Crimes against Public Health and Safety

(5)01. Disturbing The Peace

  • A person who creates a dangerous or intimidating situation in a public place or in the public area of private property.

  • A person who attempts to provoke, incite, or promote harm to another person through gestures, language, claims, actions, or other methods.

  • A person whose actions, profanity, language, voice, or noise reasonably disturbs nearby civilians or intends to incite violence.

- Penal Code (5)01 is a misdemeanor punishable by a maximum of 10 months imprisonment and no more than $75 in fines. This falls under Officer Discretion.

(5)02. Unlawful Assembly

  • A person who refuses to leave public property after being ordered to do so by its state agency property manager or a peace officer.

  • A person who refuses to leave the scene of a crime or other area after being ordered to so whose presence could hinder police operations.

  • A group that fails to protest or demonstrate peacefully in a designated “free speech zone” or without proper permits or authorization from the city.

  • A person who refuses to leave private property they were invited to access after being instructed to do so by the property owner or manager.

  • This charge cannot stack with Trespassing of any kind.

- Penal Code (5)02 is a misdemeanor punishable by a maximum of 15 months imprisonment and no more than $125 in fines. This falls under Officer Discretion.

(5)03. Incitement To Riot

  • A person whose actions deliberately agitates or intends to agitate a crowd or large group of people organized or located peacefully in a public or private area in order to promote acts of violence or civil unrest.

  • A group of people who could be reasonably identified by a peace officer to be gang members whose actions in a public area intend to incite violence, encourage mayhem, or promote civil unrest.

- Penal Code (5)03 is a felony punishable by a maximum of 25 months imprisonment and no more than $250 in fines. This falls under Officer Discretion.

(5)04. Vigilantism

  • A person who attempts to effect justice according to their own understanding of right and wrong, or an unauthorized person attempts to enforce the law. A citizen's arrest may only be effected when a civilian, out of fear for their own safety or the safety of their close friends or relatives, subdues or detains another who is violating the law.

- Penal Code (5)04 is a felony punishable by a maximum of 15 months imprisonment and no more than $75 in fines. This falls under Officer Discretion.

NOTES:

Vigilantism does not apply when a law enforcement officer in the vicinity is in need of immediate assistance, and a civilian aids such officer - for example, helping an officer apprehend an unarmed resisting suspect by holding him down.

(5)05. Terrorism***

  • A person who uses systematic threats or actions against the public good to cause fear and intimidation at a grand scale.

  • A person who commits an attack or threatens an attack on a major public or private event, such as a government building, bridge, or other such structure.

  • This charge can only be issued at the order of the Government or a Chief Justice.

- Penal Code (5)05 is a felony punishable by 900 months imprisonment.

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