(REVISION 05-05-2123) Free State of California Penal Code

TITLE I - CRIMES AGAINST PUBLIC PEACE

101. Tax Evasion (F)*
- a) Any person who knowingly, within the time required by law, fails to make, sign, rectify or file any return with the state, city, or any subdivisions thereof or with any public office.
- b) Any person who, with intent to avoid any tax, makes, renders, signs, or verifies any false or fraudulent return or statement or supplies any false or fraudulent information to the state, city, or any subdivisions thereof or with any public office.
*This offense shall be liable under a Class C (2) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment, and a fine under the following criteria of offense count;
1. 5,000 CR fine
2. 10,000 CR fine
3. 15,000 CR fine
If offense is continued, punishment shall revert back to the third offense and continued to be issued.


102. Voter Fraud (F)
- Any person who attempts to add, subtract or delete votes or attempts to falsify the results of an election or otherwise attempts to dissuade or influence the election voting through coercion, persuasion, promises, bribes, threats, violence, fraud, or trickery.
This offense shall be liable under a Class C (2) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


103. Corruption of Public Office (F)
- Any person who, while employed by a municipal, county, or state level agency or organization, or any person acting in concert with a public servant’s act with the intent to defraud the government, or any segment thereof to obtain property, actual service, resources or preferential treatment by false or fraudulent pretenses, representations or promises.
This offense shall be liable under a Class C (4) felony punishable by no less than 2 Days and no more than 4 Days of imprisonment.


104. Neglect of Public Duty (F)
- Any person who, while employed by a municipal, county, or state level agency, organization or other governmental instrumentality, either willfully or negligently refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office, leading to the deterioration of public safety, risk of physical harm, actual physical harm, or a violation of this code.
This offense shall be liable under a Class B (3) or Class C (2) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


105. Bribery of a Public Official (F)
- Any person who confers, or offers, or agrees to confer money, goods, services, benefits, or anything of value to a public employee to improperly influence that individual’s official action, opinion, judgment, decision, or exercise of discretion as a public servant.
This offense shall be liable under a Class C (4) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


106. Incitement To Riot (F)
- Any person who, with the intent to cause a riot, engages in tumultuous or violent conduct that urges a riot, or urges others to commit acts of force, violence, or destruction of property under circumstances that create public alarm.
This offense shall be liable under a Class C (2) felony punishable by no less than 3 Hours and no more than 1 Days of imprisonment.


107. Unlawful Assembly (M)
- a) Any person who refuses to disperse or leave a public facility or ground without possessing a valid permit and has been ordered to leave by law enforcement.
- b) Any person who assembles with two or more people to engage or prepare to engage in violent, boisterous, tumultuous, or violent conduct likely to cause public alarm.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hours and no more than 1 Day of imprisonment.

- Any person who knowingly alters, modifies, manufactures, plants, places, destroys, damages, conceals, or moves anything used as evidence with the intent to prevent, mislead or hinder a legal proceeding or otherwise produce a deceptive effect at such proceeding.
This offense shall be liable under a Class C (5) felony punishable by no less than 2 Hours and no more than 2 Days of imprisonment.


109. Intimidating a Witness or Victim (F)
- Any person who knowingly and maliciously prevents or dissuades or who attempts to prevent or dissuade a witness or victim, from attending or providing testimony at any judicial proceeding or inquiry, or making a report that could lead to criminal action being taken.
This offense shall be liable under a Class B (5) or Class C (3) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


110. Contempt of Court (M)
- a) Any person whose disorderly, contemptuous, or insolent behavior, committed during the sitting of a court, in its immediate view and presence directly tends to interrupt its proceedings or to impair the respect due to its authority.
- b) Any person who through the breach of the peace, noise, or other disturbance, directly tends to interrupt a court's proceedings.
- c) Any person who intentionally disobeys or resists the lawful process or other mandate of a court. This shall also extend to subpoena, parole violations and violations of court orders.
- d) Any person who knowingly publishes a false or grossly inaccurate report of a court's proceedings.
- e) Any person who refuses to pay their criminal or civil fines or fails to do so after being granted a payment plan for said fines.
This offense shall be liable under a Class C misdemeanor punishable by a maximum of 2 Days of imprisonment and/or a fine not exceeding 20,000 CR.
(( This offense will go through a court case by mandatory requirement only if applied for bail violations. ))


111. Perjury (F)
- a) Any person who, having taken an oath that they will testify, declare, depose, or certify truly before any competent tribunal, officer, or in a court sitting willfully and contrary to the oath, states as true any material matter which they know to be false.
- b) Any person who, through written or spoken affidavit, knowingly supplies information that is false, incomplete, or willfully inaccurate, with intent to mislead or delay any process of court procedure.
- c) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence.
This offense shall be liable under a Class C (3) felony punishable by no less than 2 Hours and no more than 2 Days of imprisonment.



112. Obstruction of a Public Duty (M/F)*
- (a) Any person who without a lawful excuse, through the use of coercion, violence, or by using means meant to delay the administration of public justice or interfere with the safety of a bystander or officer, willfully obstruct or delay a public servant in the performance of their duties, with the intent to cause grievous bodily harm, or death, to another.
- (b) Any person who without a lawful excuse, through the use of coercion, violence, or by using means meant to delay the administration of public justice or interfere with the safety of a bystander or officer, willfully obstruct or delay a public servant in the performance of their duties, with the intent to cause serious damage to property which exceeds 50,000 CR, or some other serious loss which exceeds 100,000 CR, or minor bodily harm to another.
- (c) Any person who without a lawful excuse, through the use of coercion, violence, or by using means meant to delay the administration of public justice or interfere with the safety of a bystander or officer, willfully obstruct or delay a public servant in the performance of their duties, with
the intent to:
(i) cause some loss amounting to no more than 50,000 CR, or
(ii) subvert, or cause another to subvert, public order.
*For any violation(s) of provision (a) of this offense shall be liable under a Class A (4) felony punishable by no less than 45 minutes but no more than 4 hours.
*For any violation(s) of provision (b) of this offense shall be liable under a Class B (3) felony punishable by no less than 25 minutes but no more than 45 minutes.=
*For any violation(s) of provision (c) of this offense shall be liable under a Class C misdemeanor punishable by no more than 25 minutes.


113. Obstructing a Peace Officer's Animal (M)(F)
- a) Any person who willfully and maliciously, and with no legal justification, interferes with or obstructs any animal being used by a peace officer in the discharge or attempted discharge of their duties by frightening, teasing, agitating, harassing, or hindering the animal.
- b) Any person who willfully with no legal justification, strikes, beats, kicks, cuts, stabs, shoots, poisons, or otherwise injures a peace officer's animal that is working at the supervision of a peace officer.
*For any violation(s) of provision (a) this offense shall be liable under a Class B misdemeanor punishable by no less than 12 hours and no more than 1 Days of imprisonment.
*For any violation(s) of provision (b) this offense shall be liable under a Class B misdemeanor punishable by no less than 1 Days and no more than 2 Days of imprisonment.
*For any violation(s) of provision (c) this offense shall be liable under a Class A (3) felony punishable by no less than 2 Days and no more than 4 Days of imprisonment.


114. Escape from Lawful Custody (F)
- Any person arrested, booked, charged, or convicted of a criminal offense, and who thereafter escapes from a county or city jail, prison, detention facility, community service, or the custody of a correctional officer in charge of them.
This offense shall be liable under a Class C (4) felony punishable by no less than 3 Days and no more than 5 Days of imprisonment.


115. Evading a Peace Officer (F)
- Any person who, while operating or upon entering a motor vehicle, or bicycle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer.
This offense shall be liable under a Class C (4) felony punishable by no less than 12 hours and no more than 3 Days of imprisonment. A 7 Days license suspension shall also be given. The criteria for impounds & fines for the vehicle itself are outlined here;
*7 Days Impound of Vehicle + 5,000 CR fine
*14 Days Impound of Vehicle + 10,000 CR fine
*14 Days Impound of Vehicle + 20,000 CR fine
If offense is continued, the punishment shall revert back to the third offense and continue to be issued.
Note: This is against the person and not the vehicle, therefore if evasion is commenced in a different vehicle, the vehicle on the latest offense may be impounded. If it belongs to someone else it is up to them to prove the vehicle was stolen in order to recover the vehicle. Vehicles will also be crushed, if unregistered.


116. Resisting Arrest (M)
- Any person who intentionally delays, avoids, obstructs, prevents or attempts to prevent a peace officer from effecting the apprehension of himself or another person or in the discharge or attempted discharge of their duties. Shall extend to lying to a peace officer.
This offense shall be liable under a Class C misdemeanor punishable by no less than 3 Hours and no more than 1 Day of imprisonment.


117. Lying to Government Agents (M)
Any person who knowingly and willfully makes any materially false, fictitious or fraudulent statement or representation in any matter within the jurisdiction of the executive, legislative or judicial branch of the Free States.
This offense shall be liable under a Class C misdemeanor punishable by no less than 3 Hours and no more than 2 Days of imprisonment, and a fine of 10,000 CR.
118. Misuse of an Emergency Hotline (M)
Any person who uses a government hotline, intended for either emergency or non-emergency assistance, with a purpose other than contacting the government with a legitimate concern or ushering for immediate assistance, including prank calls, jokes, or any other kind of distraction.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hour and no more than 1 Day of imprisonment, and a fine of 5,000 CR.


119. False Impersonation (M)
- a) Any person who presents themselves as another or pretends to be a representative of some person or organization or impersonates another by communication by internet website or electronic means and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another.
- b) Any person who pretends to be a public servant, wears or displays without authority any uniform, badge, or insignia by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant and so acts with intent to induce another to submit to such pretended official authority.
*For any violation(s) of provision (a) this offense shall be liable under a Class C misdemeanor punishable by no less than 4 hours and no more than 1 Day of imprisonment.
*For any violation(s) of provision (b) this offense shall be liable under a Class C misdemeanor punishable by no less than 1 Day and no more than 2 Days of imprisonment, and a fine of 10,000 CR.


120. Assault & Battery on a Government Worker (F)
- Any person who attempts to injure, maim, or otherwise harm a member of the government while conducting official duties.
This offense shall be liable under a Class A (5), or Class B (4) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


121. Forgery (M)
- Any person who knowingly creates, completes or alters a written instrument, with the intent to defraud, deceive or injure another
This offense shall be liable under a Class C misdemeanor punishable by no less than 3 Hours and no more than 1 Days of imprisonment.


122. Fraud (M)(F)
- a) Any person who knowingly, by any means of false representation by words, conduct, misleading allegation or by concealment of facts or written instruments attempts to defraud any other person of money, labor, or property, whether real or personal. (M)
- b) Fraud resulting in the loss of 15,000 CR or more in monetary value will be considered a felony charge. (F)
*For any violation(s) of provision (a) this offense shall be liable under a Class C misdemeanor punishable by no less than 6 Hours and no more than 1 Days of imprisonment.
*For any violation(s) of provision (b) this offense shall be liable under a Class C (2) felony punishable by no less than 1 Days and no more than 2 Days of imprisonment.


123. Money Laundering (F)
- Any person who knowing that a property or monetary instruments represent the proceeds of criminal conduct, or the criminal sale of a controlled substance or weapons, or an act of terrorism, they conduct such financial transactions involving such proceeds or transports, transmits, or transfers such monetary instruments with the intent to promote the carrying on of criminal conduct, knowing such transactions in whole or in part are designed to conceal or disguise the nature, the location, the source, the ownership or the control of the proceeds of criminal conduct, or avoid any transaction reporting requirement imposed by law.
*When the total value of the property involved in such financial transaction(s) does not exceed 10,000 CR, this offense shall be liable under a Class C (2) felony punishable by no less than 2 Days and no more than 4 Days of imprisonment.
*When the total value of the property involved in such financial transaction(s) exceeds 10,000 CR, this offense shall be liable under a Class C (3) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.
*When the total value of the property involved in such financial transaction(s) exceeds 100,000 CR, this offense shall be liable under a Class C (4) felony punishable by no less than 2 Days and no more than 4 Days of imprisonment.
*When the total value of the property involved in such financial transaction(s) exceeds 500,000 CR, this offense shall be liable under a Class C (5) felony punishable by no less than 3 Days and no more than 5 Days of imprisonment.
*When the total value of the property involved in such financial transaction(s) exceeds 1,000,000 CR, this offense shall be liable under a Class C (6) felony punishable by no less than 6 Days and no more than 9 Days of imprisonment.


124. Defacing Currency (M)
- Any person who mutilates, cuts, defaces, disfigures, destroys, or perforates, or unites or cements together, or does any other thing to any federally recognized bank bill or note with intent to render such bank bill or note unusable.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 hour and no more than 1 Days of imprisonment.


125. Disturbing the Peace (M)
- Any person who without regard to the public decency, causes disruption by means of loud music, offensive or vulgar words, or conduct leading to a disruption of community activities or tranquility.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hour and no more than 1 Days of imprisonment, and a fine of 2,500 CR.


126. Racketeering (F)
- (a) It shall be unlawful for any person, group of persons, or organization(s), to knowingly engage or participate in, or conspire to engage or participate in, a pattern of racketeering activity, or through the collection of an unlawful debt, in the service of, association with or employment by any enterprise.
- (b) It shall be unlawful for any person through a pattern of criminal racketeering activity or through the collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, commercial activity.
Note: For the purposes of this section:
*"Enterprise" and all variations shall reference any coordinated, cooperative or collaborative activity undertaken by two or more persons associated by partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact but not necessarily through a legal entity with the intention of achieving financial or other material gain for the affiliated persons.

*"Racketeering activity" and all variations shall refer to any act involving the commission or attempted commission, a conspiracy to commit, threat to commit or to intentionally aid, solicit, order, coerce or intimidate another person to commit any unlawful activities defined within any of the following listed within the Penal Code:

*"Pattern of racketeering activity" and all variations shall refer to a minimum of two acts of racketeering activity, one of which occurred after the effective date of this section and the last of which occurred within twenty days after the commission of a prior act of racketeering activity, excluding any period of imprisonment.

*"Unlawful debt" and all variations shall reference any money or other things of value constituting principal or interest of a debt that is incurred or contracted in violation of any of the aforementioned activities.

TITLE III - CRIMES AGAINST PROPERTY

301. Arson (F)
- A person who willfully and maliciously sets fire to or burns or causes to be burned or who aids or advises the burning of, any structure, forest land, or property.
This offense shall be liable under a Class A (5) felony punishable by no less than 3 Days of imprisonment.


302. Burglary (F)
- Any person who enters or unlawfully remains in any unoccupied publicly or privately owned commercial or residential structure, with the intent to procure items through illicit means, or with intent to commit a crime there.
This offense shall be liable under a Class C (3) felony punishable by no less than 1 Days and no more than 2 Days of imprisonment.


303. Home Invasion (F)
- Any person who invades any occupied residential structure with or without knowing if there are people or not in the property when the act took place, with the intent to procure items through illicit means, or with intent to commit a crime therein.
This offense shall be liable under a Class C (4) felony punishable by no less than 2 Days and no more than 4 Days of imprisonment.


304. Grand Theft (F)
- Any person who steals, takes, carries, leads, or drives away the personal property of another individual or organization in value of 5,500 CR or more. This charge also includes petty theft of services, which is the intentional failure to pay for rendered services valued at 5,500 CR or more.
This offense shall be liable under a Class C (2) felony punishable by no less than 2 Hours and no more than 1 Days of imprisonment.


305. Petty Theft (M)
- Any person who steals, takes, carries, leads, or drives away the personal property of another individual or organization in value of 5,500 CR or less. This charge also includes petty theft of services, which is the intentional failure to pay for rendered services valued at 5,500 CR or less.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hours and no more than 1 Day of imprisonment.


306. Grand Theft Auto (F)
- Any person who steals or attempts to steal or who takes, leads, or drives away another person’s vehicle, without their permission. This charge also includes breaking into a parked vehicle, with or without the attempt to steal the vehicle itself.
This offense shall be liable under a Class C (4) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


307. Grand Theft Of A Firearm (F)
- Any person(s) who commits theft of any registered firearm, no matter the value.
This offense shall be liable under a Class C (3) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


308. Possession of Burglary Tools (M)
- Any person having upon him or her in his or her possession a picklock, crow, key bit, crowbar, screwdriver, tension bar, lock pick gun, master key, or other instrument or tool with intent to breach a lock without possession of proper licensing.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hour and no more than 1 Day of imprisonment.


309. Receiving Stolen Property (M)
- Any person who buys or receives any property that has been stolen or that has been obtained in any manner that constitutes theft or extortion with knowledge of status.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hours and no more than 1 Days of imprisonment.


310. Trespassing (M)
- Any person who enters another's property with the intent to interfere with or obstruct the business activities conducted thereon, or enters and occupies another's property without permission, or refuses to leave private property after being asked by an owner, manager, resident, or employee.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hour and no more than 1 Days of imprisonment.


311. Vandalism (M)
- Any person who defaces, damages, or destroys property not his or her own. Does not extend to burning.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hour and no more than 1 Days of imprisonment, and a fine of 2,500 CR.


312. Embezzlement (M)(F)
- Any person who when there was a trust or fiduciary relationship between him or her and a private organization or State or local government agency:
- a) He or she unlawfully takes such property into their possession or care by virtue of employment.
- b) He or she unlawfully engages in a systematic course of conduct constituting a fraudulent conversion or appropriation of property to his/her own use.
- c) He or she acts with the intent to deprive the owner of the use of this property.
When a total value of the property involved in such financial transaction(s) does not exceed 30,000 CR, this offense shall be liable under a Class C misdemeanor punishable by no less than 6 Hours and no more than 1 Day of imprisonment.
When the total value of the property involved in such financial transaction(s) exceeds 30,000 CR, this offense shall be liable under a Class C (2) felony punishable by no less 1 Day and no more than 3 Days of imprisonment.

TITLE V - CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS

501. Indecent Exposure (M)
- Any person(s) who willfully and lewdly exposes their person, or the private parts thereof, in any public place, or in any place where there are present other persons.
This offense shall be liable under a Class C misdemeanor punishable by no less than 3 Hours and no more than 1 Day of imprisonment.


502. Lewd or Dissolute Conduct in Public (M)
- Any person(s) who solicits anyone to engage in or engages in lewd or dissolute or inappropriate conduct in any public place or in any place open to the public or exposed to public view.
This offense shall be liable under a Class C misdemeanor punishable by no less than 2 Hours and no more than 1 Day of imprisonment.


503. Prostitution (M)
- Any person(s) who encourages or persuades a person to engage in sexual activity for monetary gain, whether it be the prostitute or the customer.
This offense shall be liable under a Class C misdemeanor punishable by no less than 2 Hours and no more than 1 Day of imprisonment.


504. Pandering/Pimping (F)
- Any person who solicits or advertises, aids, or provides transport or otherwise supervises persons involved in prostitution and retains money earned during the commission of the offense of prostitution or any person who causes, induces or encourages another person to become a prostitute by promises, threats, violence or any scheme.
This offense shall be liable under a Class C (2) felony punishable by no less than 1 Days and no more than 2 Day of imprisonment.


505. Stalking (M)
- Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person, and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.
This offense shall be liable under a Class C misdemeanor punishable by no less than 12 hours and no more than 1 Days of imprisonment.


506. Gaming Fraud (M)(F)
- Any person who by any device, sleight of hand, trick, deception or other means whatever, by use of cards or other implements or instruments, or while betting during any play or game, fraudulently obtains from another person money or property.
When the total value of the money or property fraudulently obtained does not exceed 10,000 CR, this offense shall be liable under a Class C misdemeanor punishable by no less than 3 Hours and no more than 1 Day of imprisonment.
When the total value of the money or property fraudulently obtained exceeds 10,000 CR, this offense shall be liable under a Class C (2) felony punishable by no less than 1 Days and no more than 2 Days of imprisonment.
Note: For the purposes of this section, “fraudulently obtains” includes, but is not limited to, changing the amount bet or wagered on, cheating, for example, gaining an unfair advantage for any player in any game through a technique or device not sanctioned by the rules of the game.


507. Child Abuse (F)
- Any person who willfully inflicts upon a child under 18 years old any cruel or inhumane corporal punishment or an injury resulting in a traumatic condition, or puts a child in a situation or circumstance that invites great bodily harm or injury, or causes minor harm or injury to the child.
This offense shall be liable under a Class A (7), or Class B (5) felony punishable by no less than 2 Days and no more than 4 Days of imprisonment.


508. Child Neglect (F)
- Any person who fails to provide physical necessities such as clothing, food, shelter, and medical or other remedial care for his/her minor child without a lawful excuse.
This offense shall be liable under a Class A (4) or Class B (3) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


509. Sale of Alcohol / Tobacco to a Minor (M)
- Any person(s) who willfully and knowingly sells alcohol and/or tobacco to an individual under the age of 21.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hours and no more than 1 Days of imprisonment.


510. Minor Alcohol / Tobacco Violation (M)
- Any person under the age of 21 who is in possession of alcohol, alcohol-based products, or appears to be under the influence of alcohol, or any tobacco-based products.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hour and no more than 1 Days of imprisonment.


511. Animal Abuse (F)
- Any person who maliciously and intentionally maims, mutilates, tortures, assaults, wounds, or kills a living animal, or holds ownership to a pet that is not considered domesticated and safe for the animal or the owner.
This offense shall be liable under a Class A (5), or Class B (4) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.

TITLE VII - CRIMES RELATING TO FIREARM REGULATION


701. Possession of a Prohibited Firearm (F)
- Any person who possesses any firearm that is prohibited by state or federal law, or contains illegal modifications in its setup, or firearms banned from entry, sale, or transportation into the State of California, without appropriate permit.
This offense shall be liable under a Class C (4) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


702. Possession of an Explosive or Incendiary Device (F)
- Any person who possesses any explosive or incendiary device that is prohibited by state or federal law or explosive or incendiary devices banned from entry, sale, or transportation into the State of California, without appropriate permit.
This offense shall be liable under a Class C (4) felony punishable by no less than 2 Days and no more than 4 Days of imprisonment.


703. Unlicensed Sale of Firearm or Explosives (F)
- Any person who illegally sells, gives, or buys firearms, explosives, incendiary devices, or any other similar device or improvised devices of any type without proper permits or permissions.
This offense shall be liable under a Class C (4) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


704. Brandishing a Deadly Weapon (F)
- Any person who, except in self-defense, in the presence of another person, draws, holds, points, a deadly weapon or instrument, firearm or object similar, whether loaded or unloaded in a rude, angry, or threatening manner as to reasonably induce fear in the mind of another.
This offense shall be liable under a Class B (3) felony punishable by no less than 12 hours and no more than 2 Days of imprisonment.


705. Discharging A Firearm in Public (F)
- Any person who intentionally discharges a firearm into any building, vehicle, or in a public or other populated area, causing severe endangerment, actual physical harm, or risk of physical harm to another person.
This offense shall be liable under a Class C (2) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


706. Discharging A Firearm From A Motor Vehicle (F)
- a) Any driver or owner of any vehicle who knowingly permits any other person to discharge any firearm from the vehicle.
- b) Any person who willfully and maliciously discharges a firearm from a motor vehicle at another person other than an occupant of a motor vehicle
This offense shall be liable under a Class A (7), or Class B (5) felony punishable by no less than 1 Days and no more than 3 Days of imprisonment.


707. Reckless Handling of Firearms (M)
- a) Any person who handles any firearm in a grossly negligent manner so as to endanger the life, limb or property of any person.
- b) Any person who carries or transports a firearm while under the influence of marijuana, narcotic drug, mind altering drug, any other controlled substance, or exceeding 0.08% BAC.
- c) Any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked, thereafter hunts or traps while in possession of a firearm.
This offense shall be liable under a Class B, or Class C misdemeanor punishable by no less than 3 Hours and no more than 2 Days of imprisonment.


708. Firearm Code Violation (M)
- Any person who fails to abide by firearm regulations as endorsed by the State Handling and Firearms Training Act given by the municipal authority.
This offense shall be liable under a Class C misdemeanor punishable by no less than 1 Hours and no more than 1 Days of imprisonment.


709. Possession of a Firearm by Convicted Felon (F)
- Any person who carries or possesses a firearm on their person, vehicle, place of business, or another facility they own or are directly managing while being previously convicted of a felony charge under the laws of the Free States or California is guilty of a Felony.
This offense shall be liable under a Class C (5) felony punishable by no less than 12 hours and no more than 1 Days of imprisonment.

TITLE IX - SENTENCING ENHANCEMENTS
- 901) Criminal charges and penalties are stackable for each occurrence as long as they are distinct criminal acts that occur at different times, or occur to different people.
- 901) Each criminal offence must have at least one mutually exclusive element. If any one offense is completely subsumed by another the two offenses are deemed the same, and punishment is allowed only for one.
- 902) Gang Enhancements - Any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal gang, or with the specific intent to promote, further, or assist in any criminal conduct by gang members, may be punished as follows:


ALIEN DETENTION CLAUSE
- 903.) The Alien Detention Clause, shall be used in accordance with any individual which cannot be identified upon arrest due to a lack of documentation and/or lack of cooperation. It may not be used on an individual who has been identified, but simply refuses to give their name or cooperate with law enforcement as this would fall under Resisting Arrest. All possible means to identify the individual must have been attempted before anyone is held under this clause.
- 904.) Upon enactment of the Alien Detention Clause by an authorized law enforcement officer, the individual who cannot be identified shall be subject to indefinite detention in an authorized jail until the identity of the individual can be ascertained by law enforcement officials. All appropriate reports must still be completed and attached to the arrest under a “John Doe” entry.

TITLE XII - ARREST & SEARCH WARRANT JUDICIAL PROCEDURE

ARREST WARRANTS
- 1201.) A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a crime. Justices of the Supreme Court and judges of the Superior Court are defined as magistrates.
- 1202.) When a declaration of probable cause is made by a peace officer of this state, the magistrate, if, and only if, satisfied from the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense, shall issue a warrant for the arrest of the defendant.
- 1203.) The declaration in support of the warrant of probable cause for arrest shall be a sworn statement made in writing.
- 1204.) Before issuing a warrant, the magistrate may examine under oath the person seeking the warrant and any witness the person may produce, take the written declaration of the person or witness, and cause the person or witness to subscribe to the declaration


SEARCH WARRANTS
- 1205.) A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property.
- 1206.) A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched.
- 1207.) The magistrate, before issuing the warrant, may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the party or parties making them.
- 1208.) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
- 1209.) A search warrant shall be executed and returned within 10 days after the date of issuance. A warrant executed within the 10-day period shall be deemed to have been timely executed and no further showing of timeliness need be made. After the expiration of 10 days, the warrant, unless executed, is void. Upon execution, a written copy of the warrant and any supporting affidavit(s) must be presented to the subject(s) of the search upon their request.


FAILURE TO PAY A FINE
- 1210.) A judge or magistrate may issue a warrant for Contempt of Court of a defendant who wilfully fails to pay their criminal or civil fines when those exceed the amount of 20,000 CR. If the defendant is unable to pay their fines, a payment plan may be offered at the discretion of a judge or magistrate in alignment with the defendant’s ability to pay.
- 1211.) If a person refuses to pay a fine exceeding the designated amount, a judge or magistrate may force cooperation by issuing an arrest warrant for P.C 110 Contempt of Court and/or by ordering the seizure of the defendant’s assets that are minimally required to cover outstanding fines either temporarily or indefinitely

TITLE XIV - OFFICER SAFETY

OFFICER SAFETY
- 1401.) A peace officer's reasonable suspicion of a person to commit or conspire to commit a crime is sufficient to allow the individual in question to be detained for questioning.
- 1402.) If a peace officer is under reasonable suspicion of an individual being armed, they may engage in a Terry Frisk, specifically looking for firearms by an outer pat-down of the individual's exterior clothing.
- 1403.) Exigent Circumstances is defined as, “circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.” It may be used by officers in any circumstance that meets the definition of exigent circumstance.


PLAIN VIEW DOCTRINE
- 1404.) A peace officer has the authority to confiscate and record evidence upon any event that is in their plain view.
- 1405.) Any person who allows a peace officer permission to view or enter a facility, equipment or area will waive their fourth amendment rights against a search. A person may revoke aforementioned permission at any time. Any evidence found up until that point will be admissible in court


GOOD SAMARITAN & AMERICAN BYSTANDER DOCTRINE
- 1406.) Any citizen who witnesses someone in need of aid, or care, may provide such aid as long as they are not negligent in conduct, and may not be subject to liability.
- 1407.) Any citizen who witnesses someone in need of aid, or care, may refuse to acknowledge the need and ignore the situation, and shall not be held liable for inaction.


VIDEO & AUDIO RECORDING POLICY
- 1408.) Government Employees may be recorded at all times while conducting their official duties.
- 1409.) The State of California affords the right of individuals to film and or record others, without consent, unless a reasonable person would have the expectation of privacy. Public places should always negate this expectation of privacy. This clause does not extend to law enforcement officials conducting investigations involving a private setting, who must ascertain a warrant in relation to said investigation.