Crimes against the Person
(1)01. Intimidation
A person who communicates to another that they will physically harm or kill such another, placing such another in a reasonable state of fear for their own safety — in person, writing, or through media.
A person who communicates that they will physically harm or kill another person’s close friends or relatives — in person, writing, or through media.
*Notes: Intimidation differs from assault in terms of the distance between the acts. Intimidation can occur across the street, while assault is up close, within reach of leading to battery. Intimidation replaces criminal threats.
- Penal Code (1)01 is a misdemeanor punishable by no more than 12 months imprisonment and no more than a fine of $75.
(1)02. Assault
A person who intentionally puts another in the reasonable belief of imminent physical harm or offensive contact.
*Notes:
Assault is defined by distance the threats occur. Someone a few feet away threatening to harm or kill you at any moment is assault. Intimidation is less severe as there’s a distance that someone can escape through, or that the perpetrator has more time to reconsider the threat.
Any violent physical contact is considered to be battery, however grabbing someone during a threat may be either assault or battery, depending on intention and interpretation.
- Penal Code (1)02 is a misdemeanor punishable by no more than 10 months imprisonment and no more than a fine of $50. This falls under Officer Discretion.
(1)03. Assault With A Deadly Weapon
A person who attempts to cause or threaten immediate harm to another while using a weapon, tool, or other dangerous item to communicate that threat.
- Penal Code (1)03 is a felony punishable by imprisonment of no more than 20 months and no more than 75$ in fines. This falls under Officer Discretion.
NOTES:
Assault With A Deadly Weapon matches the description of Assault, but the perpetrator also has a weapon or tool being used to communicate or facilitate that violence or fear. See Assault for additional notes. Any act of Intimidation with a weapon is considered Assault With a Deadly Weapon, but they must be visibly seen for this to count.
(1)04. Battery
A person who uses intentional and unlawful force or violence to cause physical harm to another person.
- Penal Code (1)04 is a misdemeanor punishable by no more than 20 months imprisonment and no more than a fine of $80. This falls under Officer Discretion.
NOTES:
Battery is defined as the moment aggressive physical contact occurs. The first punch or two would be Battery. To keep punching and fighting extensively afterward is Aggravated Battery.
Grabbing someone may be either assault or battery, depending on the circumstances.
(1)05. Aggravated Battery
A person who uses great or continued force or violence against another person and causes severe harm.
A person that uses a weapon, tool or other dangerous item to cause severe harm to a person(s).
- If a weapon is used and severe harm is inflicted on a person(s), the perpetrator shall receive the maximum sentence.
NOTES:
Aggravated Battery is the continued violence or battery against an individual, such as an ongoing fight or brawl, that doesn’t lead to severe bodily harm or life threatening injury.
- Penal Code (1)05 is a misdemeanor punishable by no more than 30 months imprisonment and no more than a fine of $120. This falls under Officer Discretion.
(1)06. Attempted Murder
A person who deliberately and intentionally attempts to kill or cause life threatening harm to another person through premeditated actions.
A person who, by criminal accident, negligence, or in the heat of passion, causes severe or life threatening bodily harm to another person.
- Penal Code (1)06 is a felony punishable by no more than 90 months and no more than $1000 in fines.
This falls under Officer Discretion.
Attempted Murder is a catch-all for any action that leads to severe bodily harm. Its range in imprisonment is intended to account for when such severe harm is premeditated or accidental.
For accidents and negligence there must be evidence of foul play, criminality in the instance, or some other factor beyond a truly accidental incident. For example, injuring someone while speeding or intoxicated.
(( Aggravated Battery is much less severe and would not, for example, leave someone in a coma or brutally wounded script-wise. There is however also no guarantee that being brutally wounded means attempted Murder as it depends on how the situation is RPed. ))
(1)07. Intentional Manslaughter
A person who, through a criminal accident or negligence, causes someone's death.
- Penal Code (1)07 is a felony punishable by imprisonment of no more than 75 months and no more than 750$ in fines. This falls under Officer Discretion.
(1)08. Unintentional Manslaughter
A person who unintentionally kills another, with or without a quarrel or heat of passion.
- Penal Code (1)08 is a felony punishable by imprisonment of no more than 45 months and no more than 200$ in fines. This falls under Officer Discretion.
NOTES:
Manslaughter is murder that is not premeditated or proven to have intent or an opportunity to pause and reflect on killing that person. An opportunity to reflect (and therefore possibly change your mind) demonstrates premeditation and is murder. Manslaughter is only charged in the penal code when some sort of criminal negligence or action can be proven. Killing someone while driving drunk is manslaughter. Accidentally killing someone who jaywalks outside of a crosswalk is not criminal.
(1)09. Murder
A person who, with intent, malice aforethought, and premeditation, takes the life of another.
A person who commits murder while engaging in a felony offense that has been proven to be a premeditated act.
First Degree Murder is defined clearly by a person’s premeditated forethought or plan to commit the murder. Manslaughter happens in a heat of passion, by criminal negligence or accident, or for some other incident that is not expected. The only exception to this is when someone commits a planned felony, such as planning to commit an arson. If someone dies as a result of the premeditated arson, it is no longer manslaughter and instead murder.
- Penal Code (1)09 is a felony punishable by no more than 90 months imprisonment and no more than $1000 in fines. This falls under Officer Discretion.
(1)10. False Imprisonment
A person who detains or arrests another without their consent without premeditated intent or ransom for less than one hour.
A person who performs an unlawful citizen’s arrest.
- Penal Code (1)10 is a felony punishable by no more than 25 months imprisonment and no more than a fine of $150.
NOTES:
False Imprisonment is when someone is held against their will for less than one hour, without any premeditated intent (such as a plan to kidnap someone) or when there is no intention to ransom the individual.
Citizens arrest is a limited tool (defined elsewhere in the penal code) to hold individuals while awaiting police custody. Doing this unlawfully is considered a False Imprisonment.
(1)11. Kidnapping
A person who detains or arrests another without their consent (or the consent of their guardian) with the premeditated intent to do so.
A person who detains or arrests another without their consent (or the consent of their guardian) for more than one hour.
A person who detains or arrests another without their consent (or the consent of their guardian) with the intent or decision to hold that individual for ransom of any kind.
- Penal Code (1)11 is a felony punishable by no more than 15 months imprisonment and no more than 100$ in fines. This falls under Officer Discretion.
NOTES:
Kidnapping is defined by a more egregious act of False Imprisonment. Kidnapping is when the False Imprisonment is premeditated or planned, done for ransom (any reward or action in return for the person’s safe return,) or for more than one hour, regardless of intent.
(1)12. Harassment
Any person, who continues to follow, disturb, or annoy another, after being told to stop by the other person.
-Penal Code 1(12) is a Misdemeanor and be sentenced to no more than 15 months incarceration, and fined no more than $100.
(1)13. Mayhem
A person who intentionally causes extreme pain and suffering to a person, with or without permanent damage to the body.
A person who causes pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.
A person who intentionally disfigures, disables, or aggressively destroys or damages a body part or area of a body or person’s body.
- Penal Code (1)13 is a felony punishable by no more than 30 months imprisonment and no more than a fine of $125. This falls under Officer Discretion.
NOTES:
Mayhem/Torture is in many ways a penal code entry to enhance other charges. Mayhem can be added to any change in an instance where the Mayhem took place while, or along with, the crime being committed. It is not automatically applied to charges that may be considered Mayhem (such as an Arson that leads to Murder) unless there is the demonstration of the perpetrator torturing someone specifically in that act of Arson. Ultimately it is up to police to use this charge responsibly.
(1)14. Vehicular Murder
A person who, while operating a horse/carriage in a severely reckless and deliberate manner, causes someone's death.
A person who while Evading Peace Officers in a horse/carriage , directly or indirectly causes someone's death.
- Penal Code (1)14 is a felony punishable by no more than 45 months imprisonment and no more than a fine of $750.
- If occurring by accident, negligence, or in the heat of passion, the perpetrator shall receive the minimum sentence.
NOTES:
Vehicular Murder is only applicable if the individual driving the horse/carriage would have been reasonably aware of the fact that their driving, either due to its criminal intent (eluding police) or reckless nature, could feasibly cause great bodily injury or death to someone.
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