Criminal Law

In San Francisco, the California Penal Code is enforced by the San Francisco Police Department. Police Officers (subject to their chain of command) have the authority to issue warnings, fines, or conduct arrests for the violation of these laws in accordance with the maximum punishment guidelines. When present in the city, federal officials such as FBI Investigators have the authority but not the obligation to enforce these laws; their focus instead is on conducting long-term investigation work as opposed to street-level enforcement.

Offense Classes

Within the Penal Code, there are three classes of offenses ranging for least to most serious: Infractions, Misdemeanors, and Felonies.

Infractions are the least severe class of offense. Penalties for infractions generally include fines or community service, but do not result in jail time or a criminal record.

Misdemeanors is criminal offense that may be punished with fines or jailtime. These offenses range widely in severity, and make up the bulk of the Penal Code.

Felonies are serious criminal offenses that are always punished with jailtime. Within felonies, there are Capital crimes that may be punished with the death penalty.

Legal Rights

California citizens have legal rights under the United States Constitution and California Law. These should not be violated by Police Officers or other law enforcement personnel unless a state of emergency is ordered by the State (Administrators). In general, residents of San Francisco have the right:

• To remain silent and refuse to answer questions from law enforcement.
• To consult an advisor before speaking to the police and to have an advisor present during questioning now or in the future.
• To stop answering at any time until they talk to an attorney.
• To not have their person, property, or belongings unreasonable searched or seized without probable cause or a search warrant that describes the reason, specific person, property, or belonging to be searched and for what evidence the search seeks to obtain.
• To carry small-caliber weaponry, and non-lethal personal defense equipment concealed on their person.
• To freedom of speech and of the press.
• To peaceably to assemble and protest on public property.
• To defend oneself, another person, one's property, or property that one has been charged with the protection of (i.e., security guards) with reasonable and proportional force required to stop the threat, up to and including lethal force.
• To not be detained, arrested, or confined by law enforcement without probable cause or an arrest warrant.
• To received due process in all criminal matters.
• To be informed of the penalty they are to receive for a criminal offense that they have been arrested for.

Due Process

Search warrants are documents listing all persons and areas to be searched with the signature of the authority authorizing the search.

Arrest warrants are documents listing the individual to be arrested and on what charges with the signature of the authority authorizing the arrest.

A person being searched or arrested has the right to read the warrant authorizing the search or arrest prior to the act being conducted.

As the senior law enforcement officer within the city, the Police Chief is empowered to sign and issue warrants. When the Police Chief is absent, Police Sergeants become empowered to sign and issue warrants.

If there is no Police Chief or Sergeants, the Police Officers making up the force may verbally and unanimously authorize a Police Officer to sign and issue warrants until one of the appropriate authorities is in the city. Such warrants must be reviewed by appropriate authorities as soon as they are available to do so.

There are exceptions to the requirement of having and presenting a warrant, including:

• If a crime is directly witnessed by law enforcement, then a warrant is not required to conduct an arrest.
• If waiting for a warrant would reasonably cause severe danger or risk to persons or property, then a warrant may be presented after the arrest or search.
• If a person is arrested, they may be searched without a separate search warrant.
• If a person is on private property or closed-government property (i.e., the Police Station), they may be required to submit to a search of their person without a warrant unless they agree to leave the property immediately.
• If a felony offense is witnessed by a citizen, or a misdemeanor is witnessed by private security on private property, no warrant is required for these persons to arrest the offending person so long as the offender is turned over to police immediately and only reasonable force is used to restrain the person.

Punishments

Criminal offenses may be punished in a variety of ways, including:

• Verbal/Written warnings, for any offence without a minimum punishment.
• Fines, up to the maximum provided for the offence, or if a maximum is not provided, $500 for every five minutes of maximum custody.
• Community service, minor and temporary acts of public service.
• Jail, being held in custody to the maximum provided or any amount of time below the maximum.
• Holding until trial, being held in custody until round-end for designated felony offenses.
• Death penalty, for designated felony offenses as a maximum punishment with the permission of online Administrators.

Police Officers must ensure they do not exceed the maximum punishments provided.

Appeals and Grand Juries

Offenders being fined or held in custody for any duration may appeal to the arresting officer's Sergeant, and then to the Police Chief.

As a last resort, all persons being held until trial may request their case be reviewed by a grand jury of no more than five and no less than three members of the community that are not law enforcement or immediate family members or employees of the offender. The grand jury shall determine if the evidence held by law enforcement is enough to suggest that an offender more likely than not was responsible for the offense alleged.

The grand jury shall have the authority to ask questions of the arresting officer and offender, view any evidence, and upon unanimous agreement that no evidential basis exists for a crime, may order the release of an offender or stay an execution, pending full trial.

The Chief of Police or Sergeant shall be responsible for gathering the persons to serve on a grand jury panel.

Criminal Offenses

Individuals that have conspired, attempted, solicited, or been an accessory to a felony or misdemeanor offense may be charged and punished as if they had personally committed said offense.

Felonies

OFFENSE	DESCRIPTION	MINIMUM PUNISHMENT	MAXIMUM PUNISHMENT	NOTES
Murder	The unlawful killing of a human being with intent and malice.	Holding until Trial.	Death penalty upon State Authorization	Killing committed in situations of reasonable self-defense are not included.
Voluntary Manslaughter	The unlawful killing of a human being committed in the heat of the moment, a sudden confrontation, or during unreasonable self-defence.	$3,000 Bail	Holding until Trial
Carjacking	The unlawful seizure of an automotive vehicle from a lawful driver of said vehicle.	$1,500 Bail	15 Minutes in Custody	This does not include instances where someone is reclaiming a stolen vehicle that belongs to them from an unlawful driver, or police confiscation of a vehicle from an intoxicated driver or other detained person.
Robbery	The theft of another person's property through the use of physical force, intimidation, blackmail, or other coercive means.	$1,000 Bail and the Return of Stolen Goods or their Cash Value	15 Minutes in Custody
Kidnapping	The unlawful seizure of a human being against their will and permission.	$3,000 Bail	30 Minutes in Custody	This includes theft of vehicles that have passengers, but no driver. This does not include situations where someone has been detained by private security guards to prevent trespassing, vandalism, or other harm.
Aggravated Assault	The unlawful injuring or harming of a human being that causes severe injuries requiring urgent medical attention.	$3,000 Bail	30 Minutes in Custody	This includes all assaults committed with firearms, and physical assaults where bones are broken, organs are damaged, limbs are severed, or medical attention is required to prevent the deterioration of the victim's condition.
Grand Theft	The theft of another person's property equal or greater in value to ~$5,000.	$1,500 Bail and Return of Stolen Goods or their Cash Value	15 Minutes in Custody	This includes theft of vehicles that do not have an active driver.
Terrorism	The damage of property or killing/injuring of human beings with extreme force with intent to cause panic, fear, or intimidation to the public, or a group of persons.	Holding until Trial	Death penalty upon State Authorization	This includes the use of explosives, arson, and mass murder/violence.
Resisting Arrest	Refusal to comply with a lawful arrest.	N/A	$1,000 Fine or 10 Minutes in Custody in Addition to Original Offense	This does not include verbal resistance that does not involve either evading arrest or physical force in resisting arrest.
Riotous Behaviour	The unlawful assembly of a group of persons that disturbs the public peace, damages public or private property, occurs on private property, or includes the committal of other criminal offenses.	$1,000 Bail	10 Minutes in Custody	This does not include peaceful assembly on public property, including in roadways or sidewalks outside private property.
Violation of Constitutional or Civil Rights	The intentional violation of a person's constitutional or civil rights by a law enforcement officer or other government official.	$1,000	10 Minutes in Custody and/or Dismissal from Service	This includes unlawful arrests that include a discriminatory component (racial profiling), the dismantling of a peaceful assembly, or the denial of a person's other enumerated rights.
Drug Trafficking	The distribution or sale of illegal drugs and narcotics.	$500 Bail and Confiscation of All Illegal Drugs	10 Minutes in Custody

Misdemeanors

Except for those with minimum punishments, Police Officers may receive verbal or written warnings for a person's first committal of these offenses.

OFFENSE	DESCRIPTION	MINIMUM PUNISHMENT	MAXIMUM PUNISHMENT	NOTES
Drug Possession	Possession of illegal drugs or narcotics.	N/A	$1,000 Fine	This includes possession of opioids, methamphetamine, marijuana, and any other drug commonly understood to be unlawful . This does not include drugs possessed by medical professionals and used in the context of medical care.
Theft	The theft of another person's property equal to or less in value than $4,999.	Return of Stolen Goods or their Cash Value	$300
Battery	The non-consensual and unlawful physical contact with a human being.	N/A	$500	This includes things like hugging, grabbing, pulling, pushing, flicking, etc., that occur without the permission of the victim. This does not include being physically removed from property by private security or property owners.
Animal Abuse	The unlawful injuring, killing, or neglect of an animal not considered to be dangerous or invasive.	$500	10 Minutes in Custody and Mandatory Psychiatric Evaluation
Unlawful Confinement	The unlawful detention of a human being by a law enforcement officer or private security guard.	$500	Dismissal from Service	This applies to all law enforcement officers and private security guards.
Unlawful Firearm Possession	The unlawful open possession of automatic or semi-automatic weaponry.	Confiscation of Weaponry	$500	This does not include weaponry carried within a bag or other container, the Licensed AR-15 Hunting Rifle, or weaponry carried by the Millennium Tower Chief of Security and Chief Executive Officer.
Assault	The unlawful injuring or harming of another human being not severe enough to qualify as Aggravated Assault	$500	10 Minutes in Custody	This includes the intentional impact of a human being with an automotive vehicle. This does not include reasonable force used by private security to protect their assigned property or protectees.
Trespassing	The unlawful presence on or entry to a property that one does not have permission to be on.	Removal from the Property	$500	This includes entering or refusing to leave secure government buildings.
Indecent Exposure	The intentional display of one's uncovered genitals or buttocks in public.	N/A	10 Minutes in Custody
Intoxicated Driving	The operation of any automotive vehicle while intoxicated with drugs or alcohol.	Confiscation of Vehicle	10 Minutes in Custody	Signs of intoxication (stuttering, slurring, giggling, etc.) must be present.
Reckless Driving Causing Injury	The unlawful injuring or harming of another human being resulting from the unsafe operation of an automotive vehicle.	N/A	Confiscation of Vehicle
Criminal Harassment	The unlawful consistent intimidation, bothering, or following of another human being.	N/A	10 Minutes in Custody	This does not include singular occurences.
Property Destruction	The unlawful destruction of government, private, or personal property not belonging to the offender.	Payment of the Cash Value of Damage to Victim	10 Minutes in Custody	This does not include vandalism.

Infractions

These offences may always receive a written or verbal warning, an act of community service, or a maximum a fine equaling no more than $250.

OFFENSE	DESCRIPTION	NOTES
Jaywalking	Crossing of streets outside of designated pedestrian crosswalks.
Public Intoxication	Disorderly or disruptive behavior in public resulting from intoxication or active consumption of alcohol or drugs.
Public Disturbance	Disorderly or disruptive behavior in public.	This does not include lawful and peaceful protests/assemblies.
Illegal Parking	Parking of an automotive vehicle outside of designated parking areas.	This does not apply to emergency vehicles, or on private property except at the request of the property owner.
Speeding	Driving at unsafe speeds.	This includes driving at Transmission 3 in the vicinity of pedestrian crosswalks.
Vandalism	Causing minor or aesthetic damage to public or private property.	This includes drawing and spray-painting on public roads and sidewalks.
Loitering	Loitering immediately outside private property in a way that frustrates the access of the property owner and their guests, or the economic viability of the property.	This does not include lawful assemblies/protests.
False Reports/Statements to Law Enforcement	The intentional presentation of false information, statements, or reports of crimes to law enforcement.	This does not include genuine mistakes or misunderstandings.