When a suspect is arrested for committing a series of misdemeanors that are linked in time, the suspect shall be incarcerated only for the most severe misdemeanor. However, all misdemeanors must be added to the suspect's record.
2. When a suspect is arrested for committing a series of misdemeanors and/or felonies that are linked in time, the suspect shall be incarcerated only for the most severe felony and most severe misdemeanor. However, all crimes must be added to the suspect's record.

How is this going to work? Let's explain it.

Take paragraph 1. If you are arrested for Evading (misdemeanor, 90 minutes), Hit and Run (misdemeanor, 40 minutes) and DUI (misdemeanor, 30 minutes), you would have normally been sentenced for 90+40+30=160 minutes. With the new addition, you will only be arrested for 90 minutes, because it is the longest individual sentence from the three charges. However, your record will be updated with all charges as usual.

Paragraph 2. If you are arrested for Evading (misdemeanor, 90 minutes), Hit and Run (misdemeanor, 40 minutes), Possession with Intent to Distribute Narcotics (felony, 80 minutes), and Possession of an Illegal Firearm (felony, 100 minutes), you would have normally been sentenced for 90+40+80+100=310 minutes (240 minutes). With the new addition, you will only be arrested for 90+100=190 minutes, which is the sum of the longest individual misdemeanor sentence (Evading) and the longest individual felony sentence (Illegal Firearm) from the four charges. However, your record will be updated with all charges as usual.

Each individual charge may have aggravating or mitigating circumstances applied to it, as well as the third strike rule, before being considered for charging.

What does "crimes linked in time" mean? It means that all the crimes can be said to have been committed in a single incident. A foot/vehicular pursuit lasting 5 minutes is a single incident, but so is a manhunt lasting 3 hours where the suspect is continuously lost and found. Officer discretion must be applied, however it can be challenged in court.
If someone is arrested for a warrant, but in the process of being arrested he or she commits let's say Resisting Arrest, the charges from the warrant are not from the same incident as the Resisting Arrest. As such they are not linked in time and therefore the provisions of this clause do not apply.

Will come into effect on 6th September, 05:00 BST (GMT+1).
 
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