CRIMINAL CODE | SECT. XIII - COMMON DEFENSES

[SASA]

SAN ANDREAS CRIMINAL CODE

COMMON DEFENSES

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TITLE XIII - DEFENSES

1301. Self-Defense
A person may claim self-defense if they reasonably believed that they were in imminent danger of bodily harm, and the force used was necessary to prevent that harm.

• Criteria:
  1. The threat must be imminent and unlawful.
  2. The force used must be proportional to the threat.
  3. Deadly force may only be used if there is a reasonable belief of imminent danger of death or serious injury.

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1302. Defense of Others
A person may use reasonable force to defend another person if they reasonably believe that the person they are defending is in imminent danger of bodily harm.

• Criteria:
  1. The defender must have a reasonable belief that the person they are protecting is in imminent danger.
  2. The force used must be proportional to the threat.
  3. The same rules for the use of deadly force apply as in self-defense.

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1303. Defense of Property
A person may use reasonable, non-deadly force to defend their property from unlawful intrusion or theft.

• Criteria:
  1. The property must be in immediate danger of being unlawfully taken or damaged.
  2. The force used must be necessary and proportional to prevent the intrusion or theft.
  3. Deadly force may not be used solely to protect property.

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1304. Necessity
A person may claim the defense of necessity if they committed a crime to prevent a greater harm from occurring.

• Criteria:
  1. The harm avoided must be greater than the harm caused by the criminal act.
  2. The person must have had no reasonable alternative but to commit the crime.
  3. The harm must be imminent, and the person’s actions must directly prevent it.

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1305. Duress
A person may claim duress if they were forced to commit a crime under the threat of immediate danger to themselves or others.

• Criteria:
  1. The threat must be of imminent harm and sufficient to cause a reasonable person to commit the crime.
  2. The person must have had no reasonable opportunity to escape the threat.
  3. Duress cannot be claimed as a defense to murder.

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1306. Insanity
A person may claim insanity as a defense if, at the time of the crime, they were unable to understand the nature or wrongfulness of their actions due to a severe mental illness.

• Criteria:
  1. The defendant must have been suffering from a severe mental illness at the time of the crime.
  2. The mental illness must have prevented the defendant from understanding the nature or wrongfulness of their actions.
  3. The burden of proof is on the defendant to prove insanity by a preponderance of the evidence.

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1307. Intoxication
Intoxication may be used as a defense if it negates an element of the crime, such as intent. However, voluntary intoxication is generally not a defense to criminal liability.

• Criteria:
  1. Involuntary intoxication may be a complete defense if it rendered the person unable to understand the nature or wrongfulness of their actions.
  2. Voluntary intoxication may reduce the severity of charges if it negates specific intent but does not excuse criminal behavior.
  3. The intoxication must have been sufficient to prevent the formation of the requisite mental state for the crime.

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1308. Mistake of Fact
A person may claim a mistake of fact as a defense if their misunderstanding of a fact negated an element of the crime.

• Criteria:
  1. The mistake must be honest and reasonable.
  2. The mistake must negate a necessary element of the crime (e.g., intent).
  3. The mistake must be about a factual circumstance, not a misunderstanding of the law.

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1309. Consent
A person may claim consent as a defense if the alleged victim of the crime voluntarily agreed to the conduct in question.

• Criteria:
  1. The consent must be voluntary, informed, and given without coercion or deception.
  2. Consent is not a defense to crimes involving serious bodily harm or where consent is prohibited by law.
  3. The defendant must have reasonably believed that the victim consented.

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1310. Alibi
A person may claim an alibi as a defense if they were not present at the scene of the crime and therefore could not have committed the crime.

• Criteria:
  1. The defendant must provide evidence showing they were elsewhere at the time the crime was committed.
  2. The alibi must be corroborated by credible evidence, such as witnesses or documentation.
  3. The burden of proof is on the prosecution to prove beyond a reasonable doubt that the defendant was present at the crime scene.